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PRHSPSC PKT 10-13-20201. 2. 3. City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee October 13, 2020 City Hall 5:00 p.m. Video Conference MEETING AGENDA Notice: Pursuant to Governor lnslee's Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: D \: (:) e I CALL TO ORDER Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 Sign-Up* here to give citizen comment during the meeting (via calling-in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 PUBLIC COMMENT (3 minutes) COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council A. Approval of September 8, 2020 Minutes 8.Portable Toilet Services Contract Amendment Committee Members linda Kachmar, Chair Lydia Assefa-Dawson Greg Baruso K:\PRHSPS Committee\2020\10-13-2020 Agenda.doc C.Thundering Oak Enterprises Contract Amendment for Tree Services D.Department of Justice Bureau of Justice Assistance FY 20 Coronavirus Emergency Supplemental Funding Program or Info Date 3 Action N/A Gerwen 5 Action Consent 10/20/20 Gerwen 11 Action Consent 10/20/20 Schwan 17 Action Consent 10/20/20 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II Topic Title/ Description E.Valley Narcotics Enforcement Team (VNET)/ U.S. Department of Justice Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) Task Force Agreements F.Valley Independent Investigation Team Agreement (VIIT) G.Resolution: Pooling Funding Between South King Housing and Homelessness Partners (SKHHP) Cities Related to Affordable and Supportive Housing - Sales and Use Tax (RCW82.14.540) As Authorized by Substitute House Bill (SHB) 1406 H.South King Housing and Homelessness Partners (SKHHP) 2021 Budget I.South King Housing and Homelessness Partners (SKHHP) 2021-2022 Workplan 4.OTHER Topic Title/Description A.Accurate Count of Homeless People Question B.Community Forum 5.FUTURE MEETING: Presenter Hwang Hwang Bridgeford Bridgeford Bridgeford Presenter Bridgeford Page 39 49 53 63 67 Page N/A Committee N/ A Action Council or Info Date Action Consent 10/20/20 Action Consent 10/20/20 Action Resolution 10/20/20 Action Consent 10/20/20 Action Consent 10/20/20 Action /Info Information Discussion The next PRHSPS meeting will be November 10, 2020 at 5:00 p.m. 6.ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.cityoffederalway.com. Committee Members Unda Kochmar, Chair Lydia Assefa-Dawson GregBaruso K:\PRHSPS Committee\2020\10-13-2020 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, September 8, 2020 5:00 p.m. SUMMARY Committee Members Participating via Video Conference: Chair Kachmar and Committee members Assefa-Dawson and Baruso Council Members Participating via Video Conference: Council President Honda Staff Members Participating via Video Conference: Del Kolde, Assistant City Attorney, Kyle Sumpter, Deputy Chief of Police, John Hutton, Parks Director, and Mary Jaenicke, Administrative Assistant II. Chair Kachmar called the meeting to order at 5:02pm Public Comment: None BUSINESS ITEMS Appr·oval of Minutes Committee member Baruso motioned to approve the July 14, 2020 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. King County Registered Sex Offender Cost Deputy Chief of Police Sumpter provided the background information. The Federal Way Police Department is requesting approval to accept the Registered Sex Offender Overtime Cost Reimbursement Agreement from the King County Sheriffs Office. The grant is for reimbursement of overtime expenses incurred while verifying current addresses and residencies of sex offenders. The maximum amount of the grant is $17,890.42. Chair Kochmar moved to forward the RSO Overtime Cost Reimbursement Agreement between the Federal Way Police Department and the King County Sheriff's Office to the September 15, 2020 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Edward Byrne Memorial Justice Assistance Grant {JAG) Prngram FY 2020 Deputy Chief of Police Sumpter provided the background information. There are no matching funds for this grant. The total amount of this grant is $39,870.00 and will be used to purchase a small evidence refrigerator, protective eyewear for the Civil Disturbance Team, laptop and other supplies. Committee member Dawson asked if the funds can be used for something different or are they to be used for what was specifically asked for. Deputy Sumpter answered that there may be a process but there could be a cost associated with deviating from what was originally requested. Assistant City Attorney Kolde clarified that the Federal Way Police Department has to spend the funds on the items that they requested on the grant. Committee member Assefa-Dawson moved to forward the FY 2020 JAG Grant to the September, 2020 consent agenda for approval. Committee member Baruso seconded. Motion passed. NEXT REGULAR MEETING October 13, 2020 ADJOURNMENT Meeting adjourned at 5:25p.m. K:\PRHSPS Committee\2020109-08-2020 Minutes.doc 3 This Page Left Blank Intentionally 4 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PORT ABLE TOILET SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council amend the contract by adding compensation and extending the term with Head Quarters Portable Toilet services and authorize the Mayor to execute the contract? COMMITTEE: PRHSPC CATEGORY: IZJ Consent D City Council Business D Ordinance D Resolution MEETING DATE: 10/13/2020 D D Public Hearing Other DEPT: Parks STAFF REPORT BY: Jason Gerwen, Parks Deputy Director ~~~~~~~~~~~-~~~~~~ Attachments: 1. Staff Report 2. Head Quarters Contract Amendment 2 Options Considered: 1. Approve the proposed Amendment. 2. Do not approve the proposed Amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. DIRECTOR APPROVAL:~ '1/z.1/~o Lo I.> lni1ia ate · COMMITTEE RECOMMENDATION: "/move to forward the proposed Amendment to the October 20, 2020 consent agenda for approval." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval of the proposed Amendment, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-l 1/2019 5 COUNCIL BILL # First reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: CITY OF FEDERAL WAY MEMORANDUM October 13, 2020 City Council Members Jim Ferrell, Mayor Jason Gerwen, Parks Deputy Directo ~ SUBJECT: 2nd Amendment to the Goods and Services Agreement with Head Quarters for Portable Toilet Services Financial Impacts : The cost to the City for portable toilets was included within the approved budget under the Parks Department 001-7100-3 31-57 6-80-453. In accordance with the approved budget, this item is funded by the General Fund. Proposed amendment will add $46 ,000 in compensation for a total contract amount of $87,750. Original contract: Amendment # 1: C WTent Propose d Amendment #2 : Total amount of contract: Background Info rmation: $23 ,000 $18,750 $4 6,000 $87,750 Amendment is needed to extend the term and increase the amount of compensation. Due to the challenges of Covid-19 we have had to increase the number of units deployed at various park locations and the frequency of servicing. The total number of units that are currently in our Park system is 13. 6 Rev. 7/18 AMENDMENT NO. 2 TO C ITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ~Vivw e1tyoffederEJlway com GOODS AND SERVICES AGREEEMENT FOR PORTABLE TOILETS This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Temporary Storage of Washington, Inc., dba Head Quarters a Washington corporation or ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Portable Toilets ("Agreement") dated effective January 18, 2018, as amended by Amendment No 1. as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2022 ("Amended Term"). 2. AMENDED COMfENSA TION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate( s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 7 AMENDMENT - 1 -3/2017 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 1 ~ww cityoffedemlwo_v com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By:~~~~~~~~~~~~ Jim Ferrell, Mayor TEMPORARY STORAGE OF WASHINGTON, INC. DBA HEAD QUARTERS: STATE OF WASHINGTON) ) SS. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this ___ day of _________ _, 20 AMENDMENT Notary's signature Notary's printed name ----------------- Notary Public in and for the State of Washington. My commission expires _______ _ 8 - 2 - 3/2017 EXHIBIT B-2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www C1tyo;fedemlway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Forty-Six Thousand Five Hundred and NO/I 00 Dollars ($46,500.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Eighty-Seven Thousand Seven Hundred Fifty and N0/100 Dollars ($87 ,750.00). 9 AMENDMENT - 3 -3/2017 This Page Left Blank Intentionally 10 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THUNDERING OAK ENTERPRISES CONTRACT AMENDMENT FOR TREE SERVICES POLICY QUESTION: : Should the City Council amend the contract for tree removal with Thundering Oak Enterprises, Inc. by adding compensation and authorize the Mayor to execute the contract? COMMITTEE: Parks, Recreation, Human Services & Public Safety CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Jason Gerwen, Parks De uty Director Attachments: 1. Staff Report MEETING DATE: 10/13/2020 D D Public Hearing Other DEPT: Parks 2. Thundering Oak Enterprises, Inc. Contract Amendment 1. Options Considered: 1. Approve the proposed contract amendment. 2. Do not approve the proposed contract amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the October 20, 2020 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE} COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-11/2019 11 COUNCIL BILL # First reading Enactment reading ORDINANCE# RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: October 13, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason Geiwen, Parks Deputy Director ~ SUBJECT: 1st Amendment to the Maintenance Agreement with Thu~dering Oak Enterprises, Inc. for Tree Services Financial Impacts: The cost to the City for arborist services was included within the approved budget under the Parks Department 001-7100-335-576-83-480. In accordance with the approved budget, this item is funded by the General Fund. Proposed amendment will add $80,000 in compensation for a total contract amount of $148,500. Original contract: Current Proposed Amendment # 1 : Total amount of contract: Background Information: $60,500 $88,000 $148,500 The Parks Department rebid contracted arborist services in 2019. This amendment is needed to increase the amount of compensation. The city has been experiencing an increase in calls from citizens in Federal Way regarding dangerous or down trees that are on city properties which threaten private property interests. The Streets(l 01-4100-xxx) and SWM ( 4100-3100-xxx) maintenance divisions piggyback on this contract as needed. 12 Rev. 7/18 AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR TREE SERVICE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 8~5-7000 www c1tyoffederalwav com This Amendment ("Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thundering Oak Enterprises, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties,. agree to amend the original Agreement for Tree Service ("Agreement") dated effective July 1, 2019, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at . the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, aft~r the previous expiration date and prior tp the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 13 AMENDMENT - 1 -3/2017 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedemlway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERA L WAY: ATTEST: By: ______________ ~ Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney THUNDERING OAK ENTERPRISES, INC.: Printed Name: ------------ STATE OF WASHINGTON ) ) SS. COUNTY OF -----~ 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 . AMENDMENT Notary's signature Notary's printed name ________________ _ Notary Public in and for the State of Washington. My commission expires _______ _ 14 -2 -3/2017 EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253 ) 835-7000 www. c1tyoffederol way com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Eighty Thousand and N0/100 Dollars ($80,000.00) and Washington State sales tax equal to Eight Thousand and N0/100 Dollars ($8,000.00) for a total of Eighty-Eight Thousand and N0/100 Dollars ($88,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Forty-Eight Thousand Five Hundred and N0/100 Dollars ($148,500.00). 15 AMENDMENT - 3 -3/2017 This Page Left Blank Intentionally 16 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE FY 20 CORONA VIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM POLICY QUESTION: Should the Federal Way Police Department accept $132,455.00 from the Department of Justice Bureau of Justice Assistance Coronavirus Emergency Supplemental Funding Program? COMMITTEE: PRHS&PSC CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: Oct 13, 2020 D D Public Hearing Other ST A !':_F REPORT B ~: _ K~1rt _Sc~~an,J'r ~~ssional Standards Comman_d_er __ D_E_P_T_:_P_o_li_c_e _______ _ Attachments: I. Staff Report 2. DOJ/BJA FY 20 Coronavirus Emergency Supplemental Funding Program document Options Considered: 1. Approve the proposed funding and authorize execution of the contract. 2. Do not approve the proposed grant and provide direction to staff. --------------------------------------------- MAYOR'S RECOMMENDATION: 1 9'Zc tl:/1/;.6 DIRECTOR APPROVAL: ~~i e /i' fa..,, Initial/Date COMMITTEE RECOMMENDATION: I move to forward the DOJ Funding Program to the October 20, 2020, Council consenl agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the DOJ Funding and authorize the Chief to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEfERREDINO ACTION 0 MOVED TO SECOND READING (ordinances 011/y) REVIS ED -1212017 17 COUNCIL BILL # First reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 13, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Department of Justice Bureau of Justice Assistance FY 20 Coronavirus Emergency Supplemental Funding Program Financial Impacts: By accepting the awarded $132,455.00 from the DOJ BJA FY 20 Coronavirus Emergency Supplemental Funding Program the city commits to purchasing IT equipment (laptops and docking stations) during the award period (2020-2022). Background Information: In 2020, the Department of Justice awarded more than $84 7 million in funding through 1,827 awards through the Department's Bureau of Justice Assistance FY 20 Coronavirus Emergency Supplemental Funding Program. The Federal Way Police Department has been awarded $132,455.00 of funding that will be utilized to purchase Information Technology equipment to be better prepared and maintain the continuity of services during similar situations such as have been experienced during the COVID-19 pandemic. The equipment that has been identified for purchase are 34 laptops, docking stations, and all necessary software for that equipment, over a period of two years, so that essential employees can continue to work effectively remotely, if necessary. 18 @ - ' Office of the Assistant Attomey General Junel\,2020 Chief Andy Hwang City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Dear Chief Hwang: Department of Justice (DOJ) Office of Justice Programs Washi11glon, D.C. 20531 On behalf of Attorney General William P. Barr, il is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. !)cpartmcnt of Ju~tice (DOJ), has approved the nppl ic31io11 by City of Federal Way for an award under lhc OJP limding opponunily entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $I 32,<155 These funds are for the project entitled City ofFederat Way's COV!D-19 Response. The award docume11t, including nwnrd conditions, is enclosed. The entire document is to be reviewed ca.refiilly before any decision to accept the award. Also, lhe webpagc entitled "Legal Notices: Special circumstances as to particular award con<litions" (ojp.gov/funding/Explore/Lega!Notices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices'' webpngc, OJP sets out -by funding opportunity --certain special circumstances that may or will affect the applli.:ab ility of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that wcbpngc i~ incorporated by reference imo 1he award. E'lease note that award requirements include not only award conditions, but also compliance with assurances and certifications that 1·eiate to conduct during the period of performance for the award. Because these requirements enc<1mpass linancial, udminimativc, and progra.mmatic matters, as well as other impor.nnt matters (e.g., specific restrictions on use of fu11d ·),it is vital that all key staff know the uward rcquiremen!s, and receive the awurd conditions and the 11ss urances and cenificnJions, as well as the application as approved by OJP. (Infonnation on all pertinent awnrd n!t1uircmentl' :ilso ml!l't be provided to any suhrecipicnt of the award.) Shll u:d C ity of Federal Way accc.pl the award and then fail to comply with an award requirement, DOJ will pursue appropriate rern cdks for non-compliance, which may include tennination of the award and/or a requirement lo repay award funds. Please d irect questions regarding this )lward as follows: -For program questions, contact Jeffrey S. Felten-Green, Program Mun.ager at (202) 514-8874; and -For financial questions, contnct the Customer Service Center ofOJP's Orficc of!he Chief Financial Officer al (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working witb you . Sincerely, '!, i '- ,L. ~ , I !· '· Katharine T. Sullivan Principal Deputy Assistant Attorney General Enci 19 © / June 11, 2020 Chiel· Andy Hwang City of Federal Way 33325 8th Avenue South Federal Wa y, W/\ 98003-6325 Dear Chief Hwung: Department of Justice (DOJ) Office of Justice Programs Office of Civil Rights Wa~hington, DC 20531 Congratulations on your recent award. The Office for Civil Rights (OCR), Office ofJuslice Prugrnms (OJP), U .S. Department ol· Jus tice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office o<' Com111unily Oriented Po licing Services (COPS), and the Office on Violence Against Women (OVW) arc not engaged in cliocrirnination prohibited by law. Several fed e ral civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give a5surances that they will comply with rliosc laws. In acklitio11 to thus~ civil tights laws, 11ia11y grnul p1ug1a111 slalul~~ cu11lui11 uu11dbcti111iuatio11 ~·rnvisions that require compliance with them as a condition of receiving federal financial Msistance. For a complete review of these civil rights laws and nondi scr imination requirements, in connection with OJP and other DOJ awards, see https ://ojp.govi fundingfE xplorc/l .ega!Ovcrvicw/CivilRightsRcquircmcnts.htm Under the dclegalion ofauthorily, the OCR investigates allegations ofdiscrirnination againsl recipient;; from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits pennit 1he OCR to evaluate whether recipients of linancial assistance from the Deparlmenl are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you ure a rccipieni of grnnt awards under the Omnibus Crime Control and Safe Streets Act or lhe Juvenile Justice and Delinquency Prcvcn!ion Act and your agency i; part of a criminal justice system, tbcrc urc two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for ad<litional information regarding requirements when there is an adverse finding, see 28 C.f.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We al the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ g.ranl fonding . lfyou would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsihilitics a~ u recipient of federal financial assistance, please do mit hesitate lo let us know. Sincerely, Michael L. Alston Dircclor cc: Grant Manager Financial Analysl 20 ----------------------, Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance _,_ R~ClPIENT NAME AND 1\DDRESS (Including Zip Code) City ofFcdcr<il Way I OF l6 Grant 4. A WARD NUMBER: 2020-VD-BX-1823 .D325 8!h Avenue So1.Jlh 5. PROJECT' PERIOD: FROM BUDGET l'ERJOIJ: FROM Ol/20/2020 TO Of/31/2022 FeJeral Way, WA 98003-6325 0112012020 TO 01/31/2022 6. AWARD DATE 06/11 /2020 7.ACTION ~---------- ' 2a. GHAN f'EE IRS/VlNUOR NO. 911402550 '1 2b. GRANTEE DUNS NO . 61250?90! l 3 PRO.IP.CT TITLE City of Fcdcrn l W•y's COV! D-19 Response 12 SPECIAL CONDITIONS 8. SUPPLEMENT NUMBER 00 9. PREVlOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD II.TOTAL AWARD ·r1 ll: ABOVE GRANT PROJECT IS APPROVED SUF!JF.CTTO SUCH CONDITIONS OR I.IMITATIONS AS ARE SET FORTH llN 1111:: ATJ'.~C!H:D l'AGP:(S). i I_ I i I .l s ! fl nn OR y Al!T; IORITY FOR GRANT "I.his nrojccl \, 'upportcd under FY20(11JA -CES F) Pub. I .. No. 116-136, Div B; 28 U.S.C. 530C 14 CAT ALOG OF DOMESTTC FEDERAL J'.SSISTANCE CCFDA Number) 16 0311 -Co ronav1ru!) F.rrn!rt;cncy Supplcmcnllli fur.ding Prcgr ~m I< MEHIOD Oi· PA YMENT GPRS rii!liiiiliiiil[~AG E~'.~-~l''.~~O~AL GRANlliE ACCEPTANCE Jm llal $0 s 132,455 S I J2,455 I 11>. TYPED NAME AND TITLE OF APPRovrNG OFFICIAL 18. TYPED NAMP. AND TITl.F. OF AllTHORIZED ()RANTER OFFICIAL I Kath~rinl! i . Snl1ivun ~>ri1tcipil[ 01.!puty Assist:.inl Allomcy Gcocml Andy llwung Chief o f Polic1~ --------------------------------- 17. SIUNATUlll'. OF A!'l'ROVING OFFICIAL 211 . AC'COUN'i ING CLASSIFICATION CODES FISCAL FUND BUD. D!V . YEA\l CODE AC 1·. OFC. RF.li. SLHl x B VD 80 00 00 POMS 132455 I I I ·--~---~--~----~-!-----~-~-~-~ 0.11' FOl!M 400012 (REV 5-87) PREVIOUS EDTTIONS ARE OBSOLETE OJP FORM •l000/2 (REV. 4-88) 21 I @ . . ~ . Department of Justice (DOJ) Office of Justice Programs llurcau of Justice Assistance AW ARD CONTINUATION SHEET Grant PAGE 2 OF 16 ---------·--------·---------- PROJECT NU.MBER 2U20-VD-HX-IB23 AWARD DATE 06il 112020 SPECIAL CONDITIONS I , Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certificutions submitled by or on behalf of the recipient that relate to conduct during the period of perfonnancc also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may detem1inc that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, arc (or will be during the period ofperfnnnance) set out thrnugh the Office of Justice Progrnms ("OJP") webpage entitled "Legal Notices: Special circumstunccs as to purticular award conditions" (ojp.gov/funding/Explore!Lega!Notices-AwardReqts.htm), and incorpuraled by reference into the award. · By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of' the nward, and specifically adopts, a~ ifperwnally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. l'ailure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period --may result in OJP taking appropriate action with respect to lhe recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 lJ.S.C. I 001 and/or 1621, and/or 34 U.S.C. l 0271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31U.S.C.3729-3730 and 3801-3812). Should any provi1ion ofa requirement of this award be held to be invalid or unenforceable by its tcnns, that provision shall lirst be t1pplied with a limited construclion so ~is to give it the maximum effecl pemtitled by law. Should it be held, instead. that the provision ·is utterly invalid or -unenforceable, such provision shall be deemed severable from this ~ward. OJP FORM 1000/2 (REV 4-88) 22 @ . . . . Department of Justice (DOJ) Officeol'Juslice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 O~ 16 PROJECT NUMBER 2020 VO-BX-1823 AWARD DATE 06il li2020 ----------------------------------- SPECIAL COND!TIONS 2. Applicability of Parl 200 Uniform Requiremenls The Unifonn Administrative Requirements, Cos! Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DO.I in 2 C.F .R. Part 2800 (together, Lhe "l'nrt 200 Unifonn Requirements") apply to this FY 2020 award from OJI'. The l'nrt 200 Unifonn Requirements were lirsl adopted by DOJ on Deccmber26, 2014. If this FY 2020 award supplemcnL~ tirnds previously awarded by OJP under the ~am~ wa rd number (e.g., fun tl s awarded !l uring o r before December 2014), the Pa .rt 200 Unifonn Requirements ap ply wit Ii respect to all fund s 11 nd ~r 1hn1 nwnrd number (r<:g_n rd les s of"!hc award dnte, and regardless of whether derived from the initial award o r a s upplcmcnt..11 aw~rd ) that nre nbli gatcd on or urrer lhe acceptance date of this FY 2020 award. For more infommlion and resources on tile Part 200 Uni/01111 Requirements as they relate lo OJP awards and subawards ("subgrants"), see the OJP websilc at https://ojp.gov/funding/Part200UnironnRequiremenls.hlm. Record retention and nccess: . Records pertinent to the award that the recipient (and any subrccipient ("subgrantee") at any lier) must rc:tai n --typically fo r a pc.riod of J years !Tom the dn tc of submission of th e fi na l expendilu re report (SF 425 ), un less a different re tention period app lies -and lo wh ic h 111<: recipien t (a nd uny s ubrcc ipicut ("subi;m nL c") at any t ie r) must prO\'ide ac cess , inc lud e per fo nnuncc m easurement in fommtio o, in add itio n lo the finnnci nl re co rds suppo rti ng do cume n<s, s ta tlsti ·ti rec ords, and othe r pc rtm enl r1:eords i ndicult:d al 2 C.f.R. 200333 . In !he event that nn award-relatcd quest ion arises fro m documents or other materials prepared or distributed by OJP that mny appear tn con flic t with, o r d iffer in some way from, the provisions of 1l1e Part 200 Uniform Requirements, the recipient is to conlacl OJ P promp tly fo r clnrilic-0 1ion. 3 C ump\iunce with DOJ Grants Finuncial Guide References to the DOJ Grants Financial Guide are to the DOJ Urunts Financial Guide as posted on the OJP website (currently, the "DOJ Grant~ Finan~ial Guide" available al h1tps://oj p.gov/financialguidc/DOJ/inJc x .h1 m), inclutling any updated version that may be posted during Lhe period ofpc r forniun ce. The recipient agrees to comply w ith the DOJ Grams Fimirrcial Guide. 4 Reclao:<ifi cation of various statutory provisions to a ucw Title 34 of the United States Code On Sep tumbcr I , 2017, various statutory provisions.previously codifietl elsewhere in lhe U.S. Code were editorially rcclassi ticd (that is , moved and renumbered) lo a new Title 34, entitled "Crime Control and Law E11forccmcut." The reclassification encompassed a number ol'statulory provisions pertinent lo OJP awards (lhal is, OJI' grants and cooperative agreements), including mnny provisions previo usly codified in Title 42 or the U.S . Code. Effective a s of September I , 2017, any reference in this award document lo a st:itulory provision that has been reclassified t o the new Title 34 of the U.S . Code is to be read as a reference to that statutory provision as reclassified to Tille 34. This nrk of' constrnclion specifically includes references set out in award conditions, references sel out in m~teria i incorporated by rcfcrrncc through awmd conditions, and references set ou t in olhcr award requirements . . -------------·--··------- CJ .ti' FORM 400012 (REV . 4-88) 23 @ . . Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2020-VD-BX-1823 A WARD CONTINUATION SHEET Grant AWARD D.~TE 0611 !12020 SPECIAL CONDITIONS 5. Required 1raining for Point of Contact and all Financial Point~ of Contact PAGE 4 OF 16 Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or afier January 1, 2018, will satisfy this condition. · ln the event that either the POC or an FPOC for this awnrd changes during the period ofperfomiance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after --(I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the cnse of a new POC), o r (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). S uccess ful completion of such a training on or atler January 1, 2018, will satisfy this condition. A list ofOJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is availnble al hllps://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJI' will immediately withhold ("freeze") award funds if the recipient fails to comply wilh this condition. The recipient's failure lo comply also may lead OJP to impose additional appropriale conditions on this award. · G. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable Jaw to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(1), and that elects to use the "de minirvis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Unirorrn R.equirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Unifonn Requirements. 7. Requirement to report potentially duplicative funding lf the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of pcrfonnance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds arc provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice {GAN) to eliminate any inappropriate duplication of funding. ---------------------------------·---· - OJP FORM 4000/2 (REV. 4-KK) 24 Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance !'ROJt:CT Nl !MBER 207.11-VD-B X-i 82.1 AWARD CONTINUATION SHEET Grant AWAJUJ IJA "IE 0611112020 PAGE 5 OF 16 ---------------· SPECIAL CONDITIONS 8. Requir crmmts related !(1 System for AwL1rd Management and Universal Identifier Requirements The rc cipicni mus t compl y wi 1h upplicablc re quiremen ts regarding the System for Award Manascmeot (SAM), c urre ntly uccc.~:>i"b le at hllp ~;f/wwv,._"llm.gov/. This includes applicable rcquireme·nts regartli ng re gis tration with SAM, :1~ well as mnintni ning the cm m~noy ori nforrn atio n in SAM. The red pi ent also must comply with appl.ica.blo restriction s on subaw ards ("sub grants") to first-tier s ubn:ci pienls (fi rst-tie r "subgrantccs"). including res trictions on s ubawards to entities that do not acquire and provid~ (to the recipien t) the unique ent ity identifi.cr required for SAM regi stnlli o n. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web sitc nl hllp s;//ojp.gov/funding/Explorc/SAM .htm (Award condilion: System for Award Manugement (SAM) and Un iv ersal Tdentifier Requirements), and are incorporated by reference here .. This condition does not apply to an award to an individual who received the award as a nahtrnl person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). --------------------------------------·---------- OJP FORM '100012 (REV 4-H8) 25 ,--·---· @ Departmenl of Justice (DOJ) I I - . , ' Office of Justice Programs Bureau of .Justice Assistance AWARD CONTINUATION SHEET PAGE 6 OF 16 ' Grant l'ROJF.C r NUMBER 2020-VO-BX-1823 AWARD DATE 06/11/2020 SPACIAL CONDITIONS 9. Employment eligibllity verification for hiring under the award I . The recipient (and any subrecipienl at any tier) must-- A. Ensure thut, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrccipicnt) properly verities the employment eligibility of the individual who is being hired, consistent with the provisions of8 U.S.C. 1324a(a)(I) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under Lhis award of both-- (I) this award requirement for verification of employment eligibility, and (2) the assoeiul~d provisions in 8 U.S.C. l324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United Slates, io hire (or recruit for employment) certain :iliens. C Provide truining (to the extent necessary) to those persons required by this condition to be notified of the award requirement lor employment eligibility veriiication and of the associated provisions of 8 U.S.C. 1324a(a)(l) and (2). D. As part of tbe recordkceping for the award (including pursuant to the Part 200 Unifonn Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form l-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of net ions designed to ensure compliance with this condilion. 4. Rules or conslruclion A. SLlsff involved in the hiring process Fo l' purposes of this .::ondi1iun, persons "who are or will be involved in activities under 1his award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B . Employment eligibility confirmation with E-Vcrify For purposes of satisfying the requirement of Lhis condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Vcrify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipienl) uses E-Verify (and follows the proper E-Ycrify procedures, including in the cvcut of a "Tentative Nonconfinnation" or a "Final Nonconfirmation") to eonfinn employment eligibility for each hiring for a position in Lhe United Stales lhat is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United Stales, and the Cornmonweallh of the Northern Mariana Islands. D. Nothing in this condition ,;liall be undersiOod to at1thorizc or requ1.-e any rccipienl, any suurecipic111 at any Lier, or OJI' FOllcvl 4000/2 (REV. 4 88) 26 r -' --------- ~ w Department of .li:stice (DOJ) 0 tlicc oC Just ice Programs Bureau of .J usticc Assisl:rncc l'ROJEC'f NUM!lER 1020-VV-!lX-1 823 r ~:WARD CONTIN-Ut~:I~~ SHEET Grnnl: AWAJlD DATE 06/l 1/2020 SPECIAL CONDITIONS PAGE 7 OF 16 any person or other entity, to violate any federal law, including any applicable civil rights or nondiscriminatioo law. E. Nothing in this condition, including in paragraph 4.8., shall be understood to relieve any recipient, any subrccipicnt at any Lier, or any person or otl1er cntily , of any oblig~tiun otherwise itr1posed by law, including 8 U.S.C. 1324a(a)(l) ~nd (2). Questions about £-Verify should be dircclcd to OHS. For more information about £-Verify visit !he E-Verify website (hllps://w ww .e-verif'y .gov/) or email l::-Verify at li-Verify@dhs .gov. E-Verif'y employer agents can email E- Ve ril'y al E-VerifyEmp!oyer/\gent@dh s.gov. ()ucslions abou t lile mean ing or scope oflhis condilio n should be directed lo OJP , before award acceptance. 10 Requirement lo repon actual or imminent breach of personally identifiable infomiation (Pl!) The recipient (and any "s ubrecipienl" at any tier) must have written procedures in place to respond in the event of an actual or im mine nt "breach" (OMB M-17-12) if it (or a s ubrecipient)--(1) creates, collects, uses, processes, stores, rn:linwin>, <li sscminutes, discloses, or disposes of"personally identiliable inl'onnution (Pl!)" (2 CFR 200.79) within the scope or an OJI' grant-funded program or act ivity, or (2) uses or opcrares a "Federa l infonnation sy stem" (OMB Circular A-130). The recipient'~ breach proc edures must include u require ment to report uctu al or imminent breach of Pll to an OJP Program Manage'r no later than 24 hours after an occurrence of an ac tu al brc~ch , or th e detect ion of an imminent breach. 11 . All subawards ("subgranls") mu st have specilic lederal authorization The recipient, and any subr~cipienl ("subg rantee") al auy tier, must comply with all a.pp licable rcquirem~nls for authoriza1ion of any subaward. This cond i(i on applies to agn:emcn ts thnt --for p urposes of fo dcrn l grants administrative requirements --OJI' considers a "s~1bawurd" (nnd therefore does not considl:r a prot.:uri:mcn t "cunlract''). I he Jetails o! t he requ ire ment /'or authclriLalion cifany subaw ard are pllsted on !be OJI' web site al h tl r ~::/njp .go v/fund in!!fEx plorc./S ubaw:irdJ\uthorization.htm (Award condit ion : /\JI subawards ("subgrants") must have spccifi~ ti.:dc rn l auth on~a tion), and are incorporated by reference here. 12. Speci lic post-award apprnval required tel use a rnmcompelitivc approach in any procu remen t contract that would exceed $250,000 The rc"ipicnl. und any sub rccipicm ("subgrantcc '') nt nny ti e r, musl comply will1 nil uppl icablc n:quircmems to obta in spe ilic advuncc app ro val to use a noncom pe titive ~pp roach in nny proc urement con1mct that woul d exceed lhc Simplilicd Acquis ition Threshold (current ly, $250,000). T hi co ndition a pplies 10 ai:rccmcnts tha t --for purpo:;cs of federal grunt~ udminl s trntivc rc:qniremcnts -OJP conside rs a procurement "contract" (aud therefore does not consider a subaward). The detnils of!he requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award arc posted on tl1c OJP web site at https ://oj p.gov /funding!ExploreJNoncompetitiveProcurcrnent.htm (;\ward condition: Specific post-awa rd approval required to use a noncompetiti ve a pproach in a procurement contract (ifcontracl would exc ee d $25 0,000)), um! are incorporated by reference here. OJP FORM 400l)i2 (REV. 4-88) 27 ,.------------------,,...---------------------------·-~--- @ . Department of Justice (DOJ) OJlice of Justice Programs Bureau of Justice Assistance 1 ·-;;;0J~CT NUMBER 2020-VD-BX-182J AWARD CONTINUATION SHEET Grant AWARD DATE 06/11/2020 SPECIAL CONDITIONS 13. Unreasonable. restrictions on competition under Lhe award; association with federal government PAGE 8 OF 16 SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in pJrt) by this award, whether by the recipient or by any subrecipient al any tier, and regardless of the dollar amount of the purchase nr Bcquisition, the method of proeurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). I. No discrimination, in procurement transactions, against associates oflhe federal government Consistent wilh lhe (DOJ) Part 200 Unifonn Requirements --including as set out at 2 C.F.R. 200.300 (requiring awards lo be "man age! d j an d administer[ed] in a manner so as lo ensure that Federal fLmding is expended and associated programs urc implemented in foll accordunce with U.S. statutory and public policy requirements") and 200.3 I 9(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such us "fp)lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") --no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly sec out in 2 C.F.R. 200.3 l 9(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include moniloring ofsubrecipient compliance with this condition. 3. Allowable costs To the extent that such cosl5 are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions desii,'lled lo ensure compliance with this condition. 4. Rules of construdion A. Tl1c term "associate of tbc federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the foderal government--as an employee, contractor or subcontractor (at any lier), grant recipient or -subrecipicnt (at any tier), agent, or otherwise --in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf ol) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or lo provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrccipicnt at any tier, or any person or other entity, to violate any federal law, including any appli~able civil rights or nondiscrimination law. OJP FOltM 41l00i2 (REV . 4-88) 28 © . . Dcpar1ment ofJus lice (DOJ) Office of Jus tice Programs Bureau of Justice Assistance .. -------~ ------ PROJ ECT NUMllrn 202 <l -V O-IJX-1 823 AWARD CONTINUATCON SHEET Grant AWARD DATE 06/11 /2020 SPECIAL CONDI710NS PAGE 9 OF 16 1-1 . Rc qui rcr:1c nL' per mining lo pruh ibiied comlu c l rel a ted Lo tra flickiug in persons (in cluding re porting r•equi remcnts and OJP auth ority to 1em1inate award) The TL><:irient, am1 an y subrL'C ip icnl ("subgrsn tee ") at any tier. must comply with ull applicable requirements (including rcquircmc111~ to re port nllegnt ions) pertaining to probibi:c<l condu ct relat ed lo th e tra ffic king of person s, whether on the ll:lrt of recipienls, subr uclpic nts (".~ubgran tce.~"), or individual s de lined (for purposes of this condition) as "employees" o f lh ~ rec ip ien t or of any s ubrcc ip ic nt. The dclllils oft he recipient'~ obligations rcla1cd to prohibited C<>nducl re lated 10 lrafficking ln persons arc pos 1cd on th e OJI' w<:b site Ill h11p.-;://ojp.gov l fu11di1lg/Explore.ll 'rohibi 1cdConduct-Trnfficking.hlm (Awnrd condition : Prohibit ed conduct by rccipicn 1s ond sub recipienls rela 1cd 10 trafficking in persons (inc luding reporting n:quiromen ri; and OJP au1hority 10 1ermin11te awnrd)), o.nd arc incorporated by referc ncch erc. 15 . Detenninalion of suitability to int eract with participating min ors SCOP E. This condition ap plies to this nwnrd if il is i ndicated·· in th e application for Inc own rd (as approved by DOJ)(or in the applic a lion for any subuwnrd, at uny tier), lhc DOJ fitn ding unnouncemen l (solici lntio n), or an nssocl atcd federal st8tute -·that a purpose of some or all oi rhc nc1ivlt'ics to be carried oul unde r the award (whether by th e rec ip ie nl, or u subrecipicn t al any tier) is lu ben e lil a sel of individuals under 18 )'e1l!S of ugc. T he r ec ipi~n l , a nd an y s ub rcdpicnt at any ti er, mu s t make determinations of suitability b efore certa in indiv iduals may inter n.c t with participating minors . This requirem ent ap r lies regardl ess of an individual's employment status_ The detail s of thi s requ ireme nt arn 1ic1s1cd on tht< 0.11' wet> sit e al hltp ~:f/ojp.gov/11.md ing/Explo re/Interact-Minors.htm (Awa rd cond iti o n: Dc1crmi nation of suitab ility required, in ad vance. forcenain indiv iduals wh o may interact with punic ipaling mino r:s). and are in corporutcd by rcforeocc IH:re. 16 _ Complim1 cc with applicable rules regarding a pprn val, planning, and reporting of conferenc es, meetings, trainings , und other oven ts The recipient, and ~ny sub rcdpicnt ("subgrant ce") nl any lie r, must com ply wi th :di npplic:tblc laws, reg uJa1io ns, policie.~. :md ofTic ial DOJ guidnnce (including s1w.:!tic cost Jimi1s , prio r a p proval and reporting require ments, where app lic11blc) gov~ming the use of fcdcrdl fu nds fo r expenses reln1cd to conforonccs (o.~ 1h01 tenn is defined by OOJ), incJudi11~ the provisio n o r fooc.I 1md/1Jr b eve rages at suc h ronferences, and costs o f attendance at such conference s. !nformalior1 on the pertinent DOJ definition of conferen ces and the rules appli cable to I his award nppears i o 1he DOJ Grants Financi a l Guide (currently, as section 3. 10 of "P os rn ward Req uirement s" in ihe "DOJ Grants Fi nanci al Guide"). 17_ Requi re ment for dal a on per fo rmanc e and effectiveness under the award The recipient mus1 col!ccl :ind maintain d311t lhut m cu~u r c the: perfonnance an d effectivenes s of work under this aw urd . l'h,; tl :Hn mus! h~ providc<l 10 OJP in the mnnaer (including wi thin the tirn c fi-a mc:;) ~pcclficd by OJP in lhe program solicitution or olhcrhppl ic.ibh: wriu~n guidance. D:illl collcction support s comp li an ce with the Govern ment Performance nnd llesulL~ Ace (GPRA) am,! lhc Gl'RA Mod emizalion /\ct of2010, and oth er applicable laws . 18. ()J P Trai ning Uuiding Prin cip les /\ny training or lr:iining materials that the recipient --or any subrecipient ("sub grantcc") al any tier --develops or deli vers wi th OJ I' aw ard fund s mu s t adl1 ere lo !h e OJP T rainin g Guiding Principles for Grantees and Sub grantees , avai la ble at http s:/lojp .govlfundin g/lmplcment/TrainingPrinciplesForGranlees-Subgrantees .htm . ------------- OJP FO RM 400012 (RE V . 4-88) 29 @ "" . . Department of Justice (DOJ) Office o,fJustice Programs Bureau of' .Justice Assistance AWARD CONTINUATION SHEET Grant PAGE IO OF 16 PROJECT NUMBER 2020-VD-BX-1H2J AWARD DATE 06/l l/2020 SPECIAL CONDITIONS i 9. Effoct of failure to address audit issues The recipient nndcri>tnn~s and ug ret:s thnt 1hc OOJ ewarding ngCJ1cy (OJP o r OVW, ns np proprinte) mny withhold award limd~. or may impose other related requ irement , if(ns dctennincd by the DOJ awarding agency) the recipient docs nllt sa1isfoctorily and promplly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the tcnns o f th is award), or 01her ouistanding issucs ·thot arise in connection with a u diL~. investigations, or reviews ofDOJ awards. 20. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ nwarding agency (OJP or OVW, as appropriate) during the period ofperfonnance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 21 . Compliance with DOJ regulalions pertaining to civil rights and nondiscrimination -28 C .F .R. Parl 42 The rncipient, and any subrecipient ("subgrnntee") at any tier, must comply with all applicable requirements of28 C.F .R. l'art 42. specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunity program. 22. Compliance wilh DOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 54 The re ci pient, and any subrecipienl ("subgranlee") at any tier, must cumply with all applicable requirements of28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 23. Compliance with OOJ regulations pertaining to civil rights and nondiscrimination -28 C.F.R. Part 38 'The recipient, and any s_ubrecipienl ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable frum time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious beliet; a refusal to hold a religious belief, or refusal lo attend or participate in a religious practice . Pmi 38, currently, also sets out rules and requirements that pertain lo recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as mies and requirements that pertain to recipient.1 and irnbrecipicnts Uiat arc faith-based or religious organizations. The text of28 C.F.R. Part 38 is available via the Ek:ctronic Code of l'ederal Regulations (currently accessible at https:/lwww .ccrr.gov/cgi-bin/ECFR?pagc~browse), by browsing to Title 28-Judicial Administration, Chapter I, Part 38, under c-CFR "current" data. ------------ OJI' FORM 400W2 (REV 4-88) 30 -· ----. ----·-----·---------- © . , Department of Justice (DOJ) Office of Justice Programs Ilurc:rn of .Justice Assistance Pl\OiECT NUMAER ~020-VD-flX-18?.3 AWARD CONTINUATION SHEET Grant AWARD DATE 0611112020 SPECIAL CONDITIONS 24 Restrictions on "lobbying" ------------· -- PAGE 11 OF 16 In genernl, as a matter of federal law, federal liinds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be ex ceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by Jaw.) Another fed ernl Jaw generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecip icnt at any Lier, to pay any rcr.~on to influence (or attempt to influence) a federal agency, 11 Member of Congress, or Congress (or an official or employee of any of them) with respect lo the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or wilh respect to actions such as renewing , extending, or modirying any such award . Sec 31 U.S.C. 1352 . Certain exceptions to thi s law appl y, including an exception that applies to lndic.n tribes and tribal organizations. Should an y question arise a.~ to wh ether a particul ar use of federal !Unds by a recipient (or subrccipicnt) would or might foll w ithin the sc o pe of"lhese prohibitions, the recipient is to contact OJP for gu idance, and may not proceed without the express prior wrilten approval ofOJP. 25 . Compliu ncl! with gcncrnl uppropriati ou.'>-luw rc>trktions on th e use or fo dcru l fu 1tds (FY 2020) The re<;i pi cnt, and any ~ubrecipicni ("~u bgran lec") at any ti e r, must comply with all applicnblo restric ti ons on th e use of fede ral fu nds s~t out in fe deral appropnnlions statutes. Pertincm res tric tions that may be se t ou t in a pp licnb le appropriations acts arc ind icn te d at https ://ojp.govl funJing/Ex pl ore/FY20ApproprintionsReslric ti ons .htm, and :i re incorp orat ed by reforenc e here . S ho uld u qu.:.s ti on urisc ns to whe ther 3 particular ure o r (cdern l fu nds by a recipient (or a subre cipicnt) would or might fall w ithin the scope o f an appropriation s-Jaw i esrric ti o n, th e reci pient is to contact OJP for gui dnrn:c, and may not proceed without the express prior written approval of OJI'. 26. Repo1ii11g potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrcc ipicnts ("subgrantccs") ar any tier. must promptly refer to the DOJ Office of the Inspector (jcncr:tl (Cl!G) :toy i;redible evidence that a principul, employee , ugent, subrecipient , con tractor, subc onlrdc lor, or other p e r ~on h as, in con n ~c tion with 11nds under this uw nrd--(1) submi tted a claim that violates the False Claims Act; or (2) .:ommtl tcd a crimi nal or civil v1ola1io n or laws pennining to frm.1 d , conflict of interes t, bri bery, gra tuity, or s imilar mi sconduc1. Polcnti:;I lf~ud. was te, abuse , or miscondlicl involving or relating to li.Jnds under this award should be reported to the OiG by·-( I) confine submission accessible via the OIG wcbpugc at h11ps://oig .juslicc.gov/hotline/contact-grunts.htm (s elect "Submit R ~port Online"); (2) mai l direct~d to: U.S. Department of Justice, Onice of the inspector General, lnves:igation> Division, A TIN: Grnntcc Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimil e directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional infomrntion i1l available from the DOJ OIG website at https://oig.justice.gov1l1otline . OJ P FO RM 4 01lOn (HF V, 4 -XX ) 31 © . . . peparlrncnt of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF IG ! --'--------- PROJEC'f NUM!JER 2020-VD-llX-1823 AWARD DATE 06/J 1/2020 SPECIAL COND!TfONS 27. Restrictions and certifications regardiog non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or othetwise restricts, or purports to prohibit or restrict, the reporting (in a<:corclnnce with law) of waste, fraud, or abuse lo an investigative or law enforcement representative ofa federal department or Agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements aµµlicable to Standard Form 312 (which relates to classified infom1ation), Form 4414 (which relates to 'eu,ilivc eu111pa1l111e11leu iufotJJJatiuu), u1 auy ull1t:1 frJ1111 i•,ueJ by a fod~rnl dcpartmc 11 t or agency governing the nondisclosure of classified infom1ation . l. In accepting this award, the recipient-- a. represents that it ·neither requires nor has required internal confidentiality agreements or statements from employees or contracton; that currently prohibit or otherwise currently restrict (or purport lo prohibit or restrict) employees or contractors from reporting waste, fruud, or abuse as described above; and b. certifies that, ifil learns or is notified that ii is or has beeu requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraucl, or abuse as de~cribcd above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. Iftbe recipient does or is authorized \mder this award to make subawards ("subgtants"), procurement conlracts, or both-- a. it represents that-- (I) ii has determined that no other entity that the recipient's application proposes may or will receive award funds (whether tbroL1gh a subawurd ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, !'raud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an (tdequate factual basis, lo support this representation; and b. it ~erti fies that, ifit l~ams or is notified that any subrecipient, contrnclor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors lo execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, i l will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or pem1it resumption of) such obligations only if expressly authorized to do so by that agency. OJI' FORM 4001112 (REV. 4-8H) 32 © . . . Department of Justice (DOJ) Office or Justice Programs Bureau of Justicr Assistance AWARD CONTINUATION SHEET Grant PAGE 13 OF 16 l'ROJJ::C'I NUMBER 2020 ·YD·BX 1823 AWARD DATE 06/t l/2020 SPECIAL COND/110NS Compliance with 41 U.S.C. <.1712 (including prohibitions on reprisal; notice to employees) The rt;cipi cnl (and any subrecip icnt at any tier) must comply with , and is subj ecl to, all applicable provisions of4l U.S C. 47 12, including nll npplicnble provisions that prohibit, under spec ified circumstances, discrimination against an emplo yee as reprisal for the employee's disclosure of infom1ation related to gross mismanagement of a federal grant, a gross waste nf Fed eral funus, an abuse ofautlwrity relating to a foueral grant, a substantial and specific danger lo public health or s<Jfcl y, or u violation of law, rule, or regulation related to a federal grant. The recipient also mu>t infom1 its employees , in writing (and in the predominant native longuagc of the workforce), or· c1np loyce rights and remedies undcr41U .S.C.4712. Shou ld a question ari~e as to the applicability of the provisions of41U .S.C.4712 to th is award, \he recipient is lo conlacl the DOJ awarding agency (OJI' or OVW, as appropriate) for guidance. 29 . Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 20 09). DOJ c n ~o u rngel' reci pic nlS and ~ub r ccl picnts ("s ub gruntces '') to adopt and enforce policies banning e mp loyees fr vm text messu g ing while dri vin g any vehic le du ri ng lhe co uio e of per fo rming work ru 11ded by this award, ond to estnbl i$h workpl :i.ce.b11fcty polic ies and conduct educat io n, awarcncr , a nd o ther u ulre<1ch to decrease crasheo; eausl'<l by distracted drivers. \0. Requiremenl LO di ~clnse whether recipient is designated "high risk" by a federal grant-making agen cy outside ofDOJ LI" the rct:ipoem i.s dcsii:, altd "high ri>k" l1)', l'ed.:rn.I grant-making ngency ouL~i dc uf DOJ, cu rrently or a t uny time tluring rh course of the r~riod of pcrl'omia 11cc ondcr thi. awa rd, [hl.l recipi e r11 mu.~t d isc lo5C that fao t nnd ccrtnin rdat ~d informullun llJ OJf' by cm, ii nl OJ P .Co 111pli11nci.:R ~porl i n g@oJp.us doj.g o v. For purp ose of1hi;; di sclos ure . high risk inch 1 tfo.~ any ~mm~ u~rl ~r whic h u fc tl crul nwurdi ng ugcncy provide~ :i ddi tio n:i l ove rsight d ue to th e recip ient's p!lS t pcrfommncc . o r othe r programmatic o r linnnci .d concerns with lhe recirient. 111e recipient's disclos ure must incl ude lhe rollowing : L ·111c federal u.warding age ncy that currently ue:;ig1wle,; the rcci pienl high risk , 2. Th<: <late the r~cipicr11 w as dcsi gnaccd high risk, 3. Th e high-risk point of contact. at that federal nw:ml ing agency (name, phone number, and t:mail autlrc ss), and 4. The reasons Car the high-risk stulus, us set out by the federal awarding ugcncy. :l 1, Signing Authority This award must be si i;ncd by an au th orized offi cial of lh c applicant S1 aie, loo:n!. or lribn l government , on behal f ofth ut nrplicant Stntc, unit o f loca l gov~mmcn l, or Trib ::, un lc~ the appl ic nnt designates an o rgan iza1ionnl uni t Lo appl y on !ts behalf. For .:xn mple, if des ignat ed by n unit ofloca l gove rnment, a Police De pa rtm ent o r Shc1i frs O ffi ce (or si mi lar ngc ncy) 111ay -:i 1iply on be hal f of the npp licant juris dictio n, us lo ng as lhe dc pnrt me11 t office. or agency is list ed ~ tb e organizational unit o n the Sr -4 24, In l/l at ca e, the ht-ad o f th e de,;ign atcd orgnn iza lio nnl un it (such as a Po li ce Chief or Sherin) may sign the awa rd. Doc urn cnt.u!io n of th e dcs ignul iun by tbe app rupr l~1¢ go v cmi11~ body must be ret:iincd by the granl recipient. Th.: "llmcrg.c ucy App ropriations fo r Co rornwims Hcaltb Respm 1s eand Agency Op era tions" la w (Pub lic La w 11 6-136) inclu d<.'S deiinl tio n ', repnn ing req uireme nt s, an d certain o th e r pm vi~i ons 1hm apply (wh ether in whole or in part) to thi s awa rd . In addition, co nsi:tc nl wilh 1he CESF l'r ogrnm·~ pu rp oses, whi ch inv olve pre pa ring for , prcvcoting, nnd rc~pu 11 t.li11g lu tl1 .: coronnvinos n :iti on ~I cm i;rge ncy. OJI' wi ll prov i d ~ not ice 1if any addi tio na l CE SF progrum-spcc ific gr.mis m1n1l nls trnri vc rcq11ircmcn r ~ on un uw:ml pugc, accc~~i bl c at hnps ;//www .ojp.gov/fo n di n g/c,~p l orc/CES l' program-spccilic-.:ondltion, that i ~ incorpora ted by re fe rence here. OJP FORM ~00012 (REV . 4-88) 33 © . ' , . Department of Justice (DOJ) Office of Justice Programs Bureau of .Justice Assistnncc AWARD CONTINUATION SHEET Grant PAGE 14 OF 16 PROJEC f NUMBER 2020-VD·BX-1823 AWARD DATE 06il 1/2020 SPECIAL CONDITIONS 33. The recipient agrees to comply with ()JP grant inoniloring guidelines, protocols, and procedures, and lo cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or sile visits. The. recjpient agrnes to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documenL1. railurc to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOT awards, including, but not limited Lo: withholdings and/or other restrictions on the recipient's access to grant funds: referral to the Office or the [nspectm' General for audit review; designation of the recipient as a DOJ High Risk grantee; or tcnnination of an award(s). 34. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirement> to report first-tier subawards ("subgrant>'') of $25,000 or more and, in certain circumstances, to report the names and total compensation of the live most highly compensated executives of the recipient and first-tier subrccipicnts (first-tier "subgrantces") of award funds. The details of recipient obligutions, which derive from the Federal Funding Accountability and Transparency Act of2006 (FPATA), are posted on the OJI' web site at hltps://ojp.gov/funding/Explore/FPATA.hlm (Award condition: Reporting Subawards and Exccuti vc Compensation), and are incorporated by reference here. This condition, including its reporting requirement, docs not apply to--(I) an award of less than $25,000, or (2) an awnrd mauc lo an imlividual who rcccjv<'<l the award as a natural person (i.e., umclated Lo any business or non-profit •.11ganization that he or she may own or operate in his or her name). :i5 . Required monitoring of'subawards -1 he recipient must monitor subawards under this award in accordance with all applicable staoltcs, regulations, award conditions, and tbe OOJ Granls Financial Guide, and must jnclude the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight ofsubrecipicnt spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. 'Ihe recipienl agrees Lo submit, upon request, documcntulion ofit.s policies and procedures for monitoring ofsubawards under this award. 36. Use of prograin income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Pait 200 Uniform Requirements. Program income eaniings and expenditures both must be reported on the quarterly Federal Financial Repon, SF 425. 37 . Justice Information Sharing Recipients arc encouraged to comply any informnlion-sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrccipient at any tier) is encouraged \cl coni(inn t<l the Global Standards l'Gckage (GSP) and all constituent elements, where applicable, as described at; hctps://it _ojp .gov/ gsp_grnntcondition . The recipient (and any subrccipient at any tier) must document planned approadies to infomrntion slrnring and describe compliance with the GSP and appropriate privacy policy tl1at protects shared information . 38 . Avoidance of duplication of nelworks To avoid duplicating existing networks or IT systems in any initiatives fonded by BJA for law enforcement infonnation sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent 11rJssibk, ~xl:::ti11g 11etwo r1c-; as t1H~ t:omm1!,;ication backbone to ach~cve ink rstate connectivity. 0 if l'ORM 4(100/2 (REV. 4-88) 34 ,----- '1 @· . . _ Department of Justice (DOJ) Office of Justice Programs . r !I..., . .~ 'Ilnreau of Justice Assistance AWARD CONTINUATION SHEET PAGE t5 OF 16 ........ · .. Grant .. PROI FCTNU.\'fUER 2020.vo.uX-i823 AWAIW DAHi 06/J 112020 ------------------- SPEC/A/, CONDITIONS 39 . Compliance with National En vironmental Policy Act and related statutes Upon requesi, the reciµient (and any subreciµienl at any tier) mus t assi st BJA in comp lyi ng wi th th e Na tional Environmental Policy Act (NEPA), the National Historic Preservation Act, and orhcr n::ln tcd federa l cnvironmom al impact analyses requirements in th e use of these award fond s, eit her di re ct ly by 1hc recipient or by a sube<:cipient. Accordi ngly, the recip ie nt agrees lo first determine if any of the following activities will be funded by the grant , prior to obli ga ting funds for any of Lhesc purposes. lfil is det ermined that any of the following activities will be funded by th e awarJ, the recipient agrees to contac t BJA. The rec ipient unJcrstands th at this con<litiun applies to new acti vit ies as set out below, whether or not I.hey are being specifically funded with these award funds. Thal is, as long as the activity is being conducted by the recipient, a s ubrecipient, or any third party, and the activity needs to be und ertaken in order 10 use these award fund~. thi s condition must fir st be met. The activiti es covered by thi s condition urc: a. N ew construction; b . Minor renovation or remoJeling ofa property located in an environmentally or historic a lly sensitive area, in clu ding properties located with in :i IOO-yeal' flood plain , a wetland , or habitat for endangered species, or a property li~tcd on or eligib le fo r listing on the National Register o r Historic Plnccs; c. A renovation, lease. or any proposed u~e ofa building or fn eility thnt will cilhcr (a) rusull !n a change in its bnsic prior use or (b) signilican!ly ch11nge its si-ze: d . Jmplcmcnlation of a new program itwolving the u c o f chem icals other lhon ehcmicols th at 11 rc (a) p urchased ~sun inci dental component ofn funded activity and (b) tra ditionally used, for example, in office, household , rccrcJt ional, or education envi ron ments: and e. Implemen ta tion of~ program re lating to clande stine mc thnmphctnminc la boratory operations, including the id entificati on, seizure, or closure f clandesti ne mc tlmm phctamine laborutocii:s. The recipi en t understands and agrees that complying with NEP A may requ ire the preparation of an Environmental Assessment andi or an Environmental Impact S takmcnt. as dir ec ted by BJA. The recipient further understands and ag rees t·o th<: requirem,,11ts for implc mcntatiun of a Mitigution Plan. us deia ikd ;it llltp s:// bju.gov/ Funding/ n~pa.html, fo r pro grams relat ing to mct hamphetam ine laboratory operations. Application of This Condition to Recipi ent's Exist in g Prog rams or Activi!I~: Fo r any of the rccipi cut's or it s subr ~cipients' ~)(i~1ing progrums or activitiui; th ut will be funded by thc.~c nw:ird fund s. the recipient, upon spec ific reque s t fr om BJA, agrees 10 e oop~mtc with BJA in any prepnrntinn by l)JA ofa muional o r program environmen tal ass essment oftlrnt funded program or activity. 40. Establishment of interes t-bearing account If award fund:; arc being dmwn down in advance, the recipient (or a subreci p ic nt, wil h respect lo n sub:iward) 1s requ ired 10 eswblish an intt1res 1-beari ng accou nt dedicated s pecific:11ly to this awa rd . R~cipienls (:i nd subrecipi enrs) must mainlllin advance puymcnt.s of federal owards in intcrc~t-bc:n rl ng uccounts, unlc. rcgulmory exclusions a pply (2 C.F.R. 200.'.10.S(b)(S)), Thi. \IWUrd fun d -, including nny inleres1, rnay no t be used to pay debts o r e~p1::nses incurred by mhe; ~cl i vities beyond the scope of the Comnllvi n1R Emergency Sup11lcmcn tal Fundi ng (CESF) program . The recipient also agree s to ubligalc the award funds in the ac,:ount(i11duding any interest earned) during the period o i'performance io r the awnrd an d expend within 90 dnys !hereal'ter. Any unobligatcd or unexpended funds, including int e1est earned, mtist be re turned to OJP at the time of closeo11t. <1 I. Exµc::nd ilures requ irini; prior approval No f't1nds under this award may be exp~nded on individual items costing $500,000 or more, or to purchase Unmanned /\eri:tl Sys te ms (lJASl, U nmnnn~d Aircraft (UA ), anlVo r Unmunnt:d Atrial Veh icle s (UA V) without prior w ri tten ~p p rovnl fro m IHA . Prior npproval must be obto ined posl ·awllrd. through th e submission and approval ofa Grant Adjustme nt Notii:c (G AN ) lhrough OJP ' Gr-Jill Marlugcmcnt 'ysi.<rn (GMS), ---------- Oil' i·ORM 40!111!2 (REV 4-K8) 35 ------------- @ . . I . Department of Justice (DOJ) Office of Justice Progrnms Bureau of .Justice Assislance A WARD CONTINUATION SHEET Grant PAGE 16 OF IG PROIEC C NUMi;ER 2020-VD-BX-1823 AWARD DATE 06/1112020 SPECIAL COND!710NS 42. Authorization tu obligate (federal) award funds lo reimburse certain project costs incurred on or after January 20, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum--(I) the recipient makes a valid acceptance 9fthc award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, ex.pending, or drawing down all or a portion of the award funds until lhe condition is removed.) Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use awa rd funds t(1 "supplanl" State or local funds. ~3 . Use of' !'unds fot · DNA testing; upload uf DNA profiles l[ r.ward funds are used for DNA testing of evidcntiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("COD IS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non- governmental DNA database without prior cxpr~ss written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 44. Body armor -compliance with NU standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found lo comply with applicable National Institute of Justice ballistic or slab standards and is listed on the NIJ Compliant Body Armor Model List (hltps://nij.govltopicsltcchnology/body-annor/Pages/compliant-ballistic-annor.aspx). In addition, ballistic- resi:itant nnd stab-resistant body amior purchased must be made in tbe United States and must be uniquely fitted, as set forth in 34 U.S.C. I 0202(c)(l)(A). The latest NIJ standard information can be found here: hltps:/ I nij .gov/ topics/ technology/ blldy-annor/ pages/ snfety-initiative.aspx. 45. Missing Attachment: Disclosure of lobbying The recipient must complete a Disclosure of Lobbying Activities (SF-LLL) fonn, and submit it to the grant manager for this award. Award closeout will not be possible until OJP has issued a Grant Adjustment Notice to remove this ~pcciul comlition. 46. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) infom1ing the recipient of the approval. 47 . Missing Attachment: Financial Capability Questionnaire The recipient musl complete a Financial Capability Questionnaire, and submit it to the grant manager for this award. Award closeout will not be possible until OJP has issued a Grant Adjuslm~nt Notice to remove this special condition. OJP FORM 4000i2 (REV 4-88) 36 Department of Justice (DOJ) Office of Ju s tice Programs Bureau of.Justice Assistance Washington, D.C. 10531 Memorandum To: Official Grunt File From: Orbin Terry, NEPA Coordinator Subject: Ca tegorical Exclusion for City of Federal Way The Coronavirus Emergency Supplemental Funding (CESP) Program allows eligible states, local units of government. an d tribes to support a broad range of activities including preventing, preparing for, and responding to the coronavims. All recipients ofCESF funding must assist BJA in complying with NEPA nnd other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used direct ly by the grantee or by a sub-grantee or third party. · BJ A's expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (I) New conslnicci on (2) Any renovulion or remodeling of a property loc ated in an env ironmentally or his toric a ll y sensitive area, including property (a) listed on or eligib le for listing on the 'l/abonal Re g iste r of His toric Places, or (b) located within a 100-ycar flood plain, a we tl and or habitat for a n endangered species (3) A renovation that will change the basic prior use of a facility or significantly chan ge its size (4) Research and te chnology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Conse quently , the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations . ff. however, award funds are proposed to be used for any of the e numerated projec ts or ac tivities above, grant recipient~ must contact their grant manager, and receive written approva l prior to commencin g that project or activity. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for BJA. 37 ---------- Department of Justice (DOJ) Om cc of Jus tice Progroms Bureau of Justice Assistance GRA NT MANAGER'S MEMORANDUM, PT. I: PROJECT NUMilF.R 2020-VD-BX-1823 PROJECT SUMMARY Grant PAGE I OF I This projec\ is supported under l'Y20(BIA -CESF) Pub L. No . l 16-136, Div. B; 28 U.S.C . 530C I. STA['F CONTACT (Nome & telephone number) Jeffrey S. Felten-Green (202) 514-8874 h . Tlfl.EOFTHEPROGR1\M BJ/\ FY 20 Co1 onavirns Emergency Sl1pplemen1al Funding Progr21rn 2. PROJECT DIRECTOR (Name, address & 1elephone number) Kurt Schwan Commander 33325 8th Avenue South ~edcral Way, WA 98003-6325 (253) 835-6875 Jb. POMS CODE (SEE INSTRUCTIONS ON REVERSE) ------·-· ----------·------ 4. TlTLE or l'ROJECT City of Federal Way's COV!D-19 Response -------------------~-------5. ~;AME & ADDRESS OF GRANTEE City of Feciernl Way 33)25 8rh Avenue South Federal Way, W i\ 98003-6325 6. NAME & ADRESS or SUBGRANTEE --------------·---------- 7. PROGRAM PEIUOD FROM: 01/20/2020 TO: Ol/31/2022 9. AMOUNT OF A WARD $ 132,455 11. SECOND YEAR'S BUDGET ----------· ----13. TlllRO YEAR 'S BUDGET PERIOD I 5, SUMMARY DESCRIPTION Of PROJECT (Sec instruction on reverse) 8. BUDGET PERIOD FROM: 01120/2020 10. DATE OF AWARD 06/11/2020 TO: Ol/31/2022 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNr rhc Coronoviru,; Emergc11cy Sllpplcmcntal fonding (CESF) Program allows States, U.S. Territories, the Districroof Columbi•, units of local government, and federa lly tocogni zcd lrib nl go>vomments to su 1iporl o brlllld run1tc of,ct ivi tics to prevent . pre pa re fo r, and respond to thccoronavim s. Fu nded projec ts or ini tiati ves '""Y include, but ore not limited lo. overtime, c quipmonl (i ncl ud ing lnw cnforccmc nl on d inedico l per.onal protcctivc cqqi pm Cll l), hiring , wpp llcs {such as glovois, rnnsks, snniti~.<:r), train in&, trave l expenses (p orticn lnrl y rcloml 10 th e d"'tribu tion of rcsouroes 10 tho most im)lllcted areas), no d oddicssf ng tl1 0 mcdk.•I ne eds of inmuJi;s in s:ate. locul, and tribal prjsons, ja.ils1 and delention centers. NCA!NCF OJP r-DRM ,IOQ0 /2 (R: :v 4-88) 38 COUNCIL MEETING DATE: October 20, 2020 ITEM#: ----- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM (VNET) I U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) TASK 'FORCE AGREEMENTS. POLICY QUESTION: Should the City of Federal Way I Federal Way Police Department enter into an Agreement with the US. Department of Justice, Drug Enforcement Administration to continue efforts to stop the trafficking of narcotics and danKerous drugs in South King County? COMMITTEE: PRHS&PSC CATEGORY: IZJ Consent D City Council Business Attachments: I. PRHS&PSC Staff Memo D Ordinance D Resolution 2. Drug Enforcement Administration MOU 3. State and Local HIDTA Task Force Agreement MEETING DATE: Oct. 13, 2020 D D Public Hearing Other- DEPT: Police Department 4. U.S. Department of Justice -Certifications Regarding Lobbying; Debarment, Suspension and Other Re s ponsibility Matters; and Drug-Free Workplace Requirements. Options Considered: I. Accept the DEA MOU, State & Local HIDTA Agreement & Certifications 2: izej~~t t!~e DEA MOU State & ~ocal HIDT r\ Agreement &_C_e_rt_ifi_1c_a_ti_o_n_s ___________ _ MAYOR'S RECOMMENDATION: Option 1 DIRECTOR APPROVAL: '3/~C) #-71/•.J/u. Init ial r MAYOR APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreements to the October 20, 2020 Council consent agenda for approval." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: ''! move approval of the Drug Enforcement Administration MOU, HIDTA Agreement and Certifications and betwe en the City of Federal Way I Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, and authorize the Chief of Police to execute said Agreements." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COllNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REV IS ED-4/2019 39 COUNCIL BILL # l 5T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA : FROM: CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT October 13, 2020 Parks, Recreation, Human Services and Public Safety Council Committee Jim Ferrell, Mayor Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team (VNET) I U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements Narcotics and dangerous drugs have a detrimental effect on the health and well-being of not only the Citizens in Federal Way, but all people throughout Washington and beyond. The US Department of Justice, Drug Enforcement Administration (DEA) formed a local Task Force to help stop the trafficking of narcotics and dangerous drugs. The Valley Narcotics Enforcement Team (VNET) was established to create and maintain a multi- jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. This Agreement designates the equitable sharing which the law enforcement participating agencies must acknowledge. The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on February 8, 2010 and FWPD entered into an Agreement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached agreements are a continuation of our efforts to control the trafficking of drugs. This Agreement is effective October 1, 2020 through September 30, 2021. 40 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1st day of October, 2020, between the United States Department of Justice , Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Federal Way Police Department (hereinafter "FWPD"). 1. The police agencies participating in the Seattle Enforcement Group D-20 Task Force, hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ") Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Auburn Police Department Federal Way Police Department Kent Police Department Renton Police Department Seattle Police Department Tukwila Police Department Washington State Patrol Contribution 1 TFO 1 TFO 1 TFO 1 TFO 1 TFO 1 TFO 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Paiiicipants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre-arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team 80% * The equitable sharing will b~ disbursed per the agreed upon MOU signed by all agencies participating in the Valley Narcotics Enforcement Team Task Force. 3. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Pai'ticipants ' shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre-arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of20%. 41 5. Participants further understand that the federal decision-makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: Keith Weis Special Agent in Charge For the Federal Way Police Department: Andy Hwang Chief of Police 2 42 Date: ------ Date: ------ HIDTA STATE AND LOCAL TASK FORCE AGREEMENT Valley Narcotics Enforcement Team This agreement is made this 1st day of October 2020, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Federal Way Police Department, ORI#WAOl 73600 (hereinafter "FWPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The Seattle Enforcement Group D-22 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover oper!'J.tions where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the comis of the United States and the State of Washington. 2. To accomplish the objectives of the Seattle Enforcement Group D-22, the FWPD agrees to detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years. During this period of assignment, the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The FWPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will assign three (3) Special Agents to the task force. HIDTA will also subject to the availability of annually appropriated funds or any continuing re elution thereof provide necessary fonds and equipment to supp01i the activities of the DEA Special Agents and FWPD officers assigned to the task force. This support will include: office space, office supplies travel funds fund for the purchase of evidence and information, investigative equipment training and other support items . 43 6. During the period of assignment to the Task Force, the FWPD will remain responsible for establishing the salary and bengfits, including overtime, of the officers assigned to the Task Force, and formaking all payments due them. HIDTA will, subject to availability of funds, reimburse the Valley Narcotics Enforcement Team "VNET" for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal . year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the Federal Way Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9 . The FWPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and re so 1 ved, or for a period of six ( 6) years after termination of this agreement, whichever is later. 10. The FWPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Paii 42, Subparts C, F, G, Hand I. 11 . The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061 /6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug-Free Workplace Requirements. The FWPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 44 13. The FWPD understands and agrees that HIDT A will provide the Seattle Enforcement Group D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-ups via the HIDT A lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD personnel, in addition to whatever accident reporting requirements the FWPD may have. 14. While on duty and acting on task force business, the FWPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 1 5. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDT A will be responsible only for obligations incurred by FWPD during the term of this agreement. For the Drug Enforcement Administration: Date: ------Name: Keith Wies Title: Special Agent in Charge (SAC) For the Federal Way Police Department Date: ------- Name: Andy Hwang Title: Chief of Police 45 ~~·., .~~:;~VI ;, .i~.I ....... U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulat ions cited below to determine the certification to which they are required to att est. Applicants should also rev iew the instructions for certification induded in the regulations before completing this from . Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the co vered transaction, grant , or cooperative agreement. 1. LOBBYING As reauired bY. SectLon 1352 Title 31 of the U.S. Code. and implemen ted at 28 CFR Part 59 .. ror Persons entering Into a grant Qr coope rative agreement ove r ;p1QO ,OOO . as defineo at 28 i:;FR Part 69 , the applR:ant certifies that: (a) No Federal approp riate runds have been paid or will be paid , by or on behalf of the undersigned, to any person for lnftuencfng or attempting to lnnuence an officer or employee of any agency, a Member o1 Congress . an officer or employee o f Congress. or an empto~e of a Member Qf Congress in connection with the making of any Federal grant, fhe ente ring i nto of an)I cooperative agreement . and exte nsion , continuation. renewal. amendmen t. or modification of any Federa l grant or cooperative agreement; (b) If any runds olher than Fed eral appropriated funds have been paid or wfll be o~id to any person for lnnuencing or attempt ing to influence an officer or e mRloyee 9f any agency , a Me1nber of Congress , an officer or employee 0.1 Congress 1 of an employee of a Member of Congress tn connection With lh s Fed eral gr.:int or co9perative agreem~t. the uridlerSlooed s ha ll comp ele and su Qmll Slanilard Form -LL, , "Di sclosure of Lobbying ActJvilles." tn accordance wlth its 1nstruct1o ns; (c) Th e undersigned sh a ll requ i re th at the language of this cer- tifica tion be include d i n the award docu ments fo r alrsubawards a t all ti ers !inclu din~sub g rants . contracts under g rants and coop erative aQ ree ents , and subcontracts} an d mat a ll sub- recip ients sh alr certi and disclose accordin gly. · As required by Execu ti ve Ord e r 12549, Debarment and Susoension.1and implemented att28 CFRt Prt 67, for oro~pectiye 1:1.a rtlc1oan1s n pn rnarv covere d ran sac ions, as det1neu at Zl:l CFR Part 67 , Sec tion 67.510- A. Th e app lica nt cer ti fie s tha t it and its pri ncip als : (a) A re not presently deba rre d, suspende d, pro posed for debar- ment. declared ineligible . sentenced lo a deni al or Federa l benefits by a Slate or Fede ral court , or vo lu ntari ly excluded fro m covered transactions by any Federal department or agency; (b ) Have not with in a three·year _period preceding this application oe en convicted of or had a civil Jl.Jdgment rendered again st them for commission or fraud or a crimin a l offen se In connection wtth ob taining . attempting lo ob ta in, or performing a public (federa.ti State, or JocaQ tran saction or contract under a public transaulon ; vi ola tion of Federal or State antitrust statu tes or commission of ~m bezzJement, theft fo rgery. bri bery , fa siflc.atron or destructi on of reco rds, ma~ing Talse statemen ts. or receiving sto len property; {C) Are not presen tlv Indicted for or otherwise c riminally or civilly C:t\a r~fld by a governmental entit y (Feder a l, State, or local) witfl com 1sslon orany of the offe nse s enumerated tn par agraph (1) (b) o this oerUficat 1on; and · (d ) Have not within a three-year perio d P.re ceding t his app l ication Flad one or more publi c trlm sactions (Federal. State, or lo ca l) terminated fo r caus e or defaul t; and B . Where the ~pplfcanl Is una ble to certify to any of the statements in t his certificatio n , he or she shall atta ch an explanation to thi s applicat ion . 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As req uired by the Dru g-Free Work pla ce Act of 1988, and i m12lem enled al 28 CFR Part 67 , Sutj part F, for gra ntee s. as defined al 28 CFR Part 67 Sections 67.615 and 67 .6 20- A . The applica nt certi f ies that it will o r will continue to provid e a drug -fre e worl<pla ce oy : (a) Pub/ishin o a sta tement notifvin~ employees t hat the unlawfu manufacture , distri bution , llis en sing , p ossession . o r use or a controlled subs tance is p ro ibitea in the Qrantee's woikpl ace and siiecifying the actions that will be ta ken aga inst em ployees for violation or such prohibition ; (b) EstablishinQ an on-going drug-free awareness program to inform emp1oye-es about- (1) The dangers of drugs abuse in th e workplace; (2) The grantee's policy of maintaining a drug-free workplace ; 13) Anv available drug co unse ling , rehabi li tat ion, and employ ee ass istance program s;<ind (4) The penaltie s that may_ be impo§~ up on employees for drug at:!use vro 1at1ons o ccurring in the wo1 .Cplace ; (c) Mak i ng It a requi rement that each employee to be enQaQed in fh e i;ie rform an ce of the gra nt be given a copy of the sfatement requ·1red by pa ragraph (a ); (d) No tlfv lnq the emp loyee in the statement required by QaraQraoh (l'i) that, as a condit ion of employment under the granr, 46 the employee will- (1) Abide by the terms of the statement; and (2) No llfy the employer in wliting of his or her conviction for a violation of a crim1na drug statute occurring in the workplace no later than five calendar days after such conviction; Ce) Nqlifying the agency , In writing, within 10 c;:ilendar days after lecei ving rfollce under subparagraph (d)(2l from an ernplogge r otherwise receivin actuar notice of uch col']vl Ii n . ~mr;>[oyers of convicted ~mployees must proviJe_ooUce, 1nc;lu ing Qos1Uon titlehlo · Department of Justice, Office of Justice Pro rams , A : ontrol Desk. 633 India a Ave ue , N.W .. Wa~h l ngton, .~. 28531 . Notice shall inclu~e the ~ent11icat ion number\s) or each affected grant; (f) Tak ing one of the following actions . within 30 calendar aays of receiving notice L!nder suQoaragraph (d)(2), with respect lo any employee who 1s so conv1tted- (1) TaK l ng appr opriate personne l action against such an employee , up to and I ncluding termi natio~ cons i stent with the requ irements or the Rehab ili tation Act of 19 r 3, as amended; or (2) Requ ir ii:ig such emp loyee .lo participate salisfactorllv i n a drug ati use ass1slang:i or rehabil1 at1on prooram aP.proveel for sucl'i purµ,oses by a Federal. State, or local llealth, law enforcement, or other appropriate agency: (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. T he grantee may insert in the space provided below the site (s) f9r me performance of work done in connection with the s pec 1 fie grari t: · PlacE; of Performance (Street address, city, country, state, zip codeJ Seattle Enforcement Group D-22 300 5th Ave, Suite 1300 Seattle, WA 98104 Check r-if there are workplace on file that are not identified here. Section 67, 630 of the rei:iula!lons pro;i es that a grantee thal is a State may elecl to makt'! one cert1ncat n In eacti Federal fiscal year . A copy of w]i'ch should be incl ed with each appllca lion tor Department of l\.IStice rundinQ . tates and State agencies may elect to use 0 P Form 4061 n . Check r-if the State has elected to complete OJP Form 4061/7. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As requ ired by the Drug_-Free Wor~lace Act of 1988, and imP.lemented at 28 CFR -Part f,)7 , Sutioart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I wTI I not en!lage in the unlawfu l manufactur-e . distribu tl pn, disP.ens ing, po~ess1orih or use of a controlled substance 1n cond1t1on any acllv!ty wit the grant: and B . If convinced of a criminal drug offense resulting from a violation occurri ng during the condud of any grant activity , I will report the conv iclion , in writing , within 10 calendar oays of the conv i ction. to : Department of Just ice , Off ice of Justice Programs , ADN : Control Desk. 633 Indiana Avenue , N.W .. Washington, D.C . 20531. As the duly autholized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address : Federal Way Police Department 33325 8th Ave South Federal Way, WA 98003 2. Application Number and/or Project Name Seat t le Enforcement Group D-22 4 . Typed Name and Title of Authorized Representative Andy Hwang, Chief of Police -Federal Way Police Department 5. Signature 47 3. Grantee IRSNendor Number 6. Date This Page Left Blank Intentionally 48 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT (VIIT) POLICY QUESTION: Should the City of Federal Way I Federal Way Police Department enter into the Valley Independent Investigation Team (VJJT) Agreement? COMMITTEE: PRHS&PSC CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution MEETING DATE: Oct. 13, 2019 D D Public Hearing Other - STA_!:F R~PORT BY:J: YNETTE ALLEN, CHIEF'S OFFICE M_A_N_A_G_E_R ____ D_E_P_T_: _P_o_lic_e_D_e _pa_rt_m_e_n_t ___ _ Attachments: I. PRHS&PS Committee Memo 2 . Valley Independent Investigation Team Agreement (VIIT) Options Considered: I . Accept the VI IT Agreement 2 . _ ~e.je.ct ~lie.. Vl(T Ag1:e.~.n:ie.n!._ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the October 20, 2020 Council consent agenda for approval." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the VIIT Agreement, and authorize the Chief of Police to execute said agree111ent. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) cm:;-.;n1. .-\C:TION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -412019 49 COUNCIL BILL# 15T reading Enactment rending ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT October 13, 2020 Parks, Recreation, Human Services and Public Safety Council Committee Jim Fenell, Mayor Andy J. Hwang, Chief of Police SUBJECT: Valley Independent Investigation Team Agreement (VIIT) Financial lmpacts: Overall, there should be no negative impact to the City funds or to the police department's operation budget. There may be overtime involved in an investigation when the Federal Way Police Department investigates another agencies officer use of deadly force. Background Information: Several agencies; Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle created the Valley Investigation Team in approximately April of 2012. It was established so that South King County Agencies would not investigate their own officer's uses of deadly force. In 2019, the State of Washington enacted RCW 10.114.011 which requires an independent investigation to determine whether the use of deadly force meets the good faith standard established by Washington law. The Criminal Justice Training Center establishes criteria for the independent investigations. That criteria now requires agencies to establish independent investigation teams, and enter into written agreements to investigate police uses of deadly force. South King County Agencies have now renamed their team to the Valley Independent Investigation Team (VIIT). Each VIIT investigation would be handled on a rotating schedule among the member agencies, to ensure that the municipalities adhere to the Law Enforcement Training and Community Safety Act -Independent Investigation Criteria (LETCSA). 1 50 VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. RECITALS Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VllT"). VllT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VllT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019, the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC) to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VllT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VllT for the purposes of investigating uses of deadly force by their respective peace officers that result in death, serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers . This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW . 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VllT; provided, individual agencies may withdraw from VllT with reasonable notice, and the remaining VllT Member Agencies will continue to operate under this Agreement until such time as only one Valley Independent Investigations Team 51 Member Agency remains. The addition of a police agency to VllT, or the change in name of VllT shall not requi r e a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VllT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency . Each Chief shall have a vote in determining the organization and operation of VITI. The Executive Board has determined that VltT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board . The Organizational and Operational Guidelines may be amended from time-to-time by the Execut ive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Print Name : Date ----------- Chief, City of Federal Way Date Print Name: __________ _ Chief, City of Renton Date Print Name :----------- Chief, Port of Seattle Date Print Name:----------- 2 Chief, City of Des Moines Date Print Name : __________ _ Chief, City of Kent Date Print Name: __________ _ Chief, City of Tukwila Date Print Name :----------- Valley Independent Investigations Team 52 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY ,COUNCIL AGENDA BILL SUBJECT: RESOLUTION: POOLING FUNDING BETWEEN SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) CITIES RELATED TO AFFORDABLE AND SUPPORTIVE HOUSING -SALES AND USE TAX (RCW 82.14.540) AS AUTHORIZED BY SUBSTITUTE HOUSE BILL (SHB) 1406 POLICY QUESTION: Should the City Council adopt a Resolution to pool fund s collected in accordance with RCW 82.14 .540 with some, but not all other SKHHP cities? COMMITTEE: Parks , Recreation, Human Services, & Public Safety CATEGORY: D Consent D City Council Business D Ordinance C8J Resolution STAFF REPORT BY: Sarah Bridgeford, Community Services Manager Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed Resolution. MEETING DATE: October 13, 2020 D D Public Hearing Other DEPT: Community Development 2. Do not approve proposed Resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. COMMITTEE RECOMMENDATION: I move to forward th e proposed resolution to the consent agenda for appro val. 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: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinan ces only) REVISED-11/2019 53 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# DATE: TO: VIA: FROM: CITY OF FEDERAL WAY MEMORANDUM September 18, 2020 City Council Members Jim Ferrell, Mayor Brian Davis. Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: Resolution: Pooling funding between South King Housing and Homelessness Partners (SK.BHP) cities related to Affordable and supportive housing - Sales and use tax (RCW 82.14.540) as authorized by Substitute House Bill (SHB) 1406 Financial Impacts: Pooling funds with SK.BHP would be an efficient way to address housing needs while reducing administrative costs for the city. Background Information: RCW 82.14.540 (authorized by Substitute House Bill 1406) allows cities and counties to recapture a portion of Washington State sales tax to be used to support affordable housing. On November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorizes a recapture of Washington State sales tax to support affordable housing for those at or below 60% of the area median income (AMI). Specifically, the funds may be used in the following ways: • Acquiring, rehabilitating, or constructing affordable housing, which may include new units within an existing structure or facilities providing supportive services under RCW 71.24.385; or • Operations and maintenance units of affordable or supportive housing; or • For cities with populations less than 100,000, provide rental assistance. The legislation sets a cap on the maximum revenues any jurisdiction may receive per the state fiscal year (July 1 to June 30) based on fiscal year 2019, which ended on June 30, 2019. The Department of Revenue has calculated the maximum capacity (cap) of $125,065.50 annually for the City of Federal Way. SK.BHP was formed for the purpose of advancing affordable housing initiatives in South King County. Anticipated initiatives include assisting cities with comprehensive plan updates, data collection and housing trend analyses, and establishing a housing capital fund to support the purchase, rehabilitation, and/or development of affordable housing. 54 Rev. 7/18 An essential principle of the SKHHP Interlocal Agreement (ILA) is that the ten-member jurisdictions are better able to deliver successful outcomes by working collaboratively ~nd pooling resources. In support of this principle, the SKHHP Executive Board unanimously adopted Resolution 2019-06, which urges each member jurisdiction to pool funds collected under RCW 82.14.540 to a SKHHP Housing Capital Fund. The pooled funds have greater potential to leverage other public and private funds and will go further than the individual dollars collected by each city. Collectively, the revenues are estimated to exceed $1,000,000 each year for 20 years. On February 18, 2020, the City of Federal Way enacted Resolution 20-780 to declare support to pool funds by directing the funds received pursuant to RCW 82.14.540 to SKHHP, provided all other member cities also agreed to pool funds. While the majority of SKHHP member cities have pledged commitment to pool funds with SKHHP, two of the smaller cities have responded to the economic impacts of the corona virus pandemic by directing these funds to rental assistance. Due to the restriction in the City of Federal Way Resolution 20-780, this action prevents the City of Federal Way from directing its funds to SKHHP. The cities that have directed funds for rental assistance have done so on a short-term basis and expect to revisit the allocation of these funds. This has precipitated the need of a new resolution that will allow the City of Federal Way and other SKHHP member cities the ability to pool funds without having to create new resolutions any time that the percentage being pooled changes or specific cities need to withdraw either temporally or permanently. An interlocal agreement will be entered into by SKHHP cities agreeing to pool funds. It is anticipated that the interlocal will include details of how projects will be prioritized within the cities providing funds and include provisions for consultation with participating cities. If a city opts out of pooling, the interlocal agreement should provide additional details on how SKHHP will proceed. The interlocal agreement will be presented to City Council when ready. Resolutions in support of pooling funding are the first step in the process to establish sufficient commitment. Recommendation: Staff recommends the pooling of the City of Federal Way's funds with SKHHP and that the City Council approve the new resolution, even if all nine SKHHP member cities may be unable to commit to pooling all or a portion of their funds. The recommendation is based on the following: 1. A fundamental premise in the formation of SKHHP is the power of a coordinated effort and pooling ofresources. RCW 18.14.540 and Federal Way Ordinance 19-879 offer a unique opportunity to achieve the goals and objectives of SKHHP. 2. The majority of SKHHP cities remain committed to pooling funds. Those that have allocated these funds to rental assistance have done so as short-term decisions in response to the unforeseen impacts of the pandemic and these allocations will be revisited. 3. While not an insignificant amount of money, it will be difficult for Federal Way to 55 Rev. 7/18 use the estimate $125,000 per year to realize the intended uses of funds collected under RCW 82.14.540. 4. RCW 82.14.540 established administrative monitoring requirements for how the money is used. By directing funds to SKHHP, the SKHHP Executive Manager will be assigned the responsibility of fulfilling this requirement and the SKHHP Executive Board, including a City of Federal Way representative, will be involved in the oversight. 5. The cumulative funding level achieved by SKHHP cities pooling funds provides substantially more leverage for other public and private funds than the individual dollars collected by each city and collectively, these funds will make a greater impact · on the housing affordability needs in South King County. 6. While the economic impacts of the coronavirus pandemic have increased the need for rental assistance, using the funds for rental assistance poses a number of challenges. Additionally, other larger fund sources are being used to provide rental assistance in the City of Federal Way and with limited staff, staff recommends prioritizing the deployment of the larger fund sources rather than diverting staff to develop a new program including developing policies and procedures and roanaging the program internally. The proposed Resolution will supersede Resolution 20-780 and will enable the City of Federal Way to move forward with actions necessary to pool funds collected pursuant to RCW 82.14.540 with other SK.BHP cities. 56 Rev. 7/18 RESOLUTION NO. __ A RESOLUTION of the City of Federal Way, Washington, authorizing the Mayor to tr an sf er funds collected under the provisions of RCW 82.14.540 and City of Federal Way Ordinance 19-879 to the South King Housing and Homelessness Partners. WHEREAS, the 2019 State Legislature approved, and the Governor signed, the Laws of 2019, Chapter 338 (Substitute House Bill 1406), which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives; and WHEREAS, on November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorized a recapture of Washington State sales tax that is estimated to generate approximately $125,000 per year for the next 20 years; and WHEREAS, on February 19, 2019, the Federal Way City Council authorized the Mayor to enter into an Interlocal Agreement with eight other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, th.e executed Interlocal Agreement states that "the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King county is through cooperative action and pooling public and private resources"; and WHEREAS, all ten jurisdictions of SKHHP have taken action to enact the sales tax recapture provisions established in RCW 82.14.540; and WHEREAS, on November 22, 2019 the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06, attached as Exhibit A, which urges each of the member cities and King County to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540); and Resolution No. 20- 57 Page 1 of5 Rev 1/19 WHEREAS, if all nine cities pool the maximum extent of collected funds under RCW 82.14.540 to SKHHP, the estimated revenue would total approximately $1,000,000 per year for a 20- year period; and WHEREAS, funds may be used for the purpose of acquiring, rehabilitating, or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, cities that have a population of less than 100,000 may also use the funds for providing rental assistance to tenants, however, using the funds in this manner will require substantial administrative oversight with respect to preparing a program that requires city staff to review personal income information of individuals who request access to funds and the accounting and auditing the use of the funds; and WHEREAS, the City of Federal Way is projected to exceed a population ofl00,000 within the 20-yearwindow set forth in RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance; and WHEREAS, counties and cities that enact the provisions RCW 82.14.540 may issue general obligation or revenue bonds, and may use moneys collected for the repayment of bonds; and WHEREAS, on February 18, 2020, the Federal Way City Council adopted Resolution 20-780 that directed the transfer of funds collected pursuant to RCW 82.14.540 to SKHHP if all other member cities take similar action to direct a portion of their collected funds to SKHHP; and WHEREAS, in response to the coronavirus pandemic, some SKHHP member cities have directed funds to rental assistance, which prevents the City of Federal Way from directing its funds received pursuant to RCW 82.14.540 to SKHHP due to the restriction of Resolution 20-780; and Resolution No. 20-Page 2 of 5 Rev 1/19 58 WHEREAS, it remains the City of Federal Way's desire to appropriate and expend the funds allocated to the City under RCW 82.14.540 to SKHHP for use on capital projects that address housing affordability. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings. The administrative costs associated with managing a program that provides rental assistance to tenants combined with the annual reporting requirements established in Laws of2019, Chapter 338 are likely to exceed Federal Way's estimated revenue collection. While $125,000 is a valuable revenue stream that can be used in Federal Way to support various affordable housing initiatives , a contribution to SKHHP will allow the use of funds to stretch much further and to make a far more profound and meaningful impact to addressing the affordable housing challenges faced in South King County. Section 2 . As long as the City of Federal Way remains a member of SKHHP, the Mayor is authorized to take administrative actions necessary to direct funds collected under RCW 82.14 .540 and City of Federal Way Ordinance 19-879 to SKHHP. Section 3 . This authorization is contingent upon two or more SKHHP cities taking similar actions directing funds collected under RCW 82.14.540 to SKHHP and entering into an interlocal agreement, consistent with the Interlocal Cooperation Act, to pool tax receipts received to the SKHHP Housing Capital Fund . 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, Resolution No. 20-__ Page 3 of 5 Rev 1/19 59 clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution ~hall be effective immediately upon passage by the Federal Way City Council. Resolution No . 20-__ 60 Page4 of5 Rev 1/19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this ___ day of _______ , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 20-__ 61 Page5 of5 Rev 1/19 This Page Left Blank Intentionally • 62 COUNCIL MEETING DATE: October 20, 2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL .. SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2021 BUDGET POLICY QUESTION: Should City Council approve the proposed South King Housing and Homelessness Partners (SKHHP) 2021 Budget? COMMITTEE: Parks, Recreation, Human Services & Public Safety CATEGORY: ~ Consent 0 City Council Business 0 Ordinance 0 Resolution STAFF REPORT BY: Brian Davis, Community Development Director/Sarah Bridgeford, Community Services Manager Attachments: 1. Staff Report 2. SKHHP Resolution No. 2020-04 (2021 Budget) Options Considered: 1. Approve the proposed SKHHP Budget 2021. MEETING DATE: October 13, 2020 0 0 Public Hearing Other DEPT: Community Development 2. Do not approve proposed SKHHP Budget 2021 and provide direction to staff. ·t...-I • 1/~w lni1 iallOa11: COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2021 Budget to the October 20, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed SKHHP 2021 Budget." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -412019 63 COUNCIL BILL # First reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2021 Budget Financial Impacts: The cost to the City for the South King Housing and Homelessness Partners (SKHHP) 2021 Budget is $26,000. This is included within the proposed 2021 -2022 budget. In accordance with the proposed budget, this item is funded by the General Fund. Ongoing costs will need to be considered for future budgets. Background Information: The South King Housing and Homelessness Partners (SKHHP) 2021 Budget provides an itemization of all categories of budgeted expenses and itemization of each Party's contribution. Consistent with the SKHHP Interlocal Agreement, the SKHHP budget must be approved by each legislative body and adopted by the SKHHP Executive Board. The SKHHP Executive Board adopted the 2021 Budget on July 24, 2020 as included in SKHHP Resolution No. 2020-04. The draft SKHHP 2021 Budget was presented to each member jurisdiction for feedback. The City of Federal Way City Council reviewed the draft budget during the May 19, 2020 Council Meeting. The SKHHP 2021 Budget maintains current contribution rates for each participating jurisdiction. The jurisdiction contributions rates are based on population size. As shown in the resolution, Federal Way's contribution is $26,000. In light of the revenue shortfalls and budget uncertainties in all jurisdictions because of the pandemic, maintaining current jurisdiction contributions was a priority for the SKHHP Executive Board. Maintaining jurisdiction contributions is made possible by personnel cost savings from 2019 and 2020. Personnel cost savings in 2019 are a result of hiring the SKHHP Executive Manager later than planned in January 2020. Projected personnel cost savings in 2020 are a result of hiring a three-quarter time second position and delaying the addition of this position until fall of 2020. These cost savings indicate the current jurisdiction contributions can maintain current staffing capacity through 2022. Any changes to staff capacity or increase in the operational budget will require an increase in jurisdiction contributions. The recommendation is to approve the SKHHP 2021 Budget. 64 Rev. 7/18 RESOLUTION NO. 2020-04 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2021 SKHHP BUDGET WHEREAS, pursuant to the lnterlocal Agreement, the SKHHP Executive Board adopts an annual budget that includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in-kind services; and WHEREAS , upon adoption , the annual budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, each Party's contribution(s) will be transmitted to SKHHP on an annual basis during the first quarter of the calendar year. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the SKHHP 2021 Budget as shown in Attachment A. Section 2 . This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction . Dated and S i g ~e d thi s .21 ffa ay of __ 9-H-~-d_G..!'-tc __ , 2020. :; 0 SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2020-04 July 24, 2020 65 Rev. 2018 Projected beginning fund balance -· ·---... . .. .. . . REVENUES Auburn Burien Covington Des Moines Federal Way Kent Normandy Park Renton Tukwila Unincorporated King County King County Housing Authority King County* Office space (in-kind donation) Contributions & Donations TOTAL ATTACHMENT A 2021 SKHHP BUDGET $249,095.00 $26,000 $15,000 $7,500 $7,500 $26,000 $34,000 $4,000 $34,000 $7,500 $34,000 $15,000 $41,000 $12,000 $- $263,500 •rota! King County contribution is $75,000, includes line item for unincorporated King County and King County EXPENSES Executiye Man[Jger Program Coordinator (30 hrs w/ beriefits) Misc. -travel, phone, postage Office space (in-kind donation) fnterfund IT Subtotal COA 10% Administrative Fee• TOTAL Estimated ending fund balance *10% Administrative fee is calculated as a percentage of operating costs which does not include in-kind donations, or carryforwards 66 $131,914 $110,146 $12,000 $12,000 $25,800 $2911860 $28,000 $319,860 $192,735 COUNCIL MEETING DATE: October 20, 20_2_0 _____________ I _T _E_M_#_:=====- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2021-2022 WORKPLAN POLICY QUESTION: Should City Council approve the proposed South King Housing and Homelessness (SKHHP) 2021-2022 Workplan? COMMITTEE: Parks, Recreation, Human Services, & Public Safety CATEGORY: [SI Consent 0 City Council Business 0 Ordinance 0 Resolution MEETING DATE: October 13, 2020 D D Public Hearing Other STAFF REPORT BY: Sarah Bridgeford Community Services M_a_n_ag=e_r ___ D_E_PT: Community Developme_n_t __ _ Attachments: 1. Staff Report 2. SKHHP 2021 -2022 Workplan 3. SKHHP Resolution 2020-02 (2021-2022 Workplan) Options Considered: 1. Approve the proposed SKHHP 2021-2022 Workplan. 2. Do not approve proposed SKHHP 2021-2022 Workplan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. COMMITTEE RECOMMENDATION: 1 move to forward the proposed SKHHP 2021-2022 Workplan to the October 20, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "!move approval of the proposed SKHHP 2021-2022 Workplan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED - 412019 67 COUNCIL BILL# First reading Enactment reading ORDINANCE# RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: September 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT:-South King Housing and Homelessness Partners (SKHHP) 2021-2022 Workplan Financial Impacts: There is cost to the City for being a member city of the South King Housing and Homelessness Partners (SKHHP). The cost is associated with the annual fee as presented the SKHHP 2021 Budget, presented for Council consideration as a separate item. The costs are for general participation and the SKHHP 2021-2022 Workplan has no additional cost. Background Information: The South King Housing and Homelessness Partners (SKHHP) 2020-2021 Work Plan is a two-year work plan. Subsequent work plans will be developed annually. Consistent with the SKHHP Interlocal Agreement, the SKHHP work plan must be approved by each legislative body and adopted by the SKHHP Executive Board. A draft of the 2020-2021 SKHHP Work Plan was presented to each partner jurisdiction for review and feedback prior to SKHHP Executive Board adoption on July 24, 2020. The Federal Way City Council reviewed the draft work plan during the May 19, 2020 Council Meeting. The 2020-2021 work plan operationalizes the priority action items identified by the Executive Board and staff work group in 2019; incorporates actions necessary to address opportunities created by the 2019 legislative session; and incorporates feedback from partner jurisdictions. The work plan reflects the intention to hire a Program Coordinator and also identifies key allies with goals and activities that align with SKHHP that will augment staff capacity. The work plan is structured into three work areas: governance and administration; policy and planning; and outreach and education. Governance and administration includes start-up procedures, program-wide management activities, the annual work plan and budget process, and establishing an Advisory Board. Once established, the Advisory Board will provide recommendations to the Executive Board that will help to ensure equitable and informed decision making. The key outcomes for this work area are: 68 Rev. 7/18 • Functioning and collaborative entity with clear measures of success. • Implementation that supports equitable outcomes across jurisdictions, community members, and stakeholders. Policy and Planning includes establishing a SKHHP Housing Capital Fund, inventorying affordable housing vulnerable to market pressures, supporting development of housing action plans, and collaborating to enhance local policies and programs that accelerate access, protect existing housing stock, and provide housing security. The key outcomes for this work area are: • Pooled local resources dedicated to affordable housing in South King County. • Increased number of South King County cities with comprehensive housing action plans. • Number of jurisdictions with new or enhanced legislation or programs to support affordable housing strategies. Outreach and Education includes representing South King County at local and regional forums, furthering stakeholders' and elected officials understanding of housing options and the range of needs and opportunities, and developing state and federal advocacy priorities. The key outcomes for this work area are: • South King County is heard, considered, and supported by regional and state stakeholder groups and policy makers. • Changes in policies, programs, and funding streams that support affordable housing and homelessness programs in South King County. • Increased interest in South King County from non-profit and for-profit housing developers. The 2020-2021 SKHHP Work Plan is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Normandy Park, Renton, Tukwila, and King County. The 2020-2021 SKHHP Work Plan operationalizes the agreed upon priorities by the SKHHP Executive Board to implement the Interlocal Agreement by acting cooperatively to formulate housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding and private sector resources, and support implementation of other local policies and programs relating to affordable housing. 69 Rev. 7/18 RESOLUTION NO. 2020-02 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2020 -2021 WORK PL A N WHEREAS, pursuant to the lnterlocal Agreement , the SKHHP Executive Board approves an annual work plan each year to guide the work of SKHHP staff; and WHEREAS, upon adoption, the annual work plan will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the purpose of the annual work plan is to provide management and budget guidance; and implement the overarching SKHHP goals to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS , due to the timing of hiring SKHHP staff and consistency with the lnterlocal Agreement timeline for adopting annual work plans, the 2020 and 2021 annual work plans are included together; and WHEREAS, the 2020-2021 work plan includes three major streams of work: governance and administration; policy and planning; and education and outreach; and WHEREAS, the governance and administration work stream includes program-wide management activities including establishing decision-making protocols and reporting procedures; and convening a community advisory board; and WHEREAS, the policy and planning work stream includes advocating for and establishing a SKHHP affordable housing capital fund; and collaborating with partners to enhance local policies and programs that accelerate access to affordable housing, protect existing housing stock, and provide housing security; and WHEREAS, the outreach and education work stream includes representing South King County at all applicable decision tables; and furthering the understanding of the spectrum of affordable housing options and related needs and opportunities; and NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the SKHHP 2020-2021 Work Plan as shown in Attachment A. Section 2. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Resolution No. 2020-02 July 24, 2020 70 • Rev. 2018 Dated and Signed this __ day of _______ , 2020 . SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS NANCY BACKUS, CHAIR Resolution No. 2020-02 July 24 , 2020 71 Rev .2018 RESOLUTION 2020-02-ATIACHMENT A SOUTH KING HOUSING AND HOMELESSNESS PARTNERS 2020-2021 DRAFT WORK PLAN Purpose: Establish a 2020-2021 SKHHP Work Plan that is consistent with the SKHHP lnterlocal Agreement and shaped by member jurisdictions. The 2020-2021 SKHHP Work Plan reflects individual jurisdiction needs and interests while furthering the overall purpose of SKHHP to increase the available options for South King County residents to access affordable housing and preserve existing affordable housing stock. Introduction: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement to work together and share resources to increase the available options for South King County residents to access affordable housing and preserve the existing affordable housing stock. The SKHHP 2020-2021 work plan includes three major areas of work that will facilitate implementation of the SKHHP lnterlocal Agreement: governance and administration; policy and planning; and education and outreach. These three major work areas are broken into five objectives. Governance and administration is covered in Objective 1 and includes program-wide management activities that _ will be completed annually including developing and adopting an annual work plan and budget. This work area also includes start-up procedures including establishing decision-making protocols and reporting procedures, and convening a community advisory board. Policy and planning is covered in Objectives 2 and 3 and includes advocating for and establishing a SKHHP affordable housing capital fund; and collaborating with partners to enhance local policies and programs that accelerate access to affordable housing, protect existing housing stock, and provide housing security. Outreach and education is covered in Objectives 4 and 5 and includes representing South King County and its unique affordable housing needs at all decision tables; and furthering the understanding of the spectrum of affordable housing options and the range of related needs and opportunities. Background: During 2018 and 2019 staff of member jurisdictions discussed a wide range of work plan ideas for SKHHP; the goal was to identify objectives and action items for an 18-month work plan. In June 2019, each jurisdiction was asked what SKHHP "must do'', "should do", or "could do" during the course of the first 18-months. In July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN 72 Page 1of8 June 2019, the SKHHP Executive Board reviewed and approved the list by focusing on the "must do" and "should do" items. The 2020-2021 work plan operationalizes the list approved by the SKHHP Executive Board in 2019 and incorporates the HB 1406 sales tax credit and the sub-regional housing assessment made possible by HB 1923 grant funds. The sub-regional housing assessment is being coordinated by six of the nine SKHHP partner cities (SoKiHo). The 2020-2021 work plan also identifies allies like the Housing Development Consortium (HOC) and King County with goals that align with SKHHP that will augment staff capacity. The 2020-2021 work plan prioritizes the "must do" and "should do" activities for 2020. Activities that were part of the 2019 list of activities will be reassessed for possible incorporation in the 2022 work plan. In February 2020 King County had its first reported case of COVID-19, the disease caused by the coronavirus. Since February, the pandemic has continued to expand and we have yet to see the full extent of the virus . On March 23, 2020 Governor lnslee announced a statewide order requiring everyone in the state to stay home for two weeks. The order required everyone to stay home except to pursue essential activities, banned all gatherings for social, spiritual, and recreational purposes, and closed all businesses except those deemed essential. The Stay Home, Stay Healthy initiative has since been extended through May, 2020 with a four phase approach to opening businesses that will begin on May 5, 2020. In response to the impacts of the COVID-19 crisis, federal, state, and local governments have mobilized emergency operations centers, implemented temporary policies to prevent residential and business evictions, and passed unprecedented stimulus packages in the hopes to lessen the impacts of COVID-19 to individuals and businesses. The impacts of this crisis are still unfolding and much of the recovery effort . has yet to be determined. During this unprecedented time, staff capacity and local resources may need to adapt. This may require SKHHP to reanalyze priorities and/or shift the timeline for the work identified in the work plan. Progress reports: Consistent with the lnterlocal Agreement, the SKHHP Executive Manager will submit quarterly budget performance and progress reports on the status of the work plan elements to the SKHHP Executive Board and the legislative body of each member jurisdiction. To be consistent with the administering agency's finance department, quarterly progress reports will be provided as follows: • Quarter 1: • Quarter 2: • Quarter 3: • Quarter 4: May August November February Next steps: In accordance with the lnterlocal Agreement, the 2020-2021 SKHHP Work Plan will be approved by the legislative body of each member jurisdiction and the July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN 73 Page 2 of 8 SKHHP Executive Board. The timeline for review and adoption of the 2020 SKHHP Work Plan is as follows: • May-June -Draft 2020-2021 SKHHP Work Plan and Draft 2021 operational budget reviewed by legislative body of each jurisdiction and SKHHP Executive Board. • July-August-review and adoption of 2020-2021 SKHHP Work Plan and 2021 operational budget by SKHHP Executive Board. • August-October-adoption of 2020-2021 SKHHP Work Plan and 2021 operational budget by legislative body of each jurisdiction. Acronyms: The 2020-2021 work plan includes several acronyms or abbreviations defined as follows: AdvBrd: EB: SKHHP Advisory Board to be formed during 2020 made up of 12 to 15 community members appointed by the Executive Board to provide advice and recommendation to the Executive Board. SKHHP Executive Board Enterprise: Enterprise Community Partners HOC: Housing Development Consortium SKC: South King County SKCJPD: South King County Joint Planners and Developers group convened byHDC SoKiHo: South King County housing group (six of the nine SKHHP cities) managing the sub-regional housing needs and policy assessment July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN 74 Page 3 of 8 GOVERNANCE AND ADMINISTRATION Objective 1: Establish SKHHP's governance and decision making structure, foster collaboration between partners, and provide direction to staff on implementation of the SKHHP lnterlocal Agreement. Outcomes : 1) Functioning and collaborative entity with clear measures of success . 2) Implementation supports equitable outcomes across jurisdictions, community members, and stakeholders. 1 1 Develop Annual Work Plan SKHHP staff, In (SKHHP adoption by June 1) work group, & EB progress la I Partner jurisdiction review SKHHP staff, In and adoption work group, & EB progress 2 1 Develop Annual Budget (SKHHP SKHHP staff, In adoption by June 1) work group, & EB progress U: I 2a I Partner jurisdiction review SKHHP staff, In and adoption work group, & EB progress 3 1 Establish decision-making SKHHP staff & EB In protocols progress 4 1 Develop quarterly reporting SKHHP staff & EB In procedures progress 4a I Quarterly progress and SKHHP staff Ongoing budget reports 5 I Establish SKHHP Advisory Board SKHHP staff & EB Not started July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN Page 4 of 8 POLICY AND PLANNING Objective 2: Establish South King County Housing Capital Fund, develop an administration plan, and build funding support. Outcomes: 1) Increase resources dedicated to affordable housing preservation, rehabilitation, and production in South King County. 2) Pool resources to address the growing affordable housing and homelessness needs in South King County. 1 1 Coordinate City commitment to pool HB 1406 funds work group, & tts progress 2 1 Inventory and assess existing SKHHP staff & EB Not local affordable housing funds started Create inventory of expiring tax credit developments and In 3 I naturally occurring affordable SKHHP staff, progress housing vulnerable to mar ket So Ki Ho (ongoing) pressures ~I I Assess physical conditions of In 4 1 existing subsidized and SKHHP staff, naturally occurring affordable work group progress housing stock (ongoing) 5 1 Create portfolio of potential SKHHP staff, I Not uses and allocation strategies work group, & EB started Develop mar keting materi als by SKHHP staff, I Not 6 I audience to build funding work group, & EB started support Develop administration plan for SKHHP Housing Capital Fund SKHHP staff, Not 7 I that supports populations I AdvBrd, & EB started disproportionately impacted by housing cost burden Build funding support through SKHHP staff, In 8 I advocacy with philanthropic work group, progress and private corporations AdvBrd, & EB (ongoing) July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN Page 5 of 8 Objective 3: Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. 1 2 Outcomes: 1) Increased number of South King County cities with comprehensive housing strategy plans that embed racial equity into strategies and programs. 2) Number of jurisdictions that adopt new or enhanced legislation or programs that support equitable affordable housing production and preservation strategies. 3) Increased number of affordable rental housing units in participating programs. 4) Improved collective efforts to address systemic and institutional racism and create greater racial equity and justice in housing. Support creation of housing policy assessment tool Support development of housing strategy/action plans that embed racial equity into strategies and SKHHP staff & So Ki Ho progress Not started ...i / / pro~ra~s.and track racial equity / / I I ,j j I I --1 I I l I I I I 1· l -ti:-1-+-• • dl~-trt '.&!:~-54,i ·1 ...i Mamtam inventory & assessment 3 4 5 6 7 of existing city preservation programs for affordable rental & ownership housing Assist cities in enacting policies and strategies that address tenant protections through anti- displacement, fair housing, and healthy housing Coordinate SKC participation in identification of potential locations for future TOD to include affordable housing Catalog successful affordable housing development projects Develop examples of potential design standards and desired requirements July 24, 2020 SKHHP staff & work group SKHHP staff & work group SKHHP staff, Sound Transit, King County, Enterprise SKHHP staff SKHHP staff & work group In progress Ongoing Not started Ongoing Not started SKHHP 2020-2021 DRAFT WORK PLAN Page 6 of8 OUTREACH AND EDUCATION Objective 4: Represent South King County and its unique affordable housing needs at all decision tables. Outcomes: 1) Establish credibility of SKHHP with potential partners and funders. 2) South King County is authentically heard, considered, and supported by regional and state sta keholders and policy makers . 3) Changes in policies, practices, and funding st reams that support affordable housing and home lessness programs in South King County . Create schedule of priority SKHHP staff, Not 1 I meetings and designate SKC work group & EB started representatives " In 2 1 Represent SKHHP at local & SKHHP staff progress regional meetings and forums. (ongoing) 3 Develop SKHHP State advocacy SKHHP staff, In ~I priorities work group & EB progress Develop SKHHP Federal SKHHP staff, In 4 advocacy priorities work group & EB progress Develop advocacy SKHHP staff, Not 5 I presentation and messaging work group & EB started toolkit 6 I Conduct work sessions with SKHHP staff, I Not state legislators . work group & EB started July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN Page 7 of8 Objective 5: Further strengthen regional stakeholders' understanding of the spectrum of affordable housing options, the range of related needs and opportunities, and the housing system . Outcomes: 1) South King County decision makers are informed and prepared to act based on current information and facts. 2) Increased interest from nonprofit and for-profit developer to partner with South King County cities to produce affordable housing. developers to better understand SKHHP staff, In 1 I barriers to Increasing construction SKOPD, HDC progress and preservation of affordable (ongoing) housing Support SKC engagement and In 2 1 elected official participation in SKHHP staff affordable housing development & HDC progress tours (ongoing) -- ~I I Coordinate monthly educational topics that promote understanding SKHHP staff 3 1 of the full housing system and & work I Ongoing practices that have led to inequities in the system, and opportunities to group address racial equity and justice. Develop affordable housing and I SKHHP staff, I In 4 I homelessness awareness presentation toolkit AdvBrd & EB progress July 24, 2020 SKHHP 2020-2021 DRAFT WORK PLAN Page 8 of 8