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01-18-2022 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022 - 6:30 p.m. *Masks are required inside City Hall and are to be worn at all times when attending in -person meetings. Notice: Due to rising cases of COVID-19 and pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Federal Way YouTube Channel , FWTV Channel 21, or via Zoom • Listen to the live meeting: (888) 788-0099 or 253-215-8782 Zoom meeting code: 363 503 282 and passcode: 738163 Public Comment is available via phone or in -person. Sign-up to provide remote comments via phoneline here. Submit written comments directly at PublicComment.Council(a�_cityoffederalway.com. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Mayor's Emerging Issues and Report • Progress Update regarding King County RCP Program — Steve McNey • Upcoming Event: Retail Safety Summit on January 20 via zoom • Recent Events: MILK Jr Events (1/17) • City Council Retreat — February 26 at Dumas Bay Centre 8:30 a.m. b. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Deputy Mayor Report • Council President Report 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. Based on the volume of requests at the meeting, the Chair has the discretion to reduce the comment period to 2 minutes each. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 4, 2022 Regular Meeting Minutes b. Arts Commission 2022 Work Plan c. Arts Commission 2022 Contract for Services d. Jail Services Contract — Puyallup City Jail e. Washington State Department of Commerce Grant f. Public Safety testing Subscriber Agreement — Amendment #1 g. Diversity Commission 2022 Work Plan 6. PUBLIC HEARING a. Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities (postponed from October 19, 2021) • Staff Report: James Rogers, Associate Planner • Public Comment — 3 minutes each 7. COUNCIL BUSINESS a. Council Confirmation of Committee Chair Appointments b. Proposed 2022-2024 Collective Bargaining Agreement with the Federal Way Police Officer Guild c. South County Area Transportation Board Agreement 8. ORDINANCES First Reading a. Ordinance: Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities (postponed from October 19, 2021) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITES; AMENDING FWRC 19.05.120, 19.05.200, AND 19.105.020; AND ADDING NEW SECTION S TO CHAPTERS 19.225 AND 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) Staff Report presented at the public hearing Public Comment — 3 minutes each Second Reading/Enactment b. Council Bill #819/Modifying the City's Nuisance Code AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE CITY'S NUISANCE CODE TO ADDRESS CHRONIC NUISANCE PROPERTIES AND The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. PROVIDING FOR EMERGENCY SUMMARY ABATEMENT FOR SEVERE AND EMERGENCY NUISANCES IN THE CITY; AMENDING FWRC 6.70.010; ADDING NEW SECTIONS TO CHAPTER 6.70 INCLUDING SECTIONS 6.70.020,6.70.030, AND 6.70.040; AND ADDING A NEW SECTION TO CHAPTER 1.15 INCLUDING SECTION 1.15.085. (AMENDING ORDINANCE NO. 00-374.) c. Council Bill #820/Proposed Code (12.35 FWRC) for Licensing Permanent Supportive Housing and Transitional Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LICENSING OF PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095; AND ADDING A NEW CHAPTER 12.35 INCLUIDNG SECTIONS 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, AND 12.35.080. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-291, 99-333, 01-385, 02-423, 07-559, 09-605, AND 21-921.) 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Property Acquisition pursuant to RCW 42.30.110(1)(b) 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: January 18, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the January 4, 2022 Regular Meeting? COMMITTEE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: Draft minutes for the January 4, 2022 Regular Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A MEETING DATE: N/A ❑ Public Hearing ❑ Other DEPT: Mayor's -Office N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A I Q1 tl f n i l i almatc N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COhiPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CIT Awl ,�k, Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers January 4, 2022 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. City officials in attendance: Mayor Jim Ferrell, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Susan Honda, Councilmember Hoang Tran, Councilmember Jack Walsh, Councilmember Jack Dovey, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS COUNCILMEMBER DOVEY MOVED TO ADD AN ITEM TO COUNCIL BUSINESS (ITEM 1) TO AUTHORIZE UP TO $1 MILLION IN OVERTIME FOR THE POLICE DEPARTMENT IN 2022; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Councilmember Assefa-Dawson yes Councilmember Walsh yes Councilmember Norton yes Councilmember Dovey yes Councilmember Honda yes Councilmember Kochmar yes Councilmember Tran yes a. Oaths of Office/Swearing-In Ceremonies City Clerk Stephanie Courtney swore in Mayor Jim Ferrell. Mayor Ferrell then swore in Councilmember Erica Norton for position 2; Councilmember Hoang Tran for position 4; Councilmember Jack Walsh for the unexpired term for position 5; and Councilmember Jack Dovey for position 6. Councilmember Norton requested a briefing or study session on the upcoming budget for the new Councilmembers. She also thanked the voters and her husband for his support. Councilmember Tran thanked the voters for electing him to a second term and stated he will do his best to serve the community. He believes staff are essential to a well -run city and he wants to provide support to the staff for the next four years. Councilmember Walsh also thanked the voters, noting it was an honor and a privilege to serve. He thanked his wife for her support and the staff who worked during the most recent Federal Way City Council Regular Minutes Page 1 of 13 January 4, 2022 snow event to keep the roads clear and everyone safe. Councilmember Dovey thanked the staff and fellow Councilmembers for the support and looks forward to serving the community; he believes in a common-sense approach to city government. b. Election of Council President and Oath of Office Mayor Ferrell read into the record the procedures to be followed and opened the floor for nominations. COUNCILMEMBER NORTON NOMINATED COUNCILMEMBER LINDA KOCHMAR. COUNCILMEMBER ASSEFA-DAWSON NOMINATED COUNCILMEMBER SUSAN HONDA. Councilmember Honda withdrew herself from consideration. COUNCILMEMBER DOVEY MOVED TO CAST A UNANIMOUS BALLOT FOR COUNCILMEMBER KOCHMAR; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Kochmar yes City Clerk Stephanie Courtney swore in Council President Kochmar. Council President Kochmar thanked the Council and spoke to working together collaboratively. c. Federal Way Public Schools EP&O Tax Levy Information & Tech Levy Mayor Ferrell introduced Dr. Dani Pfeiffer, FWPS Superintendent, who presented information regarding the Educational Programs and Operations Levy (EP&O) and Technology Levy which are on the ballot February 8, 2022. Dr. Pfeiffer noted these are both replacement levies and not new taxes. The Tech Levy has been continuously supported since its inception in 2004 and the EP&O Levy has been continuously supported since 1980. She provided detailed information on what each levy supports including student devices, cellular hotspots, classroom presentation stations and technology software. Likewise, the EP&O Levy will help fund nurses, paraeducators, college and career specialists, custodians, security staff, athletics, special education programs and more. She provided the breakdown of the funds which would be collected which is based on assessed value and encouraged everyone to visit the district website for more information. Greg Baruso representing Citizens for Federal Way Schools, spoke in support of funding needed programs and services in the schools and in making an investment in the future. School Board Director Eito also spoke in support of the levies and asked for the Council's endorsement and support. Council thanked Dr. Pfeiffer, Director Eito and all those in attendance for the presentation and information. Clarifying questions were asked regarding school nurses and if this would fund internet and laptop access for all students. At 7:17pm Mayor Ferrell announced the Council would be recessing for approximately ten Federal Way City Council Regular Minutes Page 2 of 13 January 4, 2022 . � 1 (10) minutes to honor the newly sworn in members of the City Council. He reconvened the meeting at 7:33 p.m. Due to the amount of public in attendance and the number of requests for comments submitted, the Council concurred to move up public comment on the agenda to the next item. 4. PUBLIC COMMENT Gary Robertson shared disappointment regarding communication and the quality of performances at the Performing Arts and Event Center. Ann Blevens complained about snow pack at the end of her driveway as a result of the snow plows plowing her street. She shared her belief children who break laws should have consequences. Joseph Seia, Executive Director of the Pacific Islander Community Association, spoke against item 6a stating that the City should consider greater investments into restorative justice programs. Diolanique Davis spoke in opposition of agenda item 6a; Resolution: Requesting the King County Prosecutor Pause Implementation of the Restorative Community Pathways (RCP) Program Eugene Youngblood from the Freedom Project spoke in favor of restorative justice programs and criticized the City's slogan stating that item 6a hinders opportunity. Dyneeca Adams feels the community needs to be restored and the community pathways program is vital. Ken Blevens expressed concerns that the Federal Way school system is failing kids of all races and feels the community needs to do more to stop current patterns. Dominique Davis asked council not to pass a resolution without talking to those who created the RCP first; she asked Council to work with the community to come up with answers. Eddie Purpose with Progress Pushers expressed his opinion more funding is needed for Youth Violence Prevention Programs. Jimmy Brown feels the RCP program should not be discussed without first evaluating how to close gaps in education, wealth, and social and emotional support. Evan Cook urged Council to not cut the efforts of people who are working harder for less and asked Council to help the people help Council so that we can continue to uplift and help youth. Lamont Styles voiced skepticism with the City Council and what they promise to do for the community. He asked the Council and Mayor to take action for our kids. Sean Goode with the non-profit Choose 180, suggested a regional approach is needed; he believes young people are not problems to be solved but possibilities to be developed. Mark Spaur raised questions about the Milton Road area re -zone and the approved traffic study. Federal Way City Council Regular Minutes Page 3 of 13 January 4, 2022 Cynthia Ricks-Maccotan, Youth Violence Coordinator for Virginia Mason, a current Human Services Commission and former employee, spoke in opposition to 6a regarding the RCP program. She noted Federal Way is at the top of the list following Seattle and King County for youth referrals in the juvenile justice system. Sheley Anderson, former prosecutor, asked council to oppose the pause of a much -needed program; Restorative Community Pathways. Nancy Justice spoke regarding 6a. She agrees that this is a program that we need to work together on and desires to see children helped equally regardless of race. Anna Patrick believes there are many pieces to the justice puzzle and would like to get a better handle on gun violence. She supports a pause and would like to see the statistics and facts on this program. Carolyn Hoover believes in law and order. She shared a story of a youth who went to jail for crimes he committed and he turned his life around from there. David VanVleet asked Council to do more about crime and public safety and listen to the voters. Josias Jean-Pierre shared frustrations about the continued requests to the City Council for more resources. Israel Espinoza shared from his experience in prison and how it motivates him to invest in the community to better his life and others. Saudia Abdullah has worked twenty-five years in criminal justice system and is resident of the city, urged council to vote no against resolution item 6a. Pamela Asbe spoke about the brilliance of youth and our future, she asked to reject the pause on the RCP. Marcus Stubblefield asked Council to reject the resolution to pause the RCP program. He does not want to see Federal Way move backwards when the city should be moving towards being safe and well. Shannon Braddock, Chief of Staff to Dow Constantine, spoke in opposition to item 6a and asked Council to reject the resolution. She noted RCP aims to divert low-level first-time cases and has had wide level support from juvenile justice stakeholders. Tiarra Dearbone with the King County LEAD program shared that rampant crime is not a result of the RCP Program but rather from other failed approaches. Sai Samineni welcomed the new Council and spoke in opposition of item 6a stating that the program has not been functioning long enough. She would also like to see a focus on youth homelessness. Bob Drake indicated crime is out of control in the City and if you commit a crime, you should be prosecuted. He asked council to pass item 6a. Ayan Muse f spoke from her perspective and to some of the injustice she experiences, she has been involved and will continue to be involved. Federal Way City Council Regular Minutes Page 4 of 13 January 4, 2022 . � 1 City Clerk read emails in support of the Restorative Community Pathways program (RCP) and in opposition to Council agenda item 6a from the following individuals: John Miller, Claire Clark, Doni Burkett, Malika Lamont, Lisa Daugaard, Thea Oliphant -Wells, Debbie Peterson. Joanna Howard. Carlecia Bell. and Calson Tiwevana. Email from Josh Kim read by the City Clerk expressing concern that Ordinance #818 would have negative consequences on upstanding hotels in the City. Following public comment, the Council returned to the Presentation portion of the agenda. d. Mayor's Emerging Issues and Report Snow and Ice Removal Update Public Works Director EJ Walsh provided an update on the recent snow and ice event which began on December 24. He noted crews logged 1,800 hours of plowing time over 9,000 miles, using 1,000 tons of salt over this eight -day event. He thanked staff who assisted with the crews at the Maintenance Yard, including those who came in to cook for the crews. He will be looking at cost estimates to add two additional plow trucks for the future. Mayor Ferrell thanked Director Walsh and the crews for their efforts in keeping the roads safe. COVID-19 Update Emergency Manager Ray Gross provided an update on COVID-19 noting the United States set a record the previous day for one -million plus cases in a single day. He noted King County is still in a high transmission state with a daily average of 137 cases. He provided an update on FEMA mobile vaccination unit at the Performing Arts and Event Center and the distribution of supply kits to local restaurants and long-term care facilities with the help of Public Health. Retail Safetv Summit Chief Hwang noted the Retail Safety Summit would be held at City Hall on January 20 at 9:30 a.m. This meeting will give businesses the opportunity to share ideas and best practices for creating a safer downtown. The Police Department will also provide information on enforcement efforts. He noted this is a public meeting and may be moved to a remote setting, if needed. Sound Transit OMF South Update Public Works Director EJ Walsh provided an updated regarding Sound Transit's Operations and Maintenance Facility South. Over the last few years, Sound Transit has engaged the region seeking a site for this facility and has narrowed the possibilities to three locations; two options are located in the city. At the December meeting the Sound Transit Board selected the S 336th Street (Christian Faith Center/CFC) site as the preferred alternative. Director Walsh noted this does not remove the other two possibilities, however gives a direction to further study and focus on the 336th site. He noted the city is unaware how and when Sound Transit will address the city and resident comments provided thus far. Upcoming Events Mayor Ferrell noted the upcoming Martin Luther King Jr. Celebration will be a remote event Federal Way City Council Regular Minutes Page 5 of 13 January 4, 2022 . � 1 and will be shown on Channel 21. He noted Washington State Korean -American Day is January 13. e. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Council President Kochmar noted the next meeting of the Council Committee will be January 11 at 5:00 p.m. and held remotely. She noted the Council Committee appointments will be made at the next City Council meeting. Councilmember Honda provided information and reported on her attendance at various regional meetings including a meeting regarding assisting seniors with banking. She expressed gratitude to Tim Johnson for putting this together and believes it will be beneficial for seniors. Land Use/Transportation Committee (LUTC): No report; next meeting is February 7. Finance, Economic Development, Regional Affairs Committee (FEDRAC): No report; next meeting is January 25. Lodging Tax Advisory Committee (LTAC): next meeting will be January 12 at 10:00 a.m events and tourism updates. 5. CONSENT AGENDA Councilmember Assefa-Dawson reported the via Zoom where they will discuss upcoming a. Minutes: December 7, 2021 Regular and Special Meeting Minutes b. Resolution: Ratification of the 2021 WRIA 9 Salmon Habitat Plan/APPROVED RESOLUTION NO. 22-818 c. 2020 Asphalt Overlay Project — Final Acceptance d. Lakota Middle School Safe Routes to School — SW Dash Point Road Letter of Understanding with Verizon e. Adaptive Traffic Control, City Center Phase 2 — 85% Design Status Report and Authorization to Bid f. Acceptance of Housing Action Plan Implementation Grant COUNCIL PRESIDENT KOCHMAR APPROVED ITEMS A THROUGH F ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Honda yes 6. COUNCIL BUSINESS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes COUNCIL PRESIDENT KOCHMAR MOVED TO EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 6 of 13 January 4, 2022 . � 1 Council President Kochmar yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes At 9:40 p.m. Mayor Ferrell announced the Council would take a brief recess. He reconvened the meeting at 9:49 p.m. a. Resolution: Requesting the King County Prosecutor Pause Implementation of the Restorative Community Pathways (RCP) Program Intergovernmental & Public Affairs Officer Steve McNey presented information regarding the proposed resolution asking King County to pause the RCP program. He noted Federal Way has been supportive of RCP, however the county failed to provide information to the city on what type of cases are eligible for this program and specifically cases filed by Federal Way that would be or had already been referred. Mr. McNey stated this resolution is requesting a pause on the program and believes diversion programs are important, however, noted many concerning crimes listed which would be currently eligible and cases are being referred without a judicial review. Councilmembers thanked Mr. McNey for the information and asked for further discussion on this issue, as the community is clearly invested and passionate. Multiple Councilmembers asked for a task -force or an opportunity to engage both sides of this issue. Additional Councilmembers asked about the funding for this program and if jurisdictions are being notified when cases are referred and to which providers. Mayor Ferrell reported the South King County cities were not consulted or notified this program. He shared this program has already begun and they have not been able to get status on Federal Way cases under King County jurisdiction. He has strong reservations on this program which does have include judicial review. Discussion centered on supporting youth and diversion programs and engaging the community and the South King County cities to have a voice to King County policies. Mayor Ferrell noted he received correspondence from the King County Executive's Office who offered to discuss the city's concerns. Council noted they are willing to postpone this to gather more information. It was requested the Mayor provide a status update at the future City Council meeting. COUNCIL PRESIDENT KOCHMAR MOVED TO TABLE THIS ISSUE TO FIRST MEETING IN FEBRUARY; SECOND BY COUNCILMEMBER TRAN. Council asked for an update be provided at the next City Council meeting. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Honda yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes b. Resolution: Amending City Council Rules of Procedure to add "Deputy Mayor"/APPROVED RESOLUTION NO. 22-819 Federal Way City Council Regular Minutes January 4, 2022 Page 7 of 13 . � 1 City Attorney Ryan Call provided information regarding the request at the last council meeting council directing him to draft a resolution to add a new City Council position of Deputy Mayor. He briefly reviewed the proposed duties and role, which will work collaboratively with the Council President. The Council President is statutorily the Mayor Pro Tem. Councilmember Assefa-Dawson asked for clarification on why the change was needed and has not been needed previously. Council President Honda noted she supports this in the spirit of teamwork and believes it will be beneficial to help with the heavy workload. She acknowledged it is a trial to see if this can work. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Councilmember Assefa-Dawson yes Councilmember Walsh yes Councilmember Norton yes Councilmember Dovey yes Councilmember Honda yes c. Election and Oath of Office for Deputy Mayor Mayor Ferrell read the rules to be followed. Councilmember Walsh nominated Councilmember Honda as Deputy Mayor. No further nominations were provided. A unanimous ballot was cast for Councilmember Honda. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Councilmember Assefa-Dawson yes Councilmember Walsh yes Councilmember Norton yes Councilmember Dovey yes Councilmember Honda yes City Clerk Stephanie Courtney swore in Deputy Mayor Honda. d. 2022 Legislative Agenda Intergovernmental & Public Affairs Officer Steve McNey provided a report on the state legislative priorities. Priorities included items related to public safety, youth violence prevention, land use — zoning mandates, and requests for transportation revenues and projects (including City Center Access). Council thanked Mr. McNey for the information and asked clarifying questions regarding transportation funding and funding for the court. Mr. McNey noted the session would be remote which enables easier participation for citizens and Council who wish to watch and testify. Councilmember Assefa-Dawson supports adding a staff position to assist with and advocate for youth violence prevention programs and funding. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CITY OF FEDERAL WAY STATE LEGISLATIVE PRIORITIES FOR THE 2022 SESSION OF THE WASHINGTON STATE LEGISLATURE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Federal Way City Council Regular Minutes Page 8 of 13 January 4, 2022 . � 1 Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes e. Adjusting the Cost of Living (COLA) for 2022 for City Non -represented Employees HR Manager Vanessa Audett provided information requesting the Council authorize the Mayor to increase the COLA (cost of living adjustment) for non -represented employees from 2.5% to 3.5%. She noted this is an effort to keep non -represented employees closer to market rates and other neighboring cities and represented staff. She noted the cost including the "me too" clause is $162,000. Finance Director Steve Groom provided information on how the city is pooling the savings and this modification would not need a budget adjustment. Council thanked Ms. Audett and Mr. Groom for the presentation. Clarifying questions were asked regarding ongoing funding, and number of current vacant positions this affects. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED SALARY SURVEY IMPLEMENTATION PLAN, AND TO AUTHORIZE THE MAYOR TO IMPLEMENT SAID PLAN; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes f. Lakota Middle School Safe Routes to School — SW Dash Point Road Bid Award Public Works Director EJ Walsh presented this item on behalf of his staff. He noted due to grant deadlines this item skipped Committee and went directly to Council for approval. This item is a safe route to school project along Dash Point Road. He provided the specifics on the bid process, including the apparent low bid which was rejected due to not meeting all of the bid requirements. He noted WSDOT, the city's grant administrator, concurred with rejecting the bid and awarding to the next low bid, Active Construction, Inc. COUNCIL PRESIDENT KOCHMAR MOVED TO AWARD THE LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL — SW DASH POINT PROJECT TO ACTIVE CONSTRUCTION, INC., TO THE LOWEST RESPONSIBLE BIDDER IN THE AMOUNT OF $2,036,036 AND APPROVE A TEN PERCENT (10%) CONTINGENCY FOR A TOTAL OF $2,239,639.60, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes g. Authorization to Accept Transportation Improvement Board (TIB) Grant Funding for Pacific Highway at 373rd Roundabout with Median Control Public Works Direction EJ Walsh presented this item on behalf of his staff which is grant Federal Way City Council Regular Minutes Page 9 of 13 January 4, 2022 . � 1 acceptance for traffic improvements for a roundabout with median control at State Route 99 and S 3731 Street. He noted roundabouts provide more safety than adding a left -turn lane and or signalization. The median barrier will prevent left -turn and crossover collisions with U- turns available through this roundabout and the existing roundabout at Wapato Way. Council thanked Mr. Walsh for the information and presentation and asked clarifying questions on traffic flow in that area in particular and asked for confirmation the roundabout would be safer than the new one built in the same corridor further south in Fife. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE TRANSPORTATION GRANT; SECOND BY COUNCILMEMBER DOVEY. THE motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes h. Pacific Highway South Safety Corridor Improvements Public Works Director EJ Walsh briefed Council on the significant accidents that have occurred in the last quarter in the area of SR99/Pacific Hwy South and the south end of the city. He stated the city can make safety improvements in this corridor for approximately $225,000 which includes lane dividers to S 359th Street and install additional signage and install reader signs. He noted WSDOT is supportive of this effort and the city would need to secure permits from them prior to beginning work. He provided information on cost cutting measures of spacing out the lane dividers or only lining a portion of the roadway, however when conferring with other jurisdictions that seems to cause additional accidents of drivers making illegal and dangerous maneuvers to avoid the lane dividers. The materials would need to be ordered; estimated shipping time is 45 to 60 days. COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE THE EXPENDITURE OF $225,000 AND THE CONSTRUCTION OF SAFETY IMPROVEMENTS ALONG PACIFIC HIGHWAY SOUTH BETWEEN S 373RD STREET AND THE TURN POCKET OF SOUTH 359TH STREET; SECOND BY COUNCILMEMBER ASSEFA_DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes Added item — Police Overtime for up to 1.0 million dollars Councilmember Dovey would like to be on record to memorialize the request for the Mayor to work though the budget and ear mark overtime for the Police Department, which will enable the department to cut down on crime. In response to a question, Finance Director Steve Groom noted the City Council previously allocated $214,000 and he continues to monitor quarter by quarter. While he hesitates to Federal Way City Council Regular Minutes Page 10 of 13 January 4, 2022 support the request, he believes it could be possible. Chief Hwang provided estimates of the cost to add extra patrols with officers in training. Councilmember Tran questioned the analysis done to arrive at this dollar amount and if there would be unintended impacts to other departments within the city. Councilmember Dovey clarified the amount was intended as a cap of spending up to a million dollars over the year to enable the Chief to make impactful changes. Director Groom stated without new revenue, the city manages within the current budget and looks at monthly savings within that budget. Chief Hwang stated the department has received positive feedback from the emphasis patrols along Pacific Highway from business owners and the community. Chief Hwang and Mayor Ferrell responded to questions raised regarding the continued need for overtime, once the department is up to 150 officers. COUNCIL PRESIDENT KOCHMAR MOVED AUTHORIZE UP TO $1 MILLION IN POLICE OVERTIME AS NEEDED FROM WITHIN THE POLICE DEPARTMENT BUDGET FOR 2022; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 7. ORDINANCES Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes First Reading a. Council Bill #819/Modifying the City's Nuisance Code AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE CITY'S NUISANCE CODE TO ADDRESS CHRONIC NUISANCE PROPERTIES AND PROVIDING FOR EMERGENCY SUMMARY ABATEMENT FOR SEVERE AND EMERGENCY NUISANCES IN THE CITY; AMENDING FWRC 6.70.010; ADDING NEW SECTIONS TO CHAPTER 6.70 INCLUDING SECTIONS 6.70.020,6.70.030, AND 6.70.040; AND ADDING A NEW SECTION TO CHAPTER 1.15 INCLUDING SECTION 1.15.085. (AMENDING ORDINANCE NO. 00-374.) Assistant City Attorney Kent van Alstyne provided background information on the proposed modification of the city's nuisance code which regulates issues such as too much rubbish, shopping carts, and dumping oil in the sewer systems. He noted that while the code currently regulates nuisances, there is not a mechanism for repeat or emergent nuisances. He noted many surround jurisdictions have such a provision for this in their code. The proposed code changes include for regulation of chronic nuisance properties and emergency abatement. Public Comment — no comments received. City Clerk read the ordinance title COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes Federal Way City Council Regular Minutes Page 11 of 13 January 4, 2022 b. Council Bill #820/ProDosed Code (12.35 FWRC) for Licensina Permanent SuDDortive Housina and Transitional Housina and Emeraencv Housina and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LICENSING OF PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095; AND ADDING A NEW CHAPTER 12.35 INCLUIDNG SECTIONS 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, AND 12.35.080. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-291, 99-333, 01-385, 02-423, 07-559, 09-605, AND 21-921.) Planning Manager Keith Niven provided background on this ordinance noting Council requested a licensing structure for Permanent Support Housing and Transitional Housing and Emergency Shelter as allowed by ESHS1220, which required jurisdictions to allow these uses. Mr. Niven presented the details of the proposed licensing requirement including the annual renewal, application fee, requirement for written safety plan, and conduct/operation expectations. Council thanked Mr. Niven for the presentation and asked clarifying questions regarding the annual fee, if long term care facilities are included, and requested adding "possession" of illegal drugs to the code of conduct requirement. Mr. Niven noted this is an operational plan on the expectation of how they operate. Public Comment: Helen Kubrick spoke in concern for neighboring businesses and areas who may have to deal with individuals with mental health issues. She would like to see the city select a preferred referring agency and would like the residents to be screened; she also requested the city limit the number of referrals from outside Federal Way. City Clerk read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. COUNCILMEMBER WALSH MOVED TO AMEND THE MOTION TO PROHIBIT ACTIVITIES OF POSSESSION OF ILLEGAL DRUGS; SECOND BY COUNCILMEMBER NORTON. The amendment passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes The motion as amended passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes January 4, 2022 Page 12 of 13 Second Reading/Enactment c. Council Bill #818/Ordinance: Establishina a Licensina Proaram for Hotels and Motels/APPROVED ORDINANCE NO. 22-927 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING A LICENSING PROGRAM FOR HOTELS AND MOTELS TO PROTECT PUBLIC SAFETY; ADDING A NEW CHAPTER 12.55 INCLUDING SECTIONS 12.55.010, 12.55.020, 12.55.030, 12.55.040, 12.55.050, 12.55.060, 12.55.070, 12.55.080, 12.55.090, 12.55.100, AND 12.55.110. City Clerk read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 8. COUNCIL REPORTS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Assefa-Dawson thanked those in attendance still at lam. She congratulated Deputy Mayor Honda and Council President Kochmar. She requested the Council be included in meetings and looks forward to working with them. She thanked the staff for their work on sheltering in the storms and for the city crews clearing the roads. She thanked Officer Tillford for saving children's lives. Councilmember Norton requested a study session for the budget. She would like to be briefed by department directors so that she can understand the budget and the needs. Councilmember Tran noted this is the longest meeting since he has been on Council. He expressed congratulations to Council President and Deputy Mayor and welcomed the three new Councilmembers. He wished everyone a Happy New Year. Councilmember Walsh appreciates all the work they do together and thanked the staff. Councilmember Dovey provided no report thanking everyone for a great meeting. Deputy Mayor Honda thanked the Public Works Department and other staff who have worked hard over the last eight to nine days for the snow event. Council President Kochmar referenced looking at a study session to discuss the budget. She also reviewed items discussed early in the meeting including the school board levy and the RCP concerns. She also noted she received a request from the school district to use Council Chambers for school board meetings. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 1:08 a.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 13 of 13 January 4, 2022 anuary 18, 2022 COUNCIL MEETING DATE: JITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2022 WORK PLAN POLICY QUESTION: Should the City Council approve the 2022 Arts Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Manager _ DEPT: Parks Attachments: 1. Staff Report 2. 2022 Arts Commission Work Plan Options Considered: ' 1. Approve the proposed 2022 Arts Commission Work Plan. 2. Do not approve proposed 2022 Arts Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: j (, ;4;'t Cnm tt C ci InilinlA7 e InidaMate InSti4l fto. COMMITTEE RECOMMENDATION: I move to forward the proposed 2022 Arts Commission Work Plan to the January 18, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022 Arts Commission Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 12/14/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission — Work Plan 2022 Financial Impacts: The Arts Commission Work Plan does not have a direct financial impact. Idackgt- pau1d I.nforniai_ on: The Arts Commission Work Plan sets the priorities and projects for the Arts Commission for the coming year. At the December 2, 2021, meeting, the Arts Commission reviewed and voted to approve this workplan to guide them in 2022. Rev. 7/18 Updated Thursday, December 02, 2021 CITY OF Arty Commission Federal Way 2022 WORD PLAN Mission Statement: The charge of the Federal Way Arts Commission is to develop a community where cultural heritage is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks Who When 1. A. Knutzen Family Theatre Exhibit. a. Distribute gallery applications, select Vickie — Gallery + HS 1. B. Featured artist at the Blue Poppy Day will artists, and install exhibits. be given exhibit space in a gallery. b. Knutzen Family Theatre gallery. Kim Ongoing 1. C. Arts Alive — postpone to January 2023... Public Art Committee 2. Partner with the Court to offer a student art contest. Judges need to be present at the Council a. Assist with development of criteria for entry and selection. January - March meeting to meet and award the winners. b. Assist with distribution of marketing Kim and Vickie March -June materials. Committee Chair: c. Assist with jury of entries. d. Attend and assist with reception. 3. Sponsor Arts Alive Arts Juried Art Show Re -format the Arts Alive Exhibition and reception. Update the application forms. Vickie, Iveta, Cory January Assist w/take-in, hanging, and reception. 2023 4. Public Art Maintenance Establish an on -going maintenance program for the permanent collection. Ongoing 5. Traffic Graffics — High School Contest for all 4 The city has over 1,500 utility boxes and High Schools many of them are located in highly visible Karen, Kenny, Kim Ongoing areas. Working to install vinyl artwork on every box. 2 Boxes for 2022. Cultural Outreach 1. Develop a relationship/visibility w/business Organize chamber attendance, distribute Vickie, Iveta, Karen, Committee community (i.e. branding). promotional materials Kenny Ongoing 2. Social Media and Website to promote ongoing Update city A/C webpage and FB page; Arts Commission's programs write press releases (must be approved by Vickie, Karen Ongoing Comm. Director prior to sending) Committee Chair: 3. Partner with School District as art is brought to a. Begin outreach. Assess desire to display Federal Way, with emphasis on multi -cultural artwork in public areas Karen, Cory Ongoing diversity b. Meet/develop relationship with FWPS individual schools and faculty Programs Committee 1. Develop Cultural Arts Opportunities at Red White And Blues Festival 4th of July. a. Organize artists in action and arts activities and interactive art areas b. Explore possible collaboration with Kim, Cory Feb -July Youth Commission Committee Chair: c. Sponsor (grant from 4-Culture) performance stage 2. Manage Contract For Services Program a. Review application guidelines Staff, Karen, Kenny June -Aug b. Move toward online application process 3. Sponsor Outdoor Summer Concert Series & a. Sponsor Summer Sounds concerts Shakespeare in the Park b. Attend concerts as a group Vickie, Cory, Kim July -Aug c. Guest emcee; speak on arts programs 4. Partner with the Rhododendron Garden for a. Staff booth Blue Poppy Day. b. Work with artists to set up photograph or sculpture gallery for duration of event Vickie, Karen May c. Develop event specific sponsors d. Coordinate performing schedule 5. Sponsor Tree Lighting Tree Lighting support through volunteer and budget Vickie, Kim December 1. Comparative Review of other City's Arts a. Research and compare cultural plan of Programming and Arts Commission Activities and other cities Special Proiects Cultural Plan b. Research possible update of cultural plan Karen, Kim, Kenny Ongoing c. Work to incorporate with City/Council's strategic plan 2. PAEC' Art Exhibition 2022 — Arts Explosion Iveta, Cory, Vickie, Ongoing Kenny, Karen Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate new commissioner orientation and annual retreat; assist the commission w/development of marketing materials; maintain website; contract management; assist the Arts Commission Chair with development of bi-annual budget. COUNCIL MEETING DATE: January 18, 2022 ITEM #: - -------------- 5C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2022 CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the 2022 Arts Commission Contract for Services funding recommendations? COMMITTEE: PRHSPS MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Mana er DEPT: Parks Attachments: 1. Staff Report 2. 2022 Arts Commission Contract for Services Funding Recommendations Options Considered: 1. Approve the proposed 2022 Arts Commission Contract for Services Funding Recommendations. 2. Do not approve proposed 2022 Arts Commission Contract for Services Funding Recommendations and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVA�*I.�Jfial DIRECTOR APPROVAL: C e4kzInitiaUDatc Zate Ini[iailDate COMMITTEE RECOMMENDATION: I move to forward the proposed 2022 Arts Commission Contract for Services Funding Recommendations to the January 18, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022 Arts Commission Contract for Services Funding Recommendations. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 12/14/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission — Contract for Services 2022 Financial Impacts: Arts Commission Contract for Services was included within the approved budget under the Parks and Recreation Budget 001-7200-352-573-23-410. In accordance with the approved budget, this item is funded in the amount of $42,500 from the General Fund. This has been a similar amount annually for the last ten years Sack ound Information: Contract for Services is a grant program for local arts group in Federal Way. Arts groups must perform in Federal Way to be eligible. Examples of funding support are Federal Way Symphony performances, art work at South King County Tool Library, and Rosebud Children's Theatre performances. Each Contract for Service group submits an application and a grant request to be considered for grant funding. All groups are assigned an interview time with the Arts Commission and present their grant requests. The Arts Commission uses that the application and interview information to determine the funding amounts for each group within the Commission's allotted budget. Rev. 7/18 Contracts for Services Request/Allocation 2022 Weighted Weighted 2022 expenses % of total Amount 2022 2021 2020 2019 2018 2017 2016 2015 Organization request pergroup expense (%'42500) Alloc. Alloc. Alloc. Alloc. Allot Alloc. Alloc. Alloc. Centerstage Theatre $ 16,500 14,000 12,500 13,000 9,000 10,000 9,500 9,500 Expenses 235,825 44.1% 18,746 134,965 345,354 Request 25,000 12,500 30,000 45.908 10.000 10.000 15,000 15,000 FW Chorale $ 4,500 4,500 4,500 4,000 4,000 4,500 4,500 4,500 Expenses 52,497 9.8% 4,173 61,628 Request 6.000 7,000 5,000 8,000 7,500 8,000 6.000 6.000 $ 2,000 2,000 1,500 1,750 1,500 1,600 1,600 1,600 Harmony Kings Expenses 3,550 0.7% 282 Request 2,000 1,850 2,000 2.000 2A00 2.000 2.000 1.500 Jet City Chorus 1,500 1,750 1,500 1,500 1,500 1,500 Request 2,000 2,000 3,000 3,000 3,000 3,000 $ 8,500 10,000 12,500 13,000 16,500 18,100 18,100 19,100 FW Symphony Expenses 95,200 17.8% 7,568 51,950 Request 10.4511 22,950 1 25,000 30,000 1 30,000 29,200 30.000 30.000 FW Sym B&B/FW Festival Request 5,000 5,000 FW Youth Orchestra $ 1,000 2,500 500 500 2,000 2,500 2,300 2,300 Exenses 57,660 10.8% 4,584 83,460 Request 5,000 7.300 5000 5.090 5.000 5,000 4.000 4.000 Rosebud Children's Theatre $ 4,000 4,000 4,000 4,000 2,500 2,500 3,000 3,000 Expenses 26,630 5.0% 2,117 27,100 Request 4.543 6,000 10,000 4,000 10,000 5,000 5,000 1 5,000 Northwest Symphony 2,500 2,500 2,500 Request 5.500 5500 1 4.500 Auburn Symphony $ 2,000 1,750 Expenses 44,710 8.4% 3,554 20,500 Request 3.000 3 500 FW Lions -Make Music Day $ 11000 1,000 500 Expenses 3,570 0.7% 284 2,48300 Request 1.100 1,0 3,000 Children's Dance/Aria Dance Request 5.017 1,200 1,500 500 Historical Soc./Rhody Grdn Request 1.500 2.000 1.000 2,500 500 South King Tool Library Request 4.500 2.500 $ 2,000 Pacific Islander Assoc. Expenses 6,000 1.1% 477 Request 6,000 $ 1,000 Acts in Motion Expenses 9,000 1.7% 715 Request 8,300 71,394 534,642 100% 42,500 $ 42,500 42,250 40,500 40,500 40,700 40,700 42,000 42,000 Total 66,600 95,017 107,498 78,500 62,200 67,000 65,500 COUNCIL MEETING DATE: January 18, 2022 ITEM #:. 5 d . ... . ....... . .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — PUYALLUP CITY JAIL POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department enter into a new agreement with the Puyallup City Jail? COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing [:1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Curtis Tucker, Jail Coordinator DEPT: Police Attachments: 1. Staff Report 2. Puyallup Jail Service Agreement Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ] )DIRECTOR APPROVAL: Cat nilicC Council / ]uiR,iLT] ♦♦♦ Initi�]M2ty litilixllf}. c COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the January 18, 2022, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 11, 2022 TO: Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Puyallup City Jail Financial 1rimacts: By changing our Puyallup contract from a guaranteed 3 bed to an "as -needed" bed rate, it will potentially save us $137,000 a year (2022 rate). Due to its location and prisoner restrictions, last year, we only used the facility 44 times. This savings would be put towards the SCORE contract for the additional beds. Background Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. Puyallup City Jail was chosen as one of the replacement facilities with a 3 guaranteed bed contract. In the two years that we have used the facility, our booking patterns have indicated that it isn't being used enough to justify the number of beds that we are "pre -paying" for. Many reasons were identified to include; restrictions on prisoners that can be booked -due to mental illness/injury, the time spent booking due to their limited staffing, and requirement of picking up prisoners released during off hours of the transport units. In 2021, a contract was started with SCORE for 3 guaranteed beds. Given the increasing number of prisoners with mental health issues, we are relying on SCORE to accept them at initial booking, when the smaller jails would refuse. We are averaging 14 beds a day at SCORE, with half of them classified as Mental Health. We have proposed to increase the bed count at SCORE to 7 to better reflect our yearly booking average (8.1). Puyallup has agreed to keep a "zero bed" agreement in place to provide us an option if our current facilities get full once the courts have returned to full service. We would pay $158 per day (2022 rate). Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE PUYALLUP CITY JAIL This agreement is between the City of Puyallup, a municipal corporation of the State of Washington (hereinafter "Puyallup") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way"). Recitals WHEREAS, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter agreements with each other for providing jail services; and WHEREAS, Federal way wishes to designate the Puyallup Jail as a place of confinement for the incarceration through the use of three (3) guarantee beds; and WHEREAS, in an effort to streamline administrative procedures and ensure that the daily rate of $125.28 for three guarantee non -gender specific beds to house inmates at the Puyallup Jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and WHEREAS, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree as follows: Agreement GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the applicable laws and administrative rules and regulations of the State of Washington shall control. Any actions, suit, or judicial or administrative proceeding for the enforcement of this agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in Pierce County. 2. EFFECTIVE DATE This Agreement shall be effective on January 1, 2021 and this document has been listed on Puyallup's website in accordance with RCW 39.34.040. This Agreement shall be in place for one (1) year with automatic one (1) year renewals for each year after unless terminate in compliance with section 3 of this agreement. 3. TERMINATION (a) By either party. This Agreement may be terminated at any time by written notice from either party to the other party delivered by regular mail to the contact person identified in §4, provided that termination shall become effective sixty (60) calendar days after receipt of such notice. Notice will be presumed received 3 working days after the notice is posted in the mail. Within said sixty (60) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail. (b) In the event of termination of this Agreement for any reason, Federal Way shall compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, §24 Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Puyallup: Chief of Police Puyallup Police Department 311 W Pioneer Puyallup, Washington 98371 Contact: Corrections Lieutenant City of Federal Way: Chief of Police Federal Way Police Department 3325 8t' Ave South Federal Way, WA 98003 Contact: Commander Kurt Schwan 5. COMPENSATION a) Guaranteed Bed Rate. Puyallup agrees to accept and house one (1) female inmate and two (2) male inmates at the daily guaranteed bed rate of $125.28 per bed per day. The guaranteed rate is limited to the first three (3) contracted beds by Federal Way. This rate shall be paid for each bed and each day that this agreement is in place whether or not the beds are used by Federal Way. b) Non -Guaranteed Bed Rate. Federal Way may purchase beds, as available, at the daily rate of $158.28 per bed per day. However, Puyallup shall have the right to refuse to accept custody or house Federal Way inmates in excess of Federal Way's guaranteed bed commitment. COUNCIL MEETING DATE: January 18, 2022 ITEM #: 5 e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE DEPARTMENT OF COMMERCE GRANT POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department accept a $11,408 grant from the Washington State Department of Commerce to purchase Less than Lethal Equipment? COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: RAY BUNK, COMMANDER DEPT: Police Attachments: 1. Staff Report 2. Interagency Agreement 3. FWPD Technical Proposal 4. JAG Eligibility Forms Options Considered: 1. Approve the proposed agreement and authorize execution. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL:Ai-k!f7 C uniltec 2" initial ate Initial/Date initial Date. COMMITTEE RECOMMENDATION: I move to forward the proposed grant agreement to the January 18, 2022 �Council consent agenda for approval. �\�)At- \3 � 4 34DQ��, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed grant agreement and authorize the purchase of said less than lethal equipment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION 4 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 11, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Acceptance of Washington State Department of Commerce Less Than Lethal Equipment Program Grant Money Financial Impacts: There will minimal impact to City funds/police department's operating budget in the form of sales tax, not covered by the grant. There will be no overtime funding required, as all training will be done during normal working hours. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the Washington State Department of Commerce Less Than Lethal Equipment Program. The grant money will be used to purchase less than lethal weapons to be used by patrol officers and officers assigned to the Civil Disturbance Unit. Ten (10) less than lethal weapons and related equipment will be purchased with the $11,408 in grant money. This is a one-time grant opportunity. The proposed purchases will involve the FN 303 Mkt Less Lethal Launcher. According to the website, "... the FN 303 Mk2's improved operating system doubles its service life and cuts armorer maintenance in half. Built from lightweight, rugged polymer and driven by a compressed COz air tank, the FN 3038 Mk2 upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." The IN 303 Mk2 Less Lethal Launcher will also comply with new laws for less lethal equipment, as seen in Washington State House Bill 1054. 1 Washington State ►s�►p omimerce Interagency Agreement with through For City of Federal Way Less Than Lethal Equipment Program Purchase of less than lethal equipment Start date: November 15, 2021 TABLE OF CONTENTS Special Terms and Conditions 1. Authority........................................................................................ 2. Acknowledgement of Federal Funding..... 1 ............. 3. Contract Management ......................................... ............................... ........................ 1. 4. Compensation.........................................................................................................1 5. Expenses.............................................................................................1 6. Indirect Costs .......................................... .................................. 1 7. Billing Procedures and Payment .................................. ,............ ,............... ............... 1 8. Subcontractor Data Collection................................................................................2 9. Audit.........................................................................._.........................2 10. Debarment .............................................. ...,...,.....,.......................................2 11. Insurance..............................................................._...................................3 12. Order of Precedence ............................. ..,•............................................................... 3 General Terms and Conditions 1. Definitions............................................................ 2. All Writings Contained Herein..................................................................... .4 3. Amendments.............................................................................................. 4 4. Assignment....................................................................................----....................4 5. Confidentiality and Safeguarding of Information. ............................ .............. ---.4 6. Copyright...............................................................................................................5 7. Disputes..........................................................................................._.....................5 8. Governing Law and Venue...........................................................................................5 9. Indemnification.........................................................................................................6 10. Licensing, Accreditation and Registration.................................:................................6 11. Recapture................................................................................................................6 12. Records Maintenance............................................................................................6 13. Savings.....................................................................:........................................:......6 14. Severability...............................................................:..............................................6 15. Subcontracting.......................................................................................................6 16. Survival...................................................................................................................7 17. Termination for Cause..............................................:..............................................7 18. Termination for Convenience ................................... :............................................. 7 19. Termination Procedures..............................................................................-- ........7 20. Treatment of Assets......................................................................................:........8 21. Waiver....................................................................................................................8 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: F19-31440-507 Washington State Department of Commerce Community Services and Housing Division Office of Firearm Safety and Violence Prevention — Public Safety Unit Less Than Lethal Equipment 1. Contractor City of Federal Way 33325 8th Ave S V Federal Way, WA 98003 3. Contractor Representative Raymond Bunk Commander 253-835-6700 Raymond. bunk@cityoffederalway.com 2. Contractor Doing Business As (optional) 4. COMMERCE Representative Abigail Snyder P.O. Box 42525 Program Manager 1011 Plum Street SE 360-515-6205 Olympia, WA Abigail. Snyder@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source $11,408 Federal: ® State: ❑ Other: ❑ N/A: ❑ 9. Federal Funds (as applicable) $11,408 10.Tax ID# 91-1462550 7. Start Date 18. End Date November 15, 2021 I June 30, 2022 Federal Agency: CFDA Number: Department of Justice 16.738 11. SWV # 0015957 14. Contract Purpose To purchase less than lethal equipment. 12. UBI # 601-223-538 Indirect Rate (if applicable): Not Applicable 13. DUNS # 612509901 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work, Attachment "B" — Budget FOR CONTRACTOR FOR COMMERCE Raymond Bunk, Commander Date Diane Klontz, Assistant Director uaie APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW. 2. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: October 1, 2019 Federal Award Identification Number (FAIN): 2019-DJ-BX-0035 Total amount of the federal award: $3,303,848 Awarding official: Matt Dummermuth The Contractor agrees that any publications (written, visual, or sound) but excluding press releases, newsletters and issue analyses, issued by the Contractor describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by Grant No. 2019-DJ-BX-0035 awarded by Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Department of Justice. Grant funds are administered by the Office of Firearm Safety & Violence Prevention — Public Safety Unit, Washington State Department of Commerce." 3. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 4. COMPENSATION COMMERCE shall pay an amount not to exceed $11,408 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 5. EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $11,408, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 6. INDIRECT COSTS Contractor shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 7. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE at least quarterly, but, not more often than monthly. The invoice shall include the Contract Number F19-31440-507. Interagency Agreement Page I 1 F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the Contract through June 30, regardless of the Contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 8. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 9. AUDIT If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single audit requirement. The Contractor shall send all single audit documentation to auditreviewt5commerce.wa.goW. 10. DEBARMENT A. Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. Have not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in Interagency Agreement Page 12 F19-31440-507 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERAL FUNDS connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (Federal, State, or local) terminated for cause of default. B. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. C. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS i. The lower tier Contractor certifies, by signing this Contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. ii. Where the lower tier Contractor is unable to certify to any of the statements in this Contract, such Contractor shall attach an explanation to this Contract. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 11. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: ■ Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Interagency Agreement Page 13 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director of the Department of Commerce and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this Contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; All material produced by the Contractor that is designated as "confidential" by COMMERCE; and All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Interagency Agreement Page 14 F 19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. Interagency Agreement Page 15 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANC The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term Interagency Agreement Page 16 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the Contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Contract, COMMERCE, in addition to any other rights provided in this Contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. Interagency Agreement Page 17 F19-31440-507 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT FEDERALFUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Contract, which is in the possession of the Contractor and in which the Authorized Representative. has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this Contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Interagency Agreement Page 18 F19-31440-507 Attachment A Scope of Work Contractor shall purchase the following: • 30 FN Tactical W/ SCAR Buttstock, • 10 FN 303 MK2 Less Lethal Launchers, • 1 FN303 Fill Station Adapter, • 1 FN303 Magazine Assembly, ■ 1 FN303 10-Pack O-Rings w/ Lube, • 1 PK FN303 O-ring Overhaul Kit, • 1 FN303 Pava/OC Powder Less Lethal Projectiles, • 1 FN303 Inert Powder Less Lethal Projectiles, and • 1 FN303 Indelible Paint Less Lethal Projectiles Items will be purchased shortly after the Contract is executed. All officers with access to these less - than -lethal weapons shall receive training in the use of the equipment. The Contractor will report on the activities identified above on a quarterly basis. Quarterly reports will be due the 15th day of the month following the end of each calendar quarter of the award period. Interagency Agreement Page 19 F 19-31440-507 Attachment B Budget The budget for the award period of November 15, 2021 through June 30, 2022 is $11,408. Equipment Total $11,408 Note: The Contractor may not obligate or expend any funds under this award until a completed Federal Eligibility Package has been submitted to COMMERCE as identified in RFP 19-31440-1. Interagency Agreement Page 110 FWPD Technical Proposal 3.2—Technical Proposal (A) — Project Approach/Methodology 1—The City of Federal Way Police Department (FWPD) is a law enforcement agency that serves the Federal Way community, with a population of over 100,000 residents, and has been impacted by RCW 10.116.040. Not only were we forced to turn in valuable less -than -lethal options, such as our shotgun bean bag deployment, but there is also controversy regarding the use of less -than -lethal 40mm launchers. Many officers are hesitant to use this item, have turned them in, and/or stopped using them- 2 —There is a need for other less -than -lethal options. The removal of the less -than -lethal shotguns and 40mm launchers has limited our abilities to use valuable lethal options. This includes not only our patrol units, but also those assigned to the Valley Civil Disturbance Unit (VCDU). Without the ability to have longer ranged less -lethal -weapons, de-escalation techniques would suffer and an increase in lethal use of force incidents may occur. 3 — I will be in charge of the distribution and assignment of less -than -lethal weapons. I am currently assigned as a Patrol Commander and oversee all patrol shifts. The plan is to purchase ten (10) less -than - lethal weapons and distribute six (6) to FWPD patrol shifts (i.e. one per shift). These will be assigned to the patrol supervisor (lieutenant) or their designee. The primary function of these less -than -lethal weapons will be impact and impact with irritants. FWPD patrol officers respond to calls not only in our jurisdiction, but we are regularly called to support other law enforcement agencies in King and Pierce county, as well as calls involving the Washington State Patrol. I am also the Commander of both the FWPD Civil Disturbance Unit and the overall Commander of the Valley Civil Disturbance Unit (VCDU). VCDU consists of six (6) different agencies that deploy as a team to protests, riots, etc. These agencies consist of Renton, Auburn, Port of Seattle, Tukwila, Kent, and Federal Way. The VCDU responds to not only the listed jurisdictions, but we also deploy to several other jurisdictions around King and Pierce counties, such as Seattle, Tacoma, and Bellevue. VCDU also has the capabilities to assist other jurisdictions, to include those located in Thurston and Snohomish counties. Four (4) less -than -lethal weapons will be assigned to the FWPD VCDU contingency for use by our trained Special Ammunition Response Team (SART) to replace the 40mm and shotgun less -than -lethal weapons currently being used. The primary function of these less -than -lethal weapons will be impact, impact with irritants, and projectiles with "marking" capabilities. The removal of the ability to use CS gas has also required the use to use other types of less -than -lethal weapons. 4 — We plan to purchase these items through Curtis Blue Line, located in Kent, Washington. This company would be able to drop off the less -than -lethal weapons or we could arrange to obtain the items by going to their location. 5 — We plan to purchase ten (10) FN 303 Mkt Less Lethal Launchers, with related projectiles and maintenance equipment. This less -than -lethal weapon utilizes compressed air to launch projectiles serving as an impact weapon, with some rounds containing an irritant, and another round used for "marking" individuals. "Marking" and individual, particularly in a violent protest, allows officers to identify those involved in criminal activities to be clearly identifiable for later arrest. This is particularly helpful in violent protest situations where immediate arrest(s) may escalate the crowd and result in increased amount of force used and increased use of force incidents. This particular less -than -lethal weapon has reduced maintenance requirements and a longer service life. Per the website's description, "Built from lightweight, rugged polymer and driven by a compressed COz air tank, the FN 3030 Mkt upgrades FN's less lethal technology for today's officers, delivering increased accuracy with new, adjustable flip up metal sights and a MIL -STD 1913 top rail for optical or red dot sights. The fin -stabilized projectiles deliver optimum accuracy with maximum effectiveness and safety. Officers can quickly change from inert, marking, impact or irritant projectiles, with a clear view of the projectile type and remaining count in the magazine." As stated prior, these less -than -lethal weapons will be distributed to both patrol officers and members of the FWPD VCDU. 6 — For police officers at the City of Federal Way, training of less -than -lethal weapons occurs on an annual basis. Instruction for patrol officers is provided by "in-house" trainers. This includes both classroom and practical experience, with a related weapon qualification. For those officers who are on the VCDU, there is also additional classroom and practical experience conducted on an annual basis. Instructors for SART members of VCDU is provided by various firearms officers from the involved agencies. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Training and recertification will continue on an annual basis. Patrol units will be trained and certified upon receipt of the less -than -lethal weapons. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as advanced training related to protests and crowd control. VCDU SART training will first occur in the spring on 2022 and then recertification and continued training on an annual basis. Patrol and FWPD VCDU units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. 7 — N/A. (B) — Work Plan — Upon procurement of the less -than -lethal weapons, officers who will deploy the less - than -lethal weapons while on patrol will be identified and issued the weapons. After issuing the less - than -lethal weapons, training will take place. In house less -than -lethal weapon training consists of a one (1) hour classroom presentation of the current laws and approved practices, followed by a shooting qualification. Less -than -lethal weapons issued to FWPD VCDU members will also consist of in-house training, as well as advanced training related to protests and crowd control. In-house training will happen soon after procurement, with the advanced VCDU SART training occurring in the spring on 2022 and then recertification and continued training on an annual basis. Patrol units will receive additional training and recertification during departmental rifle qualifications, which occurs in the summer months. (C) — Project Schedule — Currently, our less -than -lethal weapons distributor has these items in stock, meaning the less -than -lethal weapons would be purchased and obtained soon after the grant money was received. There would likely be a delay, if the current stock was depleted and items needed to be ordered. The training for patrol units would happen soon after procurement. Initial training for VCDU SART members would occur with the patrol units and additional training and certification to occur in the spring of 2022. Using these timelines, these less -than -lethal weapons would be able to respond to patrol incidents this year and VCDU SART members could respond to incidents in the spring of 2022. (D) — Outcomes and Performance Measurement — The impact and outcomes of the use of less -than - lethal weapons is the reduction of the chances of lethal force use. Less -than -lethal weapons assist in de- escalation efforts of officer(s), in both the patrol and crowd control efforts. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year prior. During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were involved in incidents. This valuable information is then used for later training and potential policy changes. (E) — Risks —There are multiple risks involved with the use of less -than -lethal weapons. The first is the misuse of these tools by the officers who are issued the weapons. This risk will be mitigated by initial and reoccurring training to the officers who are issued the weapons. Additionally, all use of force incidents involving FWPD officers are carefully and thoroughly reviewed by five (5) different induvial of progressing rank to ensure the use of force is within current department policy and state and federal laws. Annually, the FWPD Administrative Unit conducts a review of all use of force incidents for the year prior. During this use of force examination, possible trends are examined and analyzed, to include departmental use of force, as well as the individual officers who were involved in incidents. This valuable information is then used for later training. These reviews be submitted to COMMERCE, upon request. Another risk would be the theft or misplacement of the less -than -lethal weapon itself. To mitigate this risk, inventories will be conducted on a regular basis and"officers will be instructed to keep the items locked up, either in a patrol vehicle or their personal work locker, when the weapon is not on their person. In the event a theft or loss of a less -than -lethal weapon, the incident would be reported to the COMMERCE. The current political environment is also a potential risk. If future legislative or court decisions deem these less -than -lethal weapons to be illegal, the items would need to be taken out of service and no longer utilized. This risk will be mitigated by constantly reviewing court decisions and new state and federal laws. (F) — Deliverables — These less -than -lethal weapons comply with RCW 10.116.040 as the projectiles are ejected using compressed air, rather than being deployed with an explosive device or substance. All officers with access to these less -than -lethal weapons shall receive training in the use of the equipment before the equipment is used by that peace officer. 3.3 — Related Information 1 - I have been unable to locate contracts with City of Federal Way or subcontractors during the past 24 months. 2 - I have only been able to identify on person who was an employee of the State of Washington in the past 24 months. This person is identified as Officer Conall Murphy — Former WSP Trooper now an officer assigned to patrol and in our Field Officer Training Program. He separated from WSP several months ago. 3 — N/A. Department of Commerce Innovation is in our nature. Justice Assistance Grant FFY 2019-2021 Justice Assistance Grant Eligibility Forms Lisa Brown Director Eliaibilitv Requirements Statement of Assurances..........................................................................................Form 1 ❑ Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) ................................................Form 2 ❑ Certification Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements .............. Form 3 ❑ National Environmental Policy Act (NEPA)........................................................... Form 4 ❑ Acknowledgement of Federal Funds....................................................................... Form 5 ❑ Acknowledgement of Allowable and Unallowable Costs ....................................... Form 6 ❑ Compliance with Relevant Federal and State Laws ................................................Form 7 ❑ CTFLITraining........................................................................................................Form 8 ❑ Civil Rights Training...............................................................................................Form 9 ❑ Civil Rights Requirements....................................................................................... Form 10 ❑ Equal Employment Opportunity Plan (EEOP) Certification...................................Form 11 ❑ Office of Civil Rights Compliance Checklist ..........................................................Form 12 ❑ Federal Funding Accountability and Transparency Act Certificate ....................... Form 13 ❑ Commercial Insurance, Risk Pool or Self Insurance ...............................................Form 14 ❑ General Information Regarding Risk Assessment ...................................................Form 15 ❑ Customer Satisfaction and Improvement: Customer Satisfaction and Improvement Form ....................................................... Form 16 ❑ SUBMISSION OF THIS PACKET One electronic copy of these Certifications and Assurances must be completed and submitted to be eligible to receive reimbursement with federal funds (any funds under this program). DUE DATE The package should be received by COMMERCE no later than November 15, 2021. Submission after this date will cause delay in your being eligible to receive reimbursement under this program. SUBMIT APPLICATION FORMS TO: Email: abi Bail. snyder@commerce.wa. gov Note': PDF is the preferred format for electronic submission If you have questions regarding the application or need technical assistance, please contact Abbie Snyder at abigail.s_nyder commerce.wa. ogo 1 ELIGIBILITY FORMS STATE OF WASIIINGTON DEPARTMENT OF COMMERCE The applicant: JUSTICE ASSISTANCE GRANT FORM 1 STATEMENT OF ASSURANCES 1. Has sufficient fiscal and management controls to implement and maintain the program in accordance with this application and program requirements. The Applicant has sufficient monetary resources to implement and maintain program operations in accordance with this contract. 2. Will provide full cooperation of administrative and program staff, and will provide availability of all records upon request and convenience of staff from the Department of Commerce; Office of the State Auditor; or U.S. Department of Justice, who are charged with monitoring program compliance and the use of funds provided. 3. Will comply with the requirements of the Justice Assistance Grant Program as published by the Department of Commerce and relevant federal agencies, and as embodied in statute. 4. Will comply with Title V of the Anti -Drug Abuse Act of 1988 and regulations promulgated by the federal government to maintain a drug -free workplace. 5. Will comply with Title II of the Americans with Disabilities Act of 1990. 6. Will not undertake any prohibited political activities with these funds including, but not limited to, voter registration; partisan political activity; lobbying congress, the Legislature, or any federal or state agency for project of jurisdictionally specific activity; or campaign for any ballot measure. Will comply with the provisions of Title 28, Code of Federal Regulations; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. 7. Guarantees that in performing any contract, purchase, or other agreement, the organization shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, marital status, national origin, political affiliation, or the presence of any sensory, mental, or physical disability. The organization agrees to take affirmative action to ensure that applicants are employed and that employees are treated during the employment without discrimination because of their race, color, religion, age, sex, political affiliation, handicap or national origin. Such action shall include, but not be limited to, employment upgrading, demotion or transfer, recruitment and recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and training. This guarantee shall implement federal, state, and any local equal opportunity and non-discrimination statutes. The applicant further will, without delay, bring any finding of an equal opportunity or non-discrimination violation to the attention of the Department of Commerce. PLEASE NOTE: THE DEPARTMENT'S ACCEPTANCE OF THIS APPLICATION FOR FUNDING IS SUBJECT TO SUBSEQUENT COMPLIANCE REVIEWS THAT MAY REQUIRE CORRECTIVE ACTION BY THE APPLICANT. AUTHORIZED SIGNATURE BY THE APPLICANT GUARANTEES ASSURANCES THAT ARE CONTAINED ON THE APPLICATION FACE SHEET. 9. Authorized Signature for the Applicant: SIGNATURE PRINTED NAME OF SIGNATURE DATE TITLE 3 STATE OF WASHINGTON DEPARTMENT OF COMMERCE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER JUSTICE ASSISTANCE GRANT FORM 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS (SUB -RECIPIENT) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies by submission of this proposal that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name and Title of Authorized Representative Signature Name of Organization Address of Organization Date M INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower -tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower -tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower -tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower -tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower -tier covered transaction," "participant," " person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower -tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower -tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower -tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower -tier covered transactions and in all solicitations for lower -tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower -tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment STATE OF WASBINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 3 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 regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this farm provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and Government - wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 A. The applicant certifies that it and its principals: 3 (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on -going drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (b) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (c) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her corviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (d) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to 7 Department of Justice Office of Justice Programs ATTN: Control Desk 810 Seventh Street, N.W., Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant; (e) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (f) 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. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Statewide Check X if there are workplaces on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check if the State has elected to complete OJP Form 4061/7. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name: 3. Grantee IRSNendor Number 4. Type/Print Name and Title of Authorized Representative 5. Signature 6. Date OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4061/3 AND 4061/4 WHICH ARE OBSOLETE. OFFICE OF JUSTICE PROGRAMS BJA NIJ OJJDP BJS OVC STATE OF WASIIINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 4 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) The following information is required from each federal grant recipient. The Department of Commerce will consolidate all responses and submit a consolidated response to the U.S. Department of Justice as required. Please check one of the blanks to the left of each item below to indicate whether or not the activity described is being undertaken to support or facilitate the federally funded activity by the grant recipient or any other party. (Note —the source of funds utilized is irrelevant to your response.) (Note —if the activity is being undertaken without regard to the presence or operation of a federally funded activity, the item should not be checked.) Yes Activity N/A ❑ ❑ 1. New Construction 2. Minor renovation or remodeling of a property either: ❑ ❑ a. listed or eligible for listing on the National Register of Historical Places ❑ ❑ b. located within a 100-year flood plain 3. Renovation, lease, or any proposed use of a building or facility that will either: ❑ ❑ a. result in a change in its basic prior use (between industrial, office, residential, etc.) ❑ ❑ b. significantly changes its size (total structure, not program's portion thereof) 4. Implementation of a new program involving use of chemicals other than: ❑ ❑ a. chemicals purchased as an incidental component of the funded activity ❑ ❑ b. traditionally used (e.g., for office, household, recreational, educational environments) If any item above is checked, a clarification of the activity may be requested. Response is made related to the following Byrne funded program/project: Project: Signature: _ Typed Name: Representing: Date: Title: E STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 5 ACKNOWLEDGEMENT OF FEDERAL FUNDS The recipient shall submit to the Department of Commerce, for re -submission to the Bureau of Justice Assistance, one copy of all reports and proposed publications resulting from this grant twenty (20) days prior to public release. Any written, visual, or audio publications, with the exception of press releases —whether published at the grantee's or government's expense —shall contain the following statements: "This project was supported by award number 2018-DJ-BX-0187 by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the National Institute of Justice, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document do not represent the official position or the policies of the United States Department of Justice." The undersigned agrees to the above requirements. Signature Name of applicant organization Printed Name 10 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 6 ACKNOWLEDGEMENT OF ALLOWABLE AND UNALLOWABLE COSTS ALLOWABLE COSTS Allowable uses of federal grant funds include, but are not limited to, the following as they relate to the coordination and implementation of activities performed under the goal(s), objectives, and activities of the grant as described on Attachment A of the Grant, including: • Operating costs, including: o Approved personnel costs (salaries and benefits). o Overtime o Costs reflected in the project budget proposal (such as training fees, printing, supplies, or contractual services). • Procurement and installation of equipment (limitations may apply to high dollar items) • Space and utilities, to the extent utilized for the approved project. • Travel, per diem, and lodging at the federally approved rates. • Printing and duplication of written and visual materials. UNALLOWABLE COSTS Unallowable uses of federal grant funds include: ■ Confidential funds, unless the applicant has completed/submitted a federal Confidential Fund Certificate to the Department of Commerce, and Commerce has approved the certificate. • Body Armor/Vests, without specific prior approval (special conditions apply) • Body Worn Cameras, without specific prior approval (special conditions apply) • Food, beverages or other refreshments for meetings, conferences, or training (prohibition does not apply to standard per diem when otherwise authorized) • Vehicles, vessels, and aircraft/drones (all except `patrol' vehicles, those require pre -approval) ■ Construction • Land acquisition • Weapons and Ammunition • Victim compensation (direct payment) • Losses arising from uncollected accounts • Contributions to a contingency reserve • Contributions or donations • Entertainment • Fines and penalties (includes flight/hotel and other cancellation fees) • Interest and other financial costs • Consultant fees (above a reasonable and consistent rate for similar services, and/or above $650 for an eight -hour day —excluding travel and per diem) The undersigned agrees to the above requirements. Signature Name of applicant organization Printed Name 11 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 7 COMPLIANCE WITH RELEVANT FEDERAL AND STATE LAW All recipients of federal grant funds under this program must comply with all relevant federal and state laws and regulations. Which laws and regulations are relevant may vary dependent upon the specifics of the grant program(s) providing funding and the activities supported with such funding. The laws and regulations generally relevant to this grant program include, but are not limited to the following laws and regulations: Financial Management System Financial Management System, Title 2, Part 200 CFR, section 200.302 and .303 Cost Principles and Administrative Requirements, Title 2, Part 200 CFR, Appendices to Part 200 as appropriate State budgeting, accounting, and reporting system, Chapter 43.88 RCW Non -Supplanting, USDOJ OCFO's Financial Guide (as amended), Sec. 2.3 Standards for Financial Management Systems Audits Title 2, Part 200 CFR (the Omni Circular), Subpart F-Audit Requirements Laws Against Discrimination Affirmative Action, RCW 41.06.020 (1) Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86) Omnibus Crime Control and Safe Streets Act of 1968 (42 USC USC § 3789d) Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs Civil Rights Act of 1964 (42 U.S.C. § 2000(d)) 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures) Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60 Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a) Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d et seq, 24 CFR Part 1 Nondiscrimination in Employment, Title V11 of the Civil Rights Act of 1964, Public Law 88-352 Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60 Discrimination - Human Rights Commission, Chapter 49.60 RCW Executive Order 13559 (Fundamental Principles and Policymakers Criteria for Partnerships with Faith -Based and Other Community Organizations); 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Partnerships with Faith -Based and Other Community Organizations) Americans with Disabilities Act of 1990 (Title 11, and 42 U.S.C. §§ 12131-34) Rehabilitation Act of 1973 (29 U.S.C. § 794) Continued on Reverse Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C.793 12 Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794 Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631 Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551 Office of minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC Notification of Findings of Discrimination or Non -Compliance Policies Regarding Cooperation with Homeland Security, 8 U.S.C. Section 1373 Laws Regarding Ethics, Lobbying, Liability and Public Access Federal Funding Accountability and Transparency Act of 2006 (FFATA) Conflict of Interest, Ethics in Public Service Act, Chapter 42.52 RCW Ethics in Public Service, Chapter 42.52 RCW Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying Amendment). 31 U.S.C. 1352 Hatch Political Activity Act, 5 U.S.C. 1501-8 Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54 Disclosure -Campaign Finances -lobbying, Chapter 42.17A RCW Omnibus Crime Control Act and Safe Streets Act of 1968 (42 U.S.C. § 3789d) Victims of Crime Act (42 U.S.C. § 10604(e)) Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102 Housing and Urban Development Act of 1968, Section 3, 12 USC 1701u (See 24 CFR 570.607(b)) Housing Assistance Payments Program, Section 8, Confidentiality/Safeguarding of Information, Sub -Award Document Text, General Conditions Paragraph 10 Privacy Act of 1974, 5 U.S.C. 552a Boards of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264 Open Public Meetings Act, Chapter 42.30 RCW Public Records Act, Chapter 42.56 RCW Labor and Safety Standards Convict Labor, 18 U.S.C. 751, 752, 4081, 4082 Drug -Free Workplace Act of 1988, Title V, and 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5 The undersigned acknowledges the above notice of relevant laws and regulations. Signature Name of applicant organization Printed Name 13 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 8 CENTER FOR TASK FORCE LEADERSHIP AND INTEGRITY TRAINING Every individual participating in a task force, overseeing or reimbursed with federal funds under this program must complete the relevant CTFLI training as presented at https://www.centf.org/CTFLII. Individuals responsible for program evaluation or assessment of compliance with either federal or program rules and regulations for this program must complete each training module within 120 days of assuming that position/duty or within one year of the beginning of the current contractual period, whichever is later. I certify that I have completed the training as specified above. W I attest that I am within 120 days of assuming a position requiring the training specified above and will notify COMMERCE when I have completed that training. Signature Printed Name Title Dat 14 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 9 CIVIL RIGHTS TRAINING An individual representing each entity receiving reimbursement under this program is required to complete the Office of Justice Programs, Office for Civil Rights —Training for Grantees located at: bnp://ojv.p,ov/aboutloer/ocr-training:!videos/video-ocr-traininiz.htm or training at least equivalent to that training, and return this completed certification prior to drawdown of grant funds. Select one of the two training options: 1.Office for Civil Rights — Training for Grantees as specified below: _ Module Len h ❑ Overview.................................................................................................................................32:10 ❑ Overview: Self Test.................................................................................................................11:37 ❑ Service to LEP Persons ...................................... ..................................................................... 19:53 ❑ Test: Service to LEP Persons....................................................... ............................................. 6:02 ❑ State Administering Agencies ..... (Grantees with Sub -Recipients only)............................27:37 ❑ Test: State Administering Agencies (Grantees with Sub -Recipients only)..............................6:48 ❑ Faith -Based Organizations .............................. ................. ....................................................... 15:27 ❑ Test: Faith -Based Organizations............................................................................................... 8:29 ❑ American Indians....................................................................................................................10:40 ❑ Test: American Indians .............................. ...................................................................... :........ 6:01 ❑ Standard Assurances ................................................. ........................................... .................... 12:41 ❑ Test: Standard Assurances.........................................................................................................4:38 2. Other training at least equivalent to the Office for Civil Rights — Training for Grantees Optional training videos are available from the Office for Violence Against Women and may be reviewed at: https://search justice.gov/search?affiliate justice&op=Search&page=2&query=videos As the individual with primary functional responsibility for equal opportunity and civil rights compliance for the applicant jurisdiction or organization, I hereby certify that I have completed the on-line training modules identified above, or have received equivalent professional `HR' training equivalent to that identified above, or a comprehensive update on such equivalent training, within the last two years. For the State Administering Agencies module and the test for that module, I have consulted with the primary grant manager for this award program as to whether there are or will be sub -recipients, and completed those modules or equivalent training if applicable. This certificate is valid for two years from the date of execution. SIGNATURE OF OFFICIAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 15 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 10 CIVIL RIGHTS REQUIREMENTS 1. LIMITED ENGLISH PROFICIENCY To ensure compliance with the Omnibus Crime Control and Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964, grant recipients must take reasonable steps to ensure that Persons with Limited English Proficiency have meaningful access to services and legal protections. Meaningful access may entail providing language assistance services where necessary, including oral and written translation. Assistance in understanding grant recipient's obligations under the law may be found in the Department of Justice's Guidance to Federal Financial Assistance Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficiency Persons (LEP Guidance), which can be found at 67 Fed. Reg. 41455 (June 18, 2002). Additional assistance regarding LEP obligations and information may be found at www.lep.gov. 2. FEDERAL NON-DISCRIMINATION RE UIREMENTS The applicant will comply with any applicable federal nondiscrimination requirements, which may include: * the Omnibus Crime Control Act and Safe Streets Act of 1968, as amended (42 U.S.C. 3789d); * the Victims of Crime Act of 1984 as amended (42 U.S.C. § 10604(e)) and 28 CFR § 94.114; * the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)) as amended; * Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000(d)); * the Rehabilitation Act of 1973 (29 U.S.C. § 794); * the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131-34); * the Education Amendments of 1972 (20 U.S.C. §§ 1681,1683,1685-86); * the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); * 28 C.F.R. Part 42 (U.S. Department of Justice Regulations — Nondiscrimination, Equal Employment Opportunity, Policies and Procedures); * Executive Order 13559 (Fundamental Principles and Policymakers Criteria for Partnerships with Faith -Based and Other Community Organizations); * 28 C.F.R. Part 38 ((U.S. Department of Justice Regulations — Partnerships with Faith - Based and Other Community Organizations); * 28 CFR § 31.202, 403; * Violence Against Women Act (VAWA) of 1994, as amended (42 U.S.C. § 13925(b)(13)); and Applicable Department of Justice regulations implementing the above -referenced statutes The applicant shall further comply with Federal law prohibiting grant recipients from retaliating against individuals taking action or participating in action to secure rights protected by federal law. 3. NOTIFICATION OF FINDINGS OF DISCRIMINATION OR NON-COMPLIANCE 16 In the event a state or federal court, or a state or federal administrative agency, makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, age, disability, or sex, sexual orientation or gender identity against the applicant or a program partner or participant receiving grant funds, the applicant will forward a copy of the finding to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and the Department of Commerce (COMMERCE). The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. The applicant shall include a statement clearly stating whether or not the finding is related to any grant activity supported with a grant in which U.S. Department of Justice Funds are involved, and shall identify all open grants utilizing U.S. Department of Justice funding by contract number and program title. 4. EguAL EMPLOYMENT OPPORTUNITY PROGRAM JEEOP) The applicant will determine whether it is required to formulate an Equal Employment Opportunity Program (EEOP), in accordance with 28 C.F.R. 42.301 et. seq. If the applicant is not required to formulate an EEOP, it will submit a certificate form to the U.S. Department of Justice, Office of Justice Programs, Office of Civil Rights (OCR), and Washington State Department of Commerce (COMMERCE) indicating that it is not required to develop an EEOP. If the applicant is required to develop an EEOP but not required to submit the EEOP to the OCR, the applicant will submit a certification to the OCR and COMMERCE certifying that it has an EEOP on file which meets the applicable requirements. If the applicant is awarded a grant of $500,000 or more and has 50 or more employees, it will submit a copy of its EEOP to the OCR and COMMERCE. Non-profit organizations, federally recognized Indian Tribes, and medical and educational institutions are exempt from the EEOP requirement, but are required to submit a certification form to the OCR to claim the exemption. A copy of the certification form will also be submitted to COMMERCE. Information about civil rights obligations of grantees can be found at http.//www.oW.usdo�ov/ocr/ 5. APPLICANT DUTY To ENSURE SUB -RECIPIENTS COMPLIANCE The applicant is required to ensure compliance with this requirement by any program partner or participant receiving funding under this grant. As the individual with primary functional responsibility for equal opportunity/civil rights compliance for the applicant jurisdiction, I hereby certify that the applicant will comply with the above Civil Rights requirements specified in this certification. SIGNATURE OF INDIVIDUAL WITH FUNCTIONAL RESPONSIBILITY TITLE OF OFFICIAL COMPLETING THE CERTIFICATION JURISDICTION/ORGANIZATION REPRESENTED DATE 17 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 11 EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) CERTIFICATION Recipient Name and Address: Grant Title: Justice Assistance Grant — Washington State Grant Number: _ Subaward No.: Award Amount: Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 CFR Sections 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file, and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section B below. Recipients that claim the limited exemption from the submission requirement must complete Section C below. Recipients should complete Section A, B or Section C, not multiple sections. If a recipient receives multiple federal grants, please complete a form for each grant, Do Not Use Another Grant's Certificate when completing this application package. Section A — Declaration of Compliance with the EEOP Requirement I, [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that. [recipient] has prepared an EEOP and if appropriate submitted to the Office of Civil Rights, US Department of Justice a copy, pursuant to 28 CFR. Print Name of Individual with Signature Primary Functional Responsibility Date Section B - Declaration of Claiming Complete Exemption from the EEOP Requirement. Please check all boxes that apply. ❑ Recipient has less than 50 employees ❑ Recipient is an Indian Tribe ❑ Recipient is a non-profit organization ❑ Recipient is an educational institution ❑ Recipient is a medical institution ❑ Recipient's award is less than $25.000 I, _ [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 CFR Sections 42.302. I further certify that [recipient jurisdiction] will comply with the applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print Name of Individual Signature Date Section C - Declaration Claiming Exemption from the EEOP_Submission Requirement and Certifying that an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP for review to the Department of Justice as long as it certifies the following (42 CFR Section 42.305): I, [individual with primary functional responsibility for equal opportunity/civil rights compliance for the jurisdiction], certify that [recipient jurisdiction], which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR Section 42.301, et. seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of [organization], at [address], for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, as required by relevant laws and regulations. Print Name of Individual with Signature Primary Functional Responsibility Date 18 Insert copy (image) of: Email a copy of the EEOP Utilization Report including signature/approval page(s) to abigail.snyder@commerce.wa.gov 19 STATE OF WASHINGTON DEPARTMENT OF COMMERCE Office of Civil Rights Compliance Checklist JUSTICE ASSISTANCE GRANT FORM 12 A. Federally -Mandated Activities: Equal Opportunity Program 1. EEOP total exemption criteria: Yes No Yes No N/A a. Recipient agency (total agency/jurisdiction, not just applying X component) has less than 50 employee b. Recipient.agency is an educational institution X C. Recipient agency is an Indian Tribe X d. Recipient agency is a medical institution X e. Recipient agency is a non-profit organization X f. Recipient agency's award is less than $25,000 X g- Recipient; agency's award is less than $500,000 X Totally Exempt? Is any complete exemption factor above (1a. thru 1f.) a "Yes"? In comments enter "EEOP Total Exemption" or " EEOP Required" X 2. If totally EEOP exempt recipient agency has certified it is so exempt and that it will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services X Not Totally Exempt: 3. If the award is for $500,000 or more, EEOP submission made to the USDOJ Office of Civil Rights 4. Was the EEOP submitted to COMMERCE 5. Approval and Expiration dates Effective: Expiration: 6- EEOP is available for review _ 7. If the award is for less than $500,000 EEOP Certification Form has been submitted to COMMERCE 8. EEOP has been formulated and signed into effect within the past two (2) years Generic Civil Rights Compliance (Non-EEOP): 9. How does the agency notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, and age in the delivery of services (e.g. posters, inclusion in brochures or other program materials, etc.) Job Announcements Web Site Posters Other (specify) 20 Office of Civil Rights Compliance Checklist 10. How does the agency notify employees and prospective employees that it does not discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity and disability in employment practices (e.g. posters, dissemination of relevant orders or policies, inclusion in recruitment materials, etc.) Yes No N/A Job Announcement Orientation Training Web Site Refresher Training Posters Employee Handbook Other (specify): 11. Written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the agency with PG&R and the USDOJ Office for Civil Rights — Explain 12. Grievance Procedures — Notification — Training - Point of Contact Item 12a thru 12c apply only if both Items 1 a and 1f are 'No' Adopted grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 CFR Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services a. Policy & Procedures Web Site or Intranet Employee Handbook I Collective Bargaining Agreement Other (specify) b. Designated a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 CFR Part 42, Subpart G Designee's Title: c Notified participants, beneficiaries, employees, applicants, and others that the agency does not discriminate on the basis of disability - How Does the agency conduct any training for its employees on the requirements under federal civil rights laws - Explain Job Announcement Orientation Training Web Site Refresher Training Posters Employee Handbook I Other (specify): d. Orientation Training Supervisor's Training 1 Refresher Training (type): . Other (specify): Limited English Proficiency r y Jurisdiction Law in general Enforcement 113.1 Steps has the agency taken to provide meaningful access to its programs and activities to persons who have limited English proficiency (LEP) Assessed LEP population & critical services _ Hiring LEP language proficient speakers Training personnel in LEP languages Coordinating for LEP speakers in advance LEP speakers called upon contact Language Line used Corresponding common phrase (crib) sheets 21 U171Ce of UVII KGgnts uom lance GneCKIlsi 14 Limited English Proficiency (LEP) — Written policy on providing language F Jurisdiction in general Law Enforcement 4 access to services Not a requirement, a question) Yes No N/A 15 Education Program or Activity operated by the agency, has the a ency taken the following actions: a. Adopted grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 CFR Part 54, which prohibit discrimination on the basis of sex Designee's b. Designated a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 CFR Part 54 - Who Title: c. Notified applicants for admission and employment, employees, students, parents, and others that the agency does not discriminate on the basis of sex in its educational programs or activities 16 Religious Activities, if subrecipient is a religious institution or a faith -based X organization: a. Provide notice actual & potential beneficiaries that the subrecipient does X not discriminate in the delivery of services based on religion b Provide notice that if beneficiaries object to the `religious character' of the subrecipie,nt, the subrecipient will make a reasonable effort to find an X alternative service provider in close geographic proximity X C. Keep a record of requests for an alternative service provider and their efforts to find such, and their follow-up with the requestor 17. Finding/Rulings a. Has the contractor, or its subcontractors/formal participants, had any formal findings or rulings against it or its key officers regarding Equal Opportunity (grounds of race, color, religion, national origin, or sex), within the last two years? — Explain if Yes Was COMMERCE (or Task Force Lead agency) and USDOJ Office of Civil b. Rights promptly notified of any finding? Corrective action, as negotiated or directed, been implemented? c. 18. In accordance with the Federal Civil Rights Compliance Checklist, incorporated in this section of the monitoring tool, does the agency appear to be in full Comments: compliance with federal law and regulation 22 Office of Civil Rights Compliance Checklist B. Drug -Free Workplace 19. Does the agency have a Drug -Free Workplace policy in 20. Who administers the Drug -Free Workplace Program? 21. Do the provisions include: • Counseling 0 Rehabilitation 6 Employee Assistance 22. Do violations result in: • Termination 0 Penalties 0 Rehabilitation 23. Has any employee of the contractor, or its subcontractors/formal participants, been convicted of a criminal drug offense on the job or premises, within the last two years? 24. Was COMMERCE (or Task Force lead agency) notified promptly (within 5 days, _ BJA within 10 days of the conviction)? 25. Was appropriate personnel action taken within 30 days? Conflict of Interest 26. Has any allegation or finding of Conflict of Interest been made against any employee or official of the contractor, or its subcontractors/formal participants, in relation to the grant within the last two years? (Limit response to project's personnel, supervisors and policy chain) 27 Was COMMERCE (or Task Force lead agency) notified promptly (within 30 days; if actively investigated, after conclusion of the investigation)? 28 Describe the allegation or finding Yes No N/A Office or Position Title: Certification: The undersigned certify that the above is a true representation of the Civil Rights and other issues covered by this checklist. For (responding City, County, Tribal Jurisdiction, or Non -Governmental Entity): Signature (of Human Resources/Personnel Respondent) Date Signature (of grant activity coordinator (items 13,14,17 & 23-27)) Date Name/Title of Respondent Name/Title of Respondent Note: Project coordinator/liaison (right signature block) should respond to questions with color accented line numbers (13, 14, 17 & 23-27) as in some jurisdictions these events are resolved between department heads and the executive council, and are not consistently reported to Human Resources/Personnel. 23 STATE OF WASHINGTON DEPARTMENT OF COMMERCE JUSTICE ASSISTANCE GRANT FORM 13 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) Section 1 Agency/Jurisdiction Legal Name: Section 2 Responses should be for the entire Jurisdiction/Organization, not just the department /division to utilize grant funds. a) Total Federal Revenues for the prior fiscal year (ARRA, Non-ARRA, Directly & Indirectly received) b) Is `a' above equal to or greater than $25,000,000? Yes No c) If `b' above is `No', skip to Section 3 a), enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. d) Total Revenue ( including Federal Revenue) for the prior fiscal year e) Calculation: a - d (Total Federal Revenue divided by Total Revenue) f) Is `e' above equal to or greater than .8? Yes g) If `f above is `No', skip to Section 3, enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting may be required. h) Have you filed senior executive's compensation with either of the following? 1. Securities & Exchange Commission (under sec 13(a) or 15(d) of the Securities Exchange Act of 1954) 2. Internal Revenue Service (Sec 6104 of the Internal Revenue Code of 1986) i) If `h' above is `Yes', skip to Section 3a), enter check `Not Required' and execute the certificate, otherwise continue, compensation reporting is required. Yes (Circle One) (Circle One) (Circle One) M No 24 Section 3 Compensation Reporting Requirement: a) Not required to report senior executive compensation. (Sec 2b or 2f = `No', or 2h = `Yes') b) Enter the name, title and total compensation of the five individuals receiving the greatest total compensation for the reporting jurisdiction (or agency if the Grantee is not a unit of state, local or tribal government). Name 1. 2. 3. 4. 5. Section 4 Title Compensation I, am the chief financial officer of the jurisdiction/organization or their designated representative, and certify that the data presented on this form is an accurate reflection of the jurisdiction's/ organization's fiscal records. Signature Printed Name Title Date 25 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 14 COMMERCIAL INSURANCE, RISK POOL OR SELF INSURANCE Cities and Counties receiving grant funds directly from Commerce under this program must have: Automobile Liability. In the event that performance pursuant to this Agreement involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Agreement activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Employers Liability. Insurance providing wage replacement and medical benefits to employees injured in the course of employment, filling the gaps between Worker's Compensation and Commercial General Liability. Fidelity Insurance. The Contractor shall maintain insurance coverage at least equal to the awarded funds under this agreement to protect against fraudulent acts by individuals authorized to receive or deposit funds into program accounts, or to prepare or issue financial documents, checks, or other instruments of payment for program costs. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Worker's Compensation. Coverage of employees which in the course of employment incurred bodily injury (including death) by accident or disease that arises out of or in connection with the performance of the grant agreement. The agency executing the grant award for this program shall provide insurance coverage as set forth above. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company or risk pool authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Grantee shall submit to COMMERCE, within 15 days of being requested, a certificate of insurance which outlines the coverage and limits defined in this insurance section. Commerce will be named as an additional insured on this certificate. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant SIGNATURE OF INDIVIDUAL WITH FUNCTIONAL RESPONSIBILITY JURISDICTION/ORGANIZATION REPRESENTED TITLE OF OFFICIAL COMPLETING THE CERTIFICATION DATE 26 ATE OF WASHINGTON JUSTICE ASSISTANCE GRANT ;PARTMENT OF COMMERCE F��'rere�� FORM 15 z � o � ¢ 7 STATE OF WASHINGTON OFFICE OF FIREARM SAFETY & VIOLENCE PREVENTION PUBLIC SAFETY UNIT 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 (360) 725-2895 •1-866-857-9889 Jurisdiction/Organization/Tribe: Click or tap here to enter text. Recipient Program/Department: Click or tap here to enter text. Person(s) completing the form: Click or tap here to enter text. Title: Click or tap here to entertext. Phone/Email: Click or tap here to enter text. Date submitted to Commerce: Click or tap here to enter text. Assessment Questions _ Please answer each question completely and provide supporting details where requested. Explain any organizational restructuring that occurred within the last 12 months that affect Commerce contracts or grants. Make sure to discuss the following: • Organizational changes (divisions, departments, units) e Programmatic changes (services being provided, level of services, etc) ® Business systems (which can include financial, human resources, programmatic, etc) Provide details of the restructuring, the timeframe for which this has/is occurring and the 1 1 status of the change. Click or tap here to enter text. ❑ Check box if no relevant organizational restructuring has occurred within the last 12 months. Has the organization expanded services or created new services within the last 24 months? ❑ Yes ❑ No If yes, please describe and list the new or existing resources that support this expansion in services. Click or tap here to enter text. 27 3 Describe turnover in key positions during the past 12 months in those areas of the organization that administer or support OFSVP Public Safety Unit programs for the following categories. Along with the description, include the number of positions/FTEs for each category. - Executive Management/Tribal Executive Management Staff Fiscal Council, Commissioners/Tribal Council Describe your plan and timeframe for filling, training, or covering the duties of any vacant positions. Click or tap here to enter text. ❑ Check box if there has been no turnover in key positions during the past 12 months. Does your organization/Tribe have any pending or recent past litigation or legal action? ❑ Yes ❑ No If yes, please describe the litigation or legal action. Click or tap here to enter text. Has your organization/Tribe terminated or has Commerce terminated any contracts in the last 24 months because of performance or compliance issues? ❑ Yes ❑ No If yes, please explain the circumstances. Click or tap here to enter text. Does your organization/Tribe have funders other than the OFSVP Public Safety Unit who monitor (non -audit) contracts and grants? ❑ Yes ❑ No If yes, please list them and include the frequency in which monitoring is conducted. Click or tap here to enter text. 28 Have you had an audit in the last 24 months? ❑ Yes ❑ No If no, explain why an audit was not needed or required. Click or tap here to enter text. 7 If you have had an audit, explain the type of audit (e.g. financial, federal compliance, internal control, etc). Click or tap here to enter text. List any audit findings you have received from an external entity within the last 24 months. Click or tap here to enter text. If findings were included in the audit, please describe the corrective action plan and state if it 8 is either in progress (providing detail on the status for implementation) or has been completed. Click or tap here to enter text. ❑ Check box if there were no findings. Have you, or do you intend to sub grant or sub contract any funds received from OFSVP Public Safety Unit? ❑ Yes ❑ No 9 If yes, how do you monitor your sub grantees/sub contractors services and expenditures? Click or tap here to enter text. What percent of your organization's annual budget is government funding (federal and state)? 10 1 ❑ Under 10% ❑ 10 — 30% 1130 — 50% ❑ More than 50% Does 20% or more of the total funding for your organization come from OFSVP Public Safety Unit? Please use a two or three year analysis to answer this question. ❑ Yes ❑ No If your organization has experienced "funding swings" where one fiscal year you do receive 11 20% or more of your total funding from OFSVP Public Safety Unit and in another year you do not, please explain why this has occurred. Click or tap here to enter text. 12 Explain the management and the board/or council's role in the following: • Monitoring financial and programmatic compliance 29 • Evaluating or assessing the performance of the executive director • Developing policy • Reviewing programmatic results Click or tap here to enter text. How many years has your organization/Tribe administered federal or state funds? • Federal funds: ❑ less than 2 years 112 — 5 years ❑ more than 6 years • State funds: ❑ less than 2 years ❑ 2 — 5 years ❑ more than 6 years List specific experience in government grant administration and government contract administration for the following staff: • Executive Management: ❑ less than 2 years ❑ 2 — 5 years ❑ more than 6 years • Fiscal/Bookkeeping Staff: ❑ less than 2 years ❑ 2 — 5 years ❑ more than 6 years Include the total number of years of experience for each of the categories above. I certify that the information pro' Signature Print or type name and positior 30 STATE OF WASHINGTON JUSTICE ASSISTANCE GRANT DEPARTMENT OF COMMERCE FORM 16 CUSTOMER SATISFACTION AND IMPROVEMENT The following questions are intended to help us improve our application process. Please indicate your agreement/disagreement with the following statements. Your responses will not impact the evaluation of your application in any way. 1: Strongly Disagree 2: Disagree 3: Neither Agree Nor Disagree 4: Agree 5: Strongly Agree 1. The application instructions were clear. 1 2 3 4 5 2. The application questions were easily understood. 1 2 3 4 5 3. I was able to receive the assistance I needed from Commerce to complete the application. 1 2 3 4 5 4. I had adequate time to prepare the application prior to the deadline. 1 2 3 4 5 5. Given program requirements, the application process was reasonable. 1 2 3 4 5 6. Which forms or portions thereof were particularly difficult to understand or respond to, and do you have any recommendations for how they should be presented? 31 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. c) Administrative Booking Rate. Puyallup will authorize Federal Way Police Officers to transport misdemeanor level suspects to its jail for administrative booking. Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail policies and standard operating procedures and detaining those suspects until booking information, including fingerprints and photographs, are obtained. Following the booking process, suspects shall be transported by Federal Way Officers back to the City of Federal way where they will be released. As compensation for the administrative booking services, Federal Way shall pay Puyallup sixty-two dollars ($62.00) for each administratively booked individual. Any other costs associated with the administrative booking process shall be the sole responsibility of the City of Puyallup. d) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of the Seattle -Tacoma -Bellevue CPI-U first half index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January I of each year unless otherwise negotiated and agreed by the parties. (For example, the 2022 Seattle -Tacoma -Bellevue CPI-U first half index will set the amount of the January 1, 2023 increase to Bed Rate and Administrative Booking Rate.). e) Billing and Payment__ Puyallup agrees to provide Federal Way with an itemized bill listing all names of inmates who are administratively booked or housed, the number of days housed (including date of booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide said bill by the last day of each following month. Federal Way agrees to make payment to Puyallup within 30 days of receipt of such bill for the amount billed for the previous calendar month. 6. SERVICES PROVIDED Puyallup agrees to provide jail services or administrative booking for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 7. Booking Inmates shall be booked pursuant Puyallup's booking policies and procedures. Inmates transported by Federal Way that are not acceptable at booking, will be the responsibility of Federal Way to transport back to Federal Way. Pursuant to RCW 70.48.130, and as part of the booking procedure, Puyallup shall obtain general information concerning the inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which the inmate is entitled. The information is to be used for third party billing. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Puyallup to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Puyallup, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Puyallup shall provide facilities for consultation and communication between inmates and their legal counsel. It shall also be the responsibility of Puyallup to calculate "good time" accrued in and subsequent release of the inmate in accordance with the Puyallup's standard practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and procedures related to inmates housed in the Puyallup Jail. 9. RIGHT TO REFUSAL To the greatest extent permitted by law, Puyallup shall have the right to refuse to accept Federal Way inmates or to return a Federal Way inmate to Federal Way if in the judgment of Puyallup, the inmate has a current illness or injury which may adversely affect the operations of the Puyallup Jail, has history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. Further, Puyallup may refuse to accept an inmate if the jail is at or near capacity or if in the judgement of Puyallup that accepting an inmate may create a risk to the safety of persons or property. 10. RETAKING OF INMATES Upon request from Puyallup, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Puyallup. 11. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Puyallup Jail upon booking of an inmate. Federal Way is also responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of each year. 12. NON -ASSIGNABILITY. This Agreement may not be assigned by either party. 13. TRANSPORTATION Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be transported to Puyallup by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Puyallup is not responsible for transportation of Federal Way inmates under this Agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Puyallup becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon 4 the time required for transport at the correction officer over time rate of $55.00 per hour. 14. RECORDS AND REPORTS (a) Federal Way shall forward to Puyallup before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration at other correctional facilities. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Puyallup shall keep all necessary and pertinent records concerning such inmates incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates(s) incarceration, as may be permitted by law. 15. MEDICAL TREATMENT (a) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide for routine minor medical services in the Puyallup j ail. Examples of medical services which may be provided in the Puyallup Jail but which are not routine, and for which Federal Way shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of a Federal Way prisoner including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provided to Federal Way inmates. (b) An adequate record of all such services shall be kept by Puyallup in accordance with HIPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse Puyallup dollar for dollar any amount expanded or cost incurred by Puyallup in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting an Active Commander and/or on -duty Patrol Lieutenant at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Puyallup shall notify Federal Way within eight (8) business hours (i.e. Monday through Friday 8 a.m. to 5 p.m., excluding state -observed holidays) of transport. Federal Way is responsible for providing security during any period of hospitalization. 16. DISCIPLINE Puyallup shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 17. STANDARD OF RELEASE Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court Standards of Release. 18. VIDEO ARRAIGNMENT Upon request, Puyallup will provide video arraignment services at the rate of $55.00 per hours with a (4) four-hour minimum charge. 19. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Puyallup shall not be removed from there by any person except: a) When requested by Federal Way Police Department in writing authorizing such release; or b) Upon court order in those matters in which said court has jurisdiction over such inmate; or c) For appearance in the court in which a Federal Way inmate is charged; or d) In compliance with a Writ of Habeas Corpus; or e) If the prisoner has served his sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or f) For other scheduled court appearances, including those for which they are not being held, or g) Upon the execution of the Standards of Release Administrative Order No. 2013- 01, or h) For medical care (see § 15) and court ordered evaluations. 20. ESCAPES In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Puyallup shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction. 21. DEATH OF AN INMATE a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce County Medical Examiner. Federal Way shall receive copies of any records made at or in connection with such notification, unless prohibited by law or court order. Reasonable copying costs for such copies shall be borne by Federal Way. b) Puyallup shall immediately notify Federal Way of the death of a Federal Way inmate, fiirnish reasonable and necessary information as reasonably requested and follow 6 reasonable instructions of Federal Way with regard to the disposition of the body. The body shall be released to the Medical Examiner. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the responsibility or liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 22. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Puyallup, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 23. INSURANCE (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligation set forth in the Agreement; (b) Each party shall obtain and maintain coverage in minimum liability limits of five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. 24. HOLD HARMLESS AND INDEMNIFICATION a) Puyallup shall indemnify and hold harmless Federal Way and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages, including reasonable attorney fees, of any nature whatsoever, by reason of or arising out of any act or omission of Puyallup, its officers, agents, officials, employees and volunteers, provided said claim does not arise out of or in any way result from any intentional, willful or negligent act or omission on the part of Federal Way or any officer, agent or employee thereof. b) Federal Way shall indemnify and hold harmless Puyallup and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, 7 and damages of any nature whatsoever, by reason of or arising out of any act or omission of Federal Way, its officers, agents, officials, employees and volunteers, in arresting, detaining, charging, or transporting persons before presentment to and acceptance by Puyallup Jail or thereafter while said person (i.e. inmate) are in the custody of Federal Way outside Puyallup Jail. c) Puyallup and Federal Way hereby waive, as to each other only, their immunity from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. d) The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 25. INDEPENDENT CONTRACTOR In providing services under this Agreement, Puyallup is an independent contractor and neither it, nor its officers, officials, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this agreement give rise to any claim or career service or civil service rights, which may accrue to employees of Federal Way or Puyallup under any applicable law, rule or regulation. 26. PRISON RAPE ELIMINATION ACT Puyallup acknowledges and is working toward compliance of the Prison Rape Elimination Act regarding custodial sexual misconduct. 27. MISCELLANEOUS Concurrent Original. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the Parties solely because of this Agreement. No Joint Venture or Partnership. No joint venture, separate administrative or governmental entity, or partnership is formed as a result of this Agreement. 28. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 29. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF PUYALLUP: By: Steve Kirklie Its: City Manager Date: ATTEST: By: Brenda Fritsvold Its: City Clerk APPROVED AS TO FORM: By: Joseph Beck Its: City Attorney Date: CITY OF FEDERAL WAY: By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: City Clerk APPROVED AS TO FORM: By: J. Ryan Call Its: City Attorney Date: L'� COUNCIL MEETING DATE: January 18, 2022 ITEM #: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Public Safety Testing Subscriber Agreement — Amendment #1 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the contract with Public Safety Testing (PST) to increase compensation? COMMITTEE: PRHS&PSC MEETING DATE: January 11, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF. REPORT BY: Steve Neal, Deputy Chief of Police DEPT: Police Department Attachments: 1. Staff Report 2. PST Subscriber Agreement— Amendment # 1 Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: S IRECTOR APPROVAL: Co-ilill1 until p-[ Initial COMMITTEE RECOMMENDATION: "I move to forward the proposed contract amendment to the January 18, 2022 consent agenda for approval. " "kn(� zu-t-w-r, Aa��Nz�k &, 2-m CL Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed contract amendment. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I" reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 11, 2021 TO: Federal Way City Council VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Public Safety Testing Subscriber Agreement 2020 — 2022 Financial Impacts: The cost for Amendment # 1 to the Public Safety Testing (PST) 2020-2022 subscriber agreement will be $25,500. Back round Information: The Federal Way Police Department (FWPD) originally entered into a PST Subscriber Agreement around 2013 for the recruitment and testing of entry level and lateral police candidates. In 2017, PST started holding promotional assessment center testing, as well as, continuing with recruitment and testing of police candidates. All of this is coordinated and observed by a FWPD Commander and/or Administrative Lt/Officer. A new Public Safety Testing Subscriber Agreement was entered into for January 1, 2020 through December 31, 2022. This initial agreement covered the generalized annual costs; however, our testing fees were underestimated, and in 2021 we conducted two special assessment centers. One for a Commander promotion and one for a Lieutenant promotion. For these reasons our initial funding was depleted in the second quarter of 2021. To cover our funding shortage and in anticipation of a possible specialized assessment center in 2022, we are requesting that the additional $25,500 be approved. ,SCITY OF Federal Way CITY HALL 33325 8th Avenue SOUth Federal Way, 1NA 98003-6325 (253) 835-7000 mnv otyoffederohilay com AMENDMENT NO. #1 TO SUBSCRIBER AGREEMENT FOR POLICE OFFICER RECRUITMENT & TESTING This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City" also "Subscriber"), and Public Safety Testing, Inc., a privately -owned Washington corporation or a sole proprietor ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Subscriber Agreement for Police Officer Recruitment and Testing ("Agreement") dated effective January 1, 2020, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced on page one (1) of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit 13-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s). Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 11 /2019 CITY OF t Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mv4v utyoifederahmay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE PUBLIC SAFETY TESTING, INC.: Printed Name: Jon F. Walters Jr. Title: President Date: ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney AMENDMENT - 2 - 11 /2019 A%�CIT Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 Mnvar4Vf10(y vr01m!y. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Twenty -Five Thousand Five Hundred and NO/100 Dollars ($25,500). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Fifty Thousand Five Hundred and NO/100 Dollars ($50,500). 2. Method of Compensation: All related professional fees, noted and described on page one (1) of this agreement, shall remain unchanged by this amendment and Payment terms shall remain the same as described in Section 1.5 of the original agreement. AMENDMENT - 3 - 11 /2019 COUNCIL MEETING DATE: January 18, 2022 ITEM #: 5 g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL oaa SUBJECT: 201&aWDIVERSITY COMMISSION WORK PLAN POLICY QUESTION: Should the City Council approve the City of Federal Way Diversity Commission's 2022 Work Plan? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: 1/11/2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: CDCS Attachments: City of Federal Way Diversity Commission 2022 Work Plan Background: At their December 8, 2021, meeting, the Diversity Commission voted to recommend approval of its 2022 Work Plan, outlining specific goals and activities that the Commission intends to follow to focus their annual efforts. The plan includes serving as an advocacy group to the City Council and other established Commission projects. Options Considered: 1. Approve the Diversity Commission's 2022 Work Plan. 2. Do not approve the Diversity Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: F l Y Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Diversity Commission's 2022 Work Plan to the January 18, 2022, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2022 Diversity Commission Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # City of Federal Way Diversity Commission City of Federal Way Diversity Commission 2022 Work Plan Diversity Commission 12022 Work Plan I Page 1 of 5 City of Federal Way Diversity Commission OUR VALUES: 1) Helpfulness Expect commissioners to be willing to assist others and to help improve our community by: • Welcoming one-on-one access for new commissioners through an initial meet and greet outside of official meeting Identifying team strengths and each other's passions Supporting community -oriented diversity programs through awareness and development 2) Responsibility Maintain a high level of commissioner accountability to each other, the City government, and to our diverse community through: • Civility • Sharing the workload Transparency • Mutual trusting that intent is genuine • Verifying that commitments are fulfilled • Listening and participating at community events and meetings • Communication with the City's elected officials as directed by City Ordinance 3) Involvement Encourage high level of participation with others in decision -making and problem -solving: • Support involvement through attendance & participation in the Diversity Commission meetings and at Commission events Participate in subcommittees Encourage input during meetings through a philosophy that "no comment or idea is unimportant" Commissioners shall align their individual priorities to the Diversity Commission's mission 4) Consultation The Commission shall consider its larger context within Federal Way and the long-range impact on our community in making strategic decisions by: • Adventure and New Approach —take new risks that lead to better/redefined best practices • External Resources — look to regional- and national -level environments for knowledge • Community Awareness and Insight— intentionally seek an understanding of community concerns and community knowledge • Commission Intelligence — seek added value within "us"- the Commission Mayor/Council Knowledge & Understanding — Communicating with elected officials Diversity Commission 12022 Work Plan I Page 2 of 5 City of Federal Way Diversity Commission OUR MISSION: To advise City government to ensure Federal Way is a community that is united amidst diversity, where everyone is equally respected, valued, needed, and cherished. Equality is not sameness; it is equivalent value. BRAND PROMISE: The Diversity Commission is dedicated to helping Federal Way become a city where all people have a feeling of belonging and sharing community, where there is equal access to information and resources for all, and where there are equal opportunities for all. ONE-YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall engage with Federal Way residents and businesses at the neighborhood level during the year. The intention is to build the Commission's knowledge about local and regional equity issues facing our city's residents. We will document this knowledge and use it to achieve our mission. Diversity Commission 12022 Work Plan I Page 3 of 5 City of Federal Way Diversity Commission 2022 Work Plan 1) The Diversity Commission will serve as an advocacy group to the City Government of Federal Way to: 1. Promote issues that the Diversity Commission believes are important 2. Issue statements/resolutions that promote Diversity, Equity, Inclusion, and Justice 3. Work Collaboratively with Federal Way City Council and Mayor's Office to support ongoing work that supports diversity, equity, inclusion, and justice. 2) The Diversity Commission shall partner with community groups and other organizations to gather input from the community regarding equity and diversity issues in the City; thus, building the Commission's understanding and focusing on future initiatives to address these issues. The Diversity Commission will appoint/designate members for this subcommittee. 1. The Subcommittee will be responsible for the development and implementation of community engagement opportunities. Input from the Diversity Commission will be required. 2. Subcommittee will visit or invite to its meetings individuals, groups or organizations engaged in diversity, equity, inclusion, and justice work. 3. In the event of overlapping goals, the Diversity Commission will work collaboratively with other offices, agencies, and commissions of the City of Federal Way. 3) The Diversity Commission will remain active members of the Federal Way Community through their participation and promotion of community events and activities that intersect with the Commission's Mission. The Diversity Commission may also explore additional opportunities for community engagement and interaction. 4) The Diversity Commission will continue to evolve its processes and workplans. This workplan is organic and does not represent the full opportunities that the Diversity Commission can work on. The Diversity Commission reserves to the right to call special meetings to address certain community issues that will impact the City of Federal Way. The Diversity Commission may include opportunities to discuss current local, state, and federal issues around Diversity, Equity, Inclusion, and Justice. 5) The Diversity Commission reserves the right to add to and amend the work plan in order to match closely with current events and priorities. 6) The Diversity Commission will seek opportunities to provide timely communication to the at - large community and City Government of Federal Way by: 1. Leveraging Social Media 2. Active use of the City of Federal Way Diversity Commission website to post meeting information and other resources 3. Publishing articles or other information Diversity Commission 12022 Work Plan I Page 4 of 5 City of Federal Way Diversity Commission Annual Diversity Commission Events • City of Federal Way MLK Celebration • Martin Luther King Jr. Food Drive (January) • Federal Way Elementary School Book Drive • Participate in the Multi -Cultural Nights at schools and other local venues. • Flavor of Federal u Sponsor and partner with local community organizations Annual Review of the Diversity Commission's Work Provide an overview of the Diversity Commission's accomplishments. Subcommittees The Diversity Commission uses a subcommittee structure to carry out some of the work and engage Commissioners in planning. Subcommittees may be either ad hoc or ongoing. Subcommittees that have existed in the past, recently, or currently include: a) Community Forums b) Community Outreach c) Efforts & Availability in Social Media d) Flavor of Federal Way e) Implicit Bias Training f) MLK Community Event (with the FWPS) g) MLK Food Drive h) Rep Roger Freeman Award i) Retreat Planning j) Research Organizations in Federal Way k) Workplan The Diversity Commission may use any of the committees above or add additional committees if needed. Diversity Commission 12022 Work Plan I Page 5 of 5 COUNCIL MEETING DATE: �a 'Q '�. ITEM #: . .... . . ........ 6 a CITY F FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING: Public hearing to consider proposed Code Amendments: Public Transportation Facilities POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: James Rogers _ DEPT: Community Development Summary/Background: Community Development is seeking to amend Title 19 of the Federal Way Revised Code to allow Light Rail or Commuter Rail Transit Facilities as a spec f ed permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. This proposed change would allow the city to apply more specific controls through development regulations for that use, where currently they are allowed more broadly as essential public facilities. Specifically, the revised code would require that transit stations provide a minimum number of parking spaces for users of the facility. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A J DIRECTOR APPROVAL: �12/ Committee C sil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE ( ►: `7 move to close the public hearing and forward the proposed ordinance to the Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE ( ): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DEN D Firs[ reading ABI,Ei EFERRED/NO ACTION^-f D SOA (O( 20Z2 (�6 Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF Federal Way Centered an Opportunity MEMORANDUM DATE: January 13, 2022 TO: City Council Via: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.citvofFederalway com Jim Ferrell, Mayor SUBJECT: Council Bill #812/Amending FWRC Title 19 regarding Public Transportation Facilities The subject matter for this agenda item is parking requirements for transportation facilities, most notably light rail stations. At the October 19, 2021 Council Meeting, the Council tabled this item to the January 18, 2022 Meeting. The City has been working closely with Sound Transit Staff since October on developing the proposed ordinance, and the joint agency team came to staff -level agreement this week. Mayor Ferrell has reviewed the ordinance and will recommend approval, but Sound Transit needs additional time for their executive review. We therefore ask that this item be tabled to the February 15, 2022 Council Meeting. Thank you for your consideration. COUNCIL MEETING DATE: January 18, 2022 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COUNCIL RATIFICATION OF COMMITTEE CHAIR APPOINTMENTS POLICY QUESTION: Should the Council ratify the Council President's Council Committee Appointments for 2022-2023? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: Per Section 20.9 of the City Council Rules of Procedure, the Council President will make Council Committee assignments in January to be ratified by Council. Membership terms are as follows: 1. Three (3) Councilmembers serving two (2) year terms. • Finance, Economic Development, and Regional Affairs Committee (FEDRAC) • Land Use and Transportation Committee (LUTC) • Parks, Recreation, Human Services, and Public Safety Committee (PRHSPSC) 2. One (1) Councilmember serving a two (2) year term. • Lodging Tax Advisory Committee (LTAC) Attachments: Proposed 2022-2023 Council Committee Appointments Options Considered: 1. Approve the Council Committee appointments as presented. 2. Amend the Council Committee appointments. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A II/U L Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Council Committee Appointments as presented. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY COMMITTEE ASSIGNMENTS 2022 PARKS/RECREATION/HUMAN SERVICES/PUBLIC SAFETY COMMITTEE (PRHSPS Chair: Councilmember Jack Walsh Members: Councilmember Erica Norton & Councilmember Lydia Assefa-Dawson LAND USE TRANSPORTATION COMMITTEE LUTC Chair: Councilmember Jack Dovey Members: Councilmember Jack Walsh & Councilmember Hoang Tran FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE (FEDERAC) Chair: Councilmember Hoang Tran Members: Councilmember Jack Dovey & Councilmember Erica Norton LODGING TAX ADVISORY COMMITTEE (LTA Chair: Councilmember Lydia Assefa-Dawson COUNCIL MEETING DATE: January 18, 2022 ITEM #: 7b- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED 2022-2024 COLLECTIVE BARGAINING AGREEMENT WITH THE CITY OF FEDERAL WAY POLICE OFFICERS GUILD POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Police Officers Guild? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Vanessa Audett, Human Resources Manager �DEPT: Human Resources Attachments: 1. Staff Report 2. Proposed 2022-2024 Collective Bargaining Agreement with the City of Federal Way's Police Officers Guild Options Considered: 1. Approve the proposed Collective Bargaining Agreement. 2. Reject the proposed Collective Bargaining Agreement and direct the City to continue negotiations. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A l '' �;3 DIRECTOR APPROVAL: 5_7 Z Committee iuicil [nitiallti to Initial/Date initinlll7ate COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2022-2024 Collective Bargaining Agreement with the Police Officers Guild, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # Date: To: From: Subject: CITY OF FEDERAL WAY HUMAN RESOURCES DEPARTMENT Memorandum January 18, 2022 City Council Members Vanessa Audett, Human Resources Manager 2022-2024 Police Officers Guild Collective Bargaining Agreement The contract presented conforms with authority and instructions previously provided by Council to the City's negotiating team. Financial Impacts -Wages: Contract Wage Increase Total Annual Cost of Wages 2022 $588,371 $11,918,676 2023 $453,273 $12,371,949 2024 $461,037 $12,832,986 Wage increases include: 4% annual COLA adjustments, new Bi-Lingual and Specialty Instructor Pay, Additions to On -Call Pay, and increases to Career Development Pay. Back round information: The Guild contract expired December 31, 2021. Negotiations for a new contract began in September of 2021 and a tentative agreement was reached through bargaining during December 2021. Mayor's Recommendation: Approve the proposed CBA with the Police Officers Guild. CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement 2022-2024 Table of Contents ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP ............................................. l Sp'c+On1. Recognition ........................................................... ......................................... l SectiOO2. Status atAcademy ......................................................... ................... ........... l Section 3. Guild Membership --.__-_----..~.....—.---~_...—.._...} SectiOO4. Dues Deduction ..................................................... ....................................... l SectiOO5- List OfEmployees ......................... ........................................................... .... l Section6. Hold Harmless ............................................... ........... ........................... —.... ARTICLE 2: MANAGEMENT RESPONSIBILITIES ......................................................... 2 ARTICLE3: HOLIDAYS ......................................................................................... ---- ..... 4 Section 1. Observed Holidays .................................. ........................................................ 4 Section2. Work on HOlidaVS—............................................................ ........ ................. 5 SeCtion3. Use OfBanked Holiday Hours ................................................................ .... 5 SeCtOnz1. Holiday Scheduling ........................................................................................ 6 ARTICLE4: VACATIONS ..................................................................................................... 0 SeCtiOD1. Vacation Accrual ......................................................................................... —6 Section 2. Probationary Employees ---.--......~.~..—.~--.~—___—_--6 SeCtion3. Accrual ....... _................. ............................................................................ 6 Section 4. Vacation Increments ................................................................................. ..7 Section5. Payment Upon Death ........................ ........................................................... 7 Section 6. Forfeiture OfVacation ....... ............... —........................................................ 7 Section 7. Vacation Scheduling - Seniority Basis ....................................................... 7 SeCtiOO8. Vacation Cash Out ...................................................... ................................. 8 ARTICLE5: SICK LEAVE ................................... ................................................................ Q Section 1. Sick Leave Usage ........................................................................................... 8 Section 2. Washington Paid Sick Leave ....................................................................... 8 ACC[U@l ----............................................................................................................ CarryForward ........... ...... ...... ................................ ............. ....................................... 9 Verification for Absences Exceeding Three Days ........................................................ lO Reinstatement ofEmployment ........................................................................................ lO RetaliationProhibited .......................................................... ... ..................................... l0 Section 3. Sick Leave Payment at Time Of Retirement ................ ......................... .l0 Section 4. \8/@ShiOgtOn Paid F8nlik/ Medical Leave /F`FK4| \ ._.__........................ Section 5. Industrial Insurance Leave.........................................................................11 Section 6. Family Care and Death................................................................................11 Section 7. Statement of Physician...............................................................................12 Section8. Fitness for Duty............................................................................................13 Section9. Physical Fitness.............•--.---......................................................................13 Section10. FMLA Leave.................................................................................................13 Section11. Shared Leave...............................................................................................14 ARTICLE6: WAGE RATES...............................................................................................15 Section1. Wages...........................................................................................................15 Section 2. Career Development Program..................................................................15 Section3. On -Call Pay........................................................................................ .........15 Section4. Extra -Duty Pay...... ........ .................................... ............ ...... ...... ......... 15 Section5. Corporal........................................................................................................15 ARTICLE7: HOURS OF WORK.......................................................................................16 Section1. Work Shifts...................................................................................................16 Section 2. Shift Bidding................................................................................................18 Section 3. Specialty Assignments................................................................................18 Section4. Shift Trades.............................................................. ...,................................ 18 Section5. Out of Class..................................................................................................18 Section6. On-Call..........................................................................................................18 ARTICLE8: OVERTIME....................................................................................................20 Section1. Scheduling.................................................................................................. .20 Section2. Callback ................................................................... ........................ ....... .20 Section3. 7(K) Exemption.... ............... ...... .................................................................. 21 Section4. Non -Pyramiding ...............____ .................................................................. 21 Section5. FLSA Provisions...............................,..........................................................22 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS.................22 Section1. Health Plan . ........................ .......................................................................... 22 Section2. HRA VEBA Plan..........................................................................................23 ARTICLE10 MISCELLANEOUS......................................................................................25 Section 1. Auto/Auto Reimbursement.........................................................................25 Section 2. Appearances Before the Civil Service Commission, PERC, or Labor Arbitrators.........................................................................................................................25 Section 3. Guild Negotiating Committee ............. Section4. Guild Business.............................................................................................25 Section5. Bulletin Boards.............................................................................................26 Section 6. Damage of Personal Effects......................................................................26 Section 7. Personnel Files............................................................ .............................26 Section 8. Uniforms and Equipment ................ Section9. Jury Duty.......................................................................................................28 Section10. PIO / OPS / PSO.........................................................................................28 Section11. Community Center......................................................................................28 Section 12, Domestic Partner/Partnership...................................................................28 Section 13. Tuition Reimbursement..............................................................................29 ARTICLE 11: PROHIBITED PRACTICES.......................................................................29 ARTICLE 12: REDUCTION-IN-FORCE...........................................................................30 Section1. Layoff.............................................................................................................30 Section2. Recall.............................................................................................................30 ARTICLE 13: DISCIPLINARY INVESTIGATIONS........................................................30 Section 1. Criminal Investigations................................................................................30 Section 2. Disciplinary Definitions ................ Section 3. King County Inquests..................................................................................30 Section4. Just Cause....................................................................................................30 Section5. Off -duty Misconduct....................................................................................31 Section 6. Disciplinary Investigations..........................................................................31 Section 7. Pre -Discipline Meetings ............................. Section 8. Imposing Discipline.....................................................................................32 Section 9. Maintenance of Disciplinary Records....,,... - _ ........... ARTICLE 14: GRIEVANCE PROCEDURE......................................................................33 Section 1. Grievance Procedure Steps.......................................................................33 Section 2. Arbitration Panel..........................................................................................34 Section3. Time Limits....................................................................................................35 Section 4. Multiple Procedures...................................................................................35 Section5. Step 3 Submission......................................................................................35 Section 6. Just Cause Standard............................................................................ ..._..35 Section 7. Probationary Period........................................................... .......36 Section 8. Parties to the Agreement............................................................................36 ARTICLE 15. NONDISCRIMINATION..............................................................................36 ARTICLE 16: DRUG TESTING .................................................. .... .................................. 36 ARTICLE 17: SENIORITY........................................................................... 41 ARTICLE 18-. SAVINGS CLAUSE.....................................................................................41 ARTICLE19: RESERVED................................................................................................41 ARTICLE20: DURATION...................................................................................................41 APPENDIXA ... ...................................................................................................................... 42 WAGES........................................................................................................................42 DEFERRED COMPENSATION: ..................................................................................... 42 APPENDIXB.........................................................................................................................43 OVERVIEW FOR CAREER DEVELOPMENT PROGRAM........................................43 APPENDIXC.........................................................................................................................45 CALLBACKOVERTIME..........................................•........................ ......................45 APPENDIXD.........................................................................................................................47 DETECTIVES........... ........................................................................................................47 TRAFFICUNIT ..........................................---.---..................................-- .----...............47 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement PREAMBLE: The Federal Way Police Officers Guild ("Guild") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Guild as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Status at Academy The provisions of this contract shall not apply to police officer candidates prior to or while they are attending the State required police academy. Section 3. Guild Membership All employees whose classification or job title is included in Article 1, Section 1 of this Agreement may voluntarily join the Guild as a member. Section 4. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the secretary of the Guild and shall transmit the same to the Guild within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Guild 30 days' written notice. Section 5. List of Employees The City will transmit to the Guild a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 11 Section 6. Hold Harmless The Guild will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or any combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding brought to invalidate this Article, the Guild will actively defend the suit or action. However, in the event any determination is made by the highest court having jurisdiction that this Article is invalid, the Guild shall be solely responsible for any reimbursement. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Guild recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Guild recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge, or the reasons therefor. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 12 C. recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d, lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Guild at least twenty-one (21) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Failure of the Guild to request bargaining within the twenty-one (21) day notice period shall constitute waiver of the right to bargain the change. If the Guild does request bargaining and the parties are unable to achieve resolution, either party may request the assistance of a PERC mediator and the parties will work to expedite that process. If mediation is unsuccessful the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 13 ARTICLE 3: HOLIDAYS Section 1. Observed Holidays On January 1st of each year, the City shall bank (provide) one hundred and twelve (112) hours of holiday pay for each bargaining unit employee for the following observed holidays: Commonly Called First day of January New Year's Da Third Monday of January Martin Luther King Day Third Monday of February President's Da Last Monday of May Memorial Da 19t" Day of June Juneteenth Fourth day of July Independence Da First Monday of September Labor Da 11th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Da FridaV following the fourth Day after Thanksgiving _ 25th day of December Christmas Day 3 Floating Holidays For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1 st, sixty-four (64) hours calculated by multiplying the number of holidays (not including floating holidays) remaining to be celebrated in that year [eight (8)] by eight (8) hours). If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1st of that year. In addition to the one hundred and twelve (112) banked holiday hours, the City shall also provide 22 holiday hours (total of 134 in the holiday bank) which will not be prorated but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. If hired before July 1, the employee will receive the additional twenty-two (22) hours upon commencement of employment. However, if hired on or after July 1, the employee will receive only eleven (11) hours upon commencement of employment. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 14 The three (3) floating holidays are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. Section 2. Work on Holidays The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, and New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3. Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31 st). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31st, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30th of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year,. the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then -current rate of pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 15 The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Guild with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. Section 4. Holiday Schedulin Minimum staffing in patrol is set forth in MOS 41.1.1(G), except that the City shall have discretion to drop minimum staffing levels by no more than two officers on the holidays listed above in Section 1. On Thanksgiving and Christmas each patrol may have up to three officers gone on vacation/holiday/comp time. For all other holidays, the City may allow time off consistent with other days of the year, based on the need to maintain minimum staffing in patrol. ARTICLE 4: VACATIO Section 1. Vacation Accrual After six months of continuous service in pay status, regular, full-time employees shall accrue vacation benefits while in pay status, based upon their seniority, as indicated in the following table: Full Years of Service Annual Leave in Hours Throu h end of Year 5 96 Upon beginning of Year 6 132 Upon beginning of Year 11 150 Upon beginning of Year 16 180 Upon beginning of Year 21 204 Upon beqinninq of Year 26 220 Section 2. Probationary Employees At the end of six months of continuous employment with the Department in pay status, employees shall receive forty-eight (48) hours of vacation credit. Probationary employees are not entitled to the use of vacation hours during the first six months of employment. Probationary employees who separate employment prior to successful completion of the FTO program shall not be paid for accrued vacation. Section 3. Accrual Employees with six months of service shall accrue vacation benefits on a semi- monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 16 his/her normally scheduled work week. Section 4. Vacation Increments Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 5. Payment Upon Death In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 6. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31 st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the Mayor, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 7. Vacation Scheduling - Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be granted dependent upon Department needs on a first come, first served basis. The City shall make the determination of how many employees may be on vacation at any one time subject to minimum staffing levels in MOS 41.1.1(G) and consistent with other provisions of this Agreement, including Article 3, Section 4. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 17 Section 8. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. An officer must have at least one hundred (100) total hours of sick leave, banked holiday hours, and vacation hours in order to participate in vacation cash out. ARTICLE 5: SICK LEAVE Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1080 hours. Section 1. Sick Leave Usage Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or for family care purposes in accordance with state law, the City's Employee Guidelines Section 8.1 Sick Leave, and Section 5 of this Article. Sick leave benefits may be used in one quarter-hour (15 minutes) increments. Section 2. Washington Paid Sick Leave Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Guild members to care for their health and the health of their family members. Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as a medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury health condition and/or preventive care such as a medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health -related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 18 Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking; attending health care treatment for a victim who is the employee's family member; obtaining, or assisting the employee's family member(s) in obtaining, services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and, participating, for the employee or for the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or sibling. Accrual As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective bargaining agreement. Carry Forward The total sick leave hours that will be carried forward at year-end, for both standard sick leave and Washington Paid Sick leave, will be one thousand eighty (1,080) hours. This will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of one thousand eighty (1,080) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount will be transferred to the City sick leave bank, so that employee does not lose hours that they previously would have banked prior to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of one thousand eighty (1,080) hours be carried forward. Article 5, Section 1 of the CBA is modified to reflect the combined maximum accrual POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 19 of 1,080 hours. Verification for Absences Exceeding Three Da s If an employee is seeking to use or has used Washington Paid Sick Leave for authorized purposes for more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. Reinstatement of Employment Employees separating or retiring from employment will not be provided with financial or other reimbursement for unused, accrued Washington State Paid Sick Leave, except as set forth below. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry over provided that the employee had forty (40) or more hours banked upon separation. Retaliation Prohibited Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. Section 3. Sick Leave Payment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate, with a maximum payment cap of two hundred seventy (270) hours. b. Death in the Line of Duty. The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 4. Washington Paid Family Medical Leave (PFML) Guild members will pay the employee portion of the premium and the City will pay the employer portion of the premium as established by State law. PFML runs concurrently with FMLA. While on PFML: • the employee will continue on their elected health insurance plan, to include the obligation to make employee premium payments; and POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 110 • The City's health insurance premium contributions for the employees will continue while the employee is on PFML. An employee who elects the PFML benefit may supplement their PFML benefit with their accrued earned benefit leave up to a maximum of 16 hours per week. Section 5. Industrial Insurance Leave If the state grants industrial insurance benefits, the employee will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary, excluding extra -duty overtime, without deducting any leave for thirty (30) working days. In the event the employee cannot return to work on the thirty-first (31st) working day, the employee would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Employees cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Employees must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, an employee can only "buy back" a percentage of the leave used with that money, however, the employee will not suffer the income loss that occurs when he/she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the employee's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the employee when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six (6) months while an employee is on "kept on salary" and subsequently receiving workers' compensation time loss payment. An employee who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the employee is able to resume his/her job duties, or specifying limits on duties which can be performed. Section 6. Family Care and Death POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 111 a. Bereavement Leave. In the case of death of a member of an employee's immediate family, regular, full time employees shall be entitled up to 30 hours of paid bereavement leave. Regular, full time employees who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to thirty (30) hours when death occurs to a member of the employee's immediate family. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family. b. Family Care Leave. Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. C. Immediate Family. Immediate family is defined as the employee's parent, spouse or domestic partner, children, sister, brother, mother-in- law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, and step -relations equivalent to those listed. At its option, the Chief of Police may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that an officer has been released to return to duty, and for FMLA related compliance. Officers involved in significant incidents are subject to a return to work evaluation conducted pursuant this section of the Agreement. The parties agree to the following process for disclosure of the Return to Work Report that is prepared. a. Upon written request from the Guild to review the Return to Work Report, the City shall schedule a meeting with the Guild Representative and the officer. b. The officer must sign a release in order for the Guild Representative to view the report, which will be provided to the City. c. The officer and the Guild will both attend the meeting when the Chief discloses the Return to Work Report, unless no release is signed by the officer in which event only the officer will attend. d. In the event the Guild subsequently files a grievance and the Guild has POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 112 obtained a signed release from the employee, the Chief will provide a copy of related documents to the Guild's attorney upon written request. Any information provided to the City will be placed in the ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician related to the requirements of this Agreement may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining on the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Section 8. Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job, consistent with State and Federal law. If the City requires an employee to submit to a fitness for duty evaluation, the City shall provide the employee and the Guild in advance of the evaluation an explanation of why the City is requiring the evaluation. The employee shall have the right to obtain copies of all documents generated as a result of the evaluation within a reasonable time from the City's receipt of the documents. The employee will be required to submit to the first evaluation without loss of pay. If the City's evaluation is that the employee is not fit for duty, the employee shall have the right to obtain a second non -binding opinion at the employee's own expense and on the employee's own time (off -duty or paid leave time). No such expenses for this second opinion may be turned in for reimbursement under the City's self-insurance program. If the two evaluations are inconsistent on the employee's fitness for duty, the evaluators shall jointly select a third, qualified evaluator. The expense for the third evaluation shall be equally borne by the City and the employee. The Guild agrees to pay the employee's portion of the cost of the third evaluator in the event that the employee does not. The opinion of the third evaluator shall be final and binding upon the parties. Section 9. Physical Fitness Minimum Fitness Standards. The City will discharge its duty to bargain with the Guild before setting minimum fitness standards for the bargaining unit, and will bargain the effects of setting the standards, such as testing procedures, etc. This duty does not apply to individual medical decisions regarding officers. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based on a rolling twelve (12) month POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 113 period. Section 11. Shared Leave An employee may be eligible to receive shared leave if all of the following conditions are met: a. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City; and b. The employee has completed one year of employment with the City; and c. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave; and d. Prior to the use of shared leave, the employee has abided by the City's sick leave policy; and e. When appropriate, the employee has diligently pursued and is found to be ineligible for other disability benefits including workers comp time loss; and The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the Department. The Chief and the Mayor have the discretion to deny a request for shared leave. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Unless otherwise approved by the Chief or the Mayor the employee's eligibility to receive shared leave will be limited to the highest total number of hours of his/her own sick leave balance in the 12 months prior to the shared leave request, so that the employee is eligible to receive a "match" to his/her own accrued sick leave bank. An employee shall not receive more than the equivalent of one-half of the number of hours in his/her typical work year as shared leave throughout his/her employment. To the extent possible, shared leave should be used on a consecutive basis. Shared leave will be administered in accordance with the Employee Guidelines. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 114 ARTICLE 6: WAGE RATES Section 1. Wages Wage rate shall be as specified in Appendix A. Section 2. Career Development Program A description of the Career Development Program is contained in Appendix B. Section 3. On -Call Pay Employees assigned as detectives, employees assigned to the Traffic Unit/MajorAccident Investigation Team, Total Station, and the Bomb Unit shall receive an additional three (3) percent of the top step wage rate per month as on call pay. Employees assigned to more than one position requiring the payment of on -call pay shall receive on -call pay for only one such position. Section 4. Extra -Duty Pay a. Employees assigned as Field Training Officers ("FTOs") shall receive an additional seven (7) percent of the top step wage rate per month, as extra - duty pay for all time spent in the actual training of employees. b. Employees assigned as K-9 officers ("K-9") shall receive an additional three (3) percent of the top step wage per month. c. Employees assigned as Firearms Instructor, Defensive Tactics Instructor, or any other instructor at the Chief's discretion, shall receive an additional three (3) percent of the top step wage per month. d. Subject to testing and eligibility requirements, employees bilingual in Spanish, Vietnamese, Korean, Russian, ASL (or equivalent), and/or any other language at the Chief's discretion, shall receive an additional three (3) percent of the top step wage per month. e. Employees assigned to SWAT/HNT/CNT shall receive an additional three (3) percent of the top step wage per month. SWAT/HNT/CNT pay shall not be duplicated or pyramided with on -call pay. Employees assigned to Total Station shall receive an additional three (3) percent of the top step wage per month. Total Station pay shall not be duplicated or pyramided with on -call pay. Section 5. Corporal Corporals are included in the bargaining unit. Corporals will perform the tasks set forth in Manual of Standards Section 11.1 and 11.2. Corporals will receive a pay differential of five (5) percent above E step police officer. The parties agree that the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 115 Corporal position is not a civil service rank. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts a. The Patrol Division will continue to work a 4/10 schedule. Shift starting hours and the number of positions per shift will be determined from time to time by the City. The City may institute a power patrol shift (5/8 schedule). b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department the City may adjust the shifts and work days of Detectives to minimize overtime expenses to the City, provided however, that where a Detective's or Detectives' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Normal work hours will be from 0600 — 1600 or 0700-1700. Detectives will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on -call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Detectives and SIU will continue to flex their time when reasonably possible so as to minimize overtime. b. (ii) The swing shift for detectives described in Appendix D may be implemented when there are fifteen (15) detectives. In the event the number of detectives falls below fifteen (15), the City has a one (1) month grace period to fill the detective vacancy. If the number of detectives remains below fifteen (15) following the one (1) month grace period, all detectives shall be switched to day shift unless a detective or detectives prefers to remain on swing shift. b. (iii) During the fourth quarter of each year, the Department shall conduct a bid among detectives for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a swing shift position at a time other than when days off are bid for the following year, the City shall first request volunteers for the swing shift from the detectives. In the event there are no volunteers, selection of detectives for the swing shift shall be made by reverse Department seniority. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 116 b. (iv) In the event a new employee is assigned to detectives after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another detective. c. (i) Traffic Officers assigned to the Field Operations Division will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Traffic Officers to minimize overtime expenses to the City, provided however, that where a Traffic Officer's or Traffic Officers' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Traffic Officers will be authorized to work a traditional 5/8 schedule upon request. c. (ii) The Saturday schedule for Traffic Officers described in Appendix D may be implemented when there are eight (8) traffic officers. In the event the number of Traffic Officers falls below eight (8), the City has a one (1) month grace period to fill the Traffic Officers' vacancy. If the number of Traffic Officers remains below eight (8) following the one (1) month grace period, all Traffic Officers shall be switched to a Monday -Friday schedule unless a Traffic Officer or Traffic Officers prefers to remain on a Saturday shift. c. (iii) During the fourth quarter of each year, the Department shall conduct a bid among the Traffic Officers for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a position on the Saturday schedule at a time other than when days off are bid for the following year, the City shall first request volunteers for the Saturday schedule from the Traffic Officers. In the event there are no volunteers, selection of Traffic Officers shall be made by reverse Department seniority. c. (iv) In the event a new employee is assigned to traffic after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another traffic officer. d. Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule. All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the overtime rate. e. The City may continue the assignment of storefront and Mall officers to a different schedule. Future non-traditional specialized assignments may POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 117 also be put on a different schedule (i.e., 5/8) f. Reopener The parties agree that the City may reopen the issue of shift scheduling with the Guild. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. g. The normal workday shall be inclusive of the thirty -minute lunch period for all members of the bargaining unit. Officers in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding Patrol Officers, Traffic Officers, and Detectives will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and officers on leave may bid by proxy or email. The City may move an officer during the year, or after reviewing the bid results, based upon reasonable necessity. In making such changes, the City will (when practicable) initially request volunteers, and thereafter make remaining assignments by utilizing the least senior officer(s) that meets the Departments' needs. Section 3. Specialty Assignments The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class An officer assigned by the City to perform work out of class (i.e. - as a lieutenant) will receive a 7% premium for those hours spent performing those duties. Section 6. On -Call a. Employees assigned as detectives for CIS and SIU, and employees assigned to the Bomb Unit may be placed on a rotating, on -call schedule. No detective is required to act as a back-up or secondary on -call, but the parties recognize when contacted all detectives are urged and encouraged to accept necessary call -ins. The rotating, on -call schedule for employees assigned as detectives POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 118 and the procedures for assigning such employees to the rotating, on - call schedule shall be the rotating, on -call schedule and procedures that are currently being used for detectives. The on -call schedule for employees assigned to the Bomb Unit and the procedures for assigning such employees to the on -call schedule shall be the on -call schedule and procedures that are currently being used for employees assigned to the Bomb Unit. b. Employees assigned to the Traffic Unit/Major Accident Investigation Team may be placed on a rotating, on -call schedule so long as no fewer than eight (8) employees are assigned to the single Traffic Unit/Major Accident Investigation Team on call schedule. The Major Accident Investigation Team shall be composed of those employees assigned to the Traffic Unit and volunteers obtained by the City using the current procedure used for making specialty assignments. The rotating, on -call schedule for employees assigned to the Traffic Unit/Major Accident Investigation Team and the procedures for assigning such employees to the rotating, on -call schedule shall be same as the rotating, on -call schedule and procedures that are currently being used for detectives. c. Employees who are on -call pursuant to an on -call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 119 ARTICLE 8: OVERTIME Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one -quarter hour, with the major portion of one -quarter hour to be paid as one -quarter hour. a. Compensatory time may be accrued by an employee at the time and one- half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 1. Scheduling The City has the right to schedule overtime work as required in a manner most advantageous to the Department, consistent with the requirements of municipal employment and the public safety. Section 2. Callback Any employee called back after finishing his/her regular shift, or called to report on his/her day off for any reason (including being called into court on matters arising directly from the officer's employment as a police officer), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. a. When an officer is called back to work within a three (3) hour period immediately preceding his/her regular shift, he/she shall be entitled to pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay from the time of appearance to the time his/her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when an officer is on duty and extends past his/her regular shift, shall be compensated at one and one- half (1-1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 120 c. (i) Between two regular work shifts, graveyard patrol officers who are called back to work or attend court during hours outside the officer's regular work shifts will be granted up to eight consecutive hours of break from work for a rest period before being required to return to work. The break begins when the employee arrives back at the police station following the court or work obligation. c. (ii) When the rest period encroaches into an employee's subsequent regular work shift and the employee intends to exercise the rest break option, the employee must notify an on -duty supervisor or commander in advance of the anticipated tardy arrival. The employee will be paid (at the regular straight time rate) for rest break hours as if the employee was present at work. c. (iii) This does not create a mandate for the employee to take an eight -hour break before the employee can return to a work assignment. There is no rest period granted in association with extra duty work — the expectation is that officers will manage such optional work in a manner that allows them sufficient rest prior to their regular work shifts. c. (iv) If an officer calls in sick following the rest period instead of returning to work as scheduled, the entire shift will be deducted from the officer's sick leave. d. In the event an officer is given less than twelve (12) hours' notice of cancellation of a scheduled off -duty court appearance, he/she shall be entitled to three (3) hours pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. See Appendix C for additional provisions regarding Callback Overtime. Section 3. 7(K) Exemption The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 4. Non -Pyramiding Premium or overtime pay shall not be duplicated or pyramided. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 121 Section 5. FLSA Provisions The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan. The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) The Employer shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessaryfor the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Kaiser Permanente PPO Access or HMO insurance plans, or equivalent, as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). b. (ii) There will be a Plan A and a Plan B. An officer and spouse/partner (if covered under the plan) both must complete the Healthcare Questionnaire, the Biometric Screening, and the officer must participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. The Guild will work with the City to develop mutually agreeable challenges. c. If the City seeks to change current medical plan providers, the City will provide notice and opportunity to bargain. Any new medical plan providers must provide benefits at least equivalent to the current plan providers. d. (iii) The Guild will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. e. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. f. Other. The life insurance benefit shall be two (2) time's annual salary to a maximum of $220,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 122 Section 2. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement, that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of-pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. a. Employer Contribution. In 2022, on the first of the month following ratification, the City will pay a one- time lump sum contribution of $500 into the employee's HRANEBA account of each bargaining unit employee. Effective January 1, 2023, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRANEBA account, which the City will contribute by the first pay period of the year (January 20tn) Effective January 1, 2024, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRANEBA account, which the City will contribute by the first pay period of the year (January 20tn) Should an unforeseen delay occur with the City contribution, the City will notify the Guild when it becomes aware of such delay. City contributions will be made to the Standard HRA, which allows for active access of HRANEBA funds, provided that the employee is covered on the City's health insurance plan or covered on another qualified group health plan. Should an employee not meet the coverage criteria, the City contribution will be made to a Post -Separation HRANEBA account and funds would not be available to the employee until after separating from service. The City will make no other contributions to the plan. b. Mandatory Employee Contribution. Effective on the first of the month following 30 days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRANEBA. Section 4: Retiree Medical Trust 1. The Guild and its members will participate in a retiree medical trust administered by PORAC Retiree Medical Trust ("RMT"). Effective January 1, POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 123 2021, the City will deduct from employee gross wages and transfer a pre-tax employee contribution of $50.00 on a bi-monthly basis for each employee on an ongoing basis. There shall be no employee election available to take the employee contribution amount in cash or to determine the employee contribution amount. 2. The City is not a party to the RMT, aside from transferring funds, and has no obligations related to the RMT's management, regulatory compliance, or performance. In the event the RMT becomes insolvent or unable to pay retiree medical benefits, the City has no financial obligation to the RMT, the Guild, or the Guild's members. 3. There will be no cost to the City of establishing the RMT. The Guild will pay to the City such reasonable and necessary sums related to any payroll programming needed to effectuate any City automatic transfer of employee funds to the RMT. 4. The City will comply with reasonable rules set by the RMT with regard to reporting and depositing the required contributions set forth above. In the event the reporting requirement of the RMT requires reporting beyond that which the City typically provides to third -party benefit providers, the City will require the Guild to pay for any costs related to programming or producing such reports. Prior to engaging in any activity that could result in such an expense, the City will secure the Guild's authorization. 5. The Guild agrees to indemnify and hold the City harmless from any liabilities of any nature that may arise as a result of the operation of the RMT, except for the obligation of the City to remit and report the non -elective transfer of employee contributions as described above. 6. The monies contributed to the RMT shall only be used for retiree health insurance premiums or health care expenses, as allowed by the law and the RMT Summary Plan Description. There shall be no employee election or option available to take employee amounts in unrestricted cash. 7. The purpose of the RMT is to provide for retiree medical coverage and reimbursement benefits. The RMT shall be and remain separate and apart from any City health insurance or City administered HRANEBA funding program. 8. The employee contributions to the RMT as set forth above shall be included as salary for purpose of calculating pension benefits, unless otherwise dictated by law of the administrative rules of the State of Washington LEOFF II Retirement Plan. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 124 ARTICLE 10: MISCELLANEOUS Section 1. Auto/Auto Reimbursemen a. (i) Take Home Cars. Upon the completion of the probationary period, bargaining unit employees who live within the City limits and/or PAA (Potential Annexation Area) shall be issued take home vehicles which may be used to commute to and from work and for transportation to all matters arising directly from the officer's employment as a police officer, including extra -duty employment. Also, school resource officers who live within the City limits, the on -call detective, K-9 officers, employees assigned to SIU, and traffic officers assigned to motorcycles shall continue to be issued take home vehicles in accordance with current practice. a. (ii) The Study Of Take Home Car Program. A labor management committee shall be maintained to study and discuss the pros and cons of expanding the boundary for take home cars and submit its findings for biennial budget discussions. a. (iii) Employee Vehicles. All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 2. Appearances Before the Civil Service Commission PERC or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or a labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Guild Negotiating Committee Up to four (4) employees who serve on the Guild Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 4. Guild Business The Department shall afford Guild representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Guild counsel and/or aggrieved employees, provided that the Guild representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Guild representatives shall not use excessive time in handling such POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 125 responsibilities. The Guild shall give the City as much advance notice as reasonably possible of such time off requests. Section 5. Bulletin Boards The City shall permit the use of a bulletin board by the Guild for the posting of notices relating to official Guild business, so long as the matters posted are not discriminatory or otherwise unduly interfere with the operations of the Department. Section 6. Damage of Personal Effects Employees who, in the line of duty, suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Section 7. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he/she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he/she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Section 8. Uniforms and Equipment a. (i) Department Issued Uniforms and Equipment. As detailed more fully in a Memorandum of Agreement between the parties agreement on uniforms, all commissioned officers shall be furnished required uniforms and equipment. a. (ii) Dry -Cleaning. Uniforms shall be dry-cleaned at the City's expense as necessary. a. (iii) Annual Allowance. All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job -related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job -related footwear, clothing, or accessories during a year. Officers assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative Officer in Professional Standards will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories, and uniform footwear. Traffic officers assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 126 footwear, clothing, accessories, and eye protection. ® All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise the total reimbursable expense is capped at $325 for new motorcycle officers. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above. As used in this Section, "accessories" include the following items. Nothing prohibits the City and Guild from modifying this list through written agreement. • T-shirts (black or white) Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) ® Baseball caps (with FWPD mini -patch) Watch cap (with FWPD mini -patch) Nylon web gear • "Comfort Fit" Belt System Handcuffs (nickel -plate or black finish) Metal baton • Mini -flashlight • Mini -flashlight pouch/holder ® Key Holder • Latex glove holder • Radio earpiece ® Folding knife (no more than 4" blade length) • Patrol bag / Carry case • External Armor Carrier (see MOS 41.35D External Body Armor Specs) ® Suspenders for duty belt • Holsters (must comply with department specifications for either • Uniform or plain clothes on -duty use) Firearms (must comply with department specifications for either • uniform or plain clothes on -duty use) • Sights for firearms (must comply with department specifications for POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 127 either uniform or plain clothes on -duty use) Section 9. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he/she will inform his/her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Officers who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 10. PIO / OPS / PSO The duties currently performed by the Public Information/Crime Prevention Officer and the duties previously performed by the bargaining unit employee assigned to the Office of Professional Standards may be assigned to non -bargaining unit employees employed by the City. Section 11. Community Center Guild members will be eligible to participate in the Federal Way Community Center's employee discount program pursuant to the Employee Guidelines. The parties recognize the City may need to make changes to the program. In the event the City desires to make changes, the City shall give the Guild at least ten (10) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Section 12. Domestic Partner/Partnership a. Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: (i) Not related by blood closer than would bar marriage in Washington State. (ii) Not married to another or in any other domestic/civil partnership. (iii) 18 years of age. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 128 (iv) Competent to contract when the domestic partnership began. (v) Each other's declared sole domestic partner. (vi) Currently sharing primary residence/mutual support/intend indefinitely. (vii) In an intimate, committed, and exclusive relationship (viii) Of the same sex and/or opposite sex and responsible for each other's common welfare. b. Benefits (i) A person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "spouse"/"dependent" for all purposes under this agreement. (ii) A dependent child of a person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's It for all purposes under this agreement. Section 13. Tuition Reimbursement a. (i) The City will reimburse employees for the cost of tuition and for the cost of books, for prospective requests only, as long as the subject matter of the specific course or course of study is job -related and the tuition costs do not exceed those found at the University of Washington. a. (ii) In order to obtain the reimbursement, the bargaining unit member must successfully complete the course, attaining a C grade or higher and must reimburse the City if they leave the City's employ within two years of class completion. a. (iii) The City shall make twenty thousand dollars ($20,000.00) per year available to bargaining unit members for tuition reimbursement. If at any time during a year the maximum twenty thousand dollars ($20,000.00) limit is reached, then all subsequent requests for tuition reimbursement shall be denied. ARTICLE 11: PROHIBITED PRACTICES Neither the Guild nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other unlawful organized effort that interferes with the efficient operation of the Department. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Guild POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 129 agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he/she cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Criminal Investigations In criminal matters, an employee shall be afforded the Constitutional rights available to any citizen. Section 2. Disciplinary Definitions For purposes of this article, "discipline" means verbal warnings, written reprimands, suspension without pay, a withheld step, demotion, and discharge. "Consequential discipline" means suspension without pay, a withheld step, demotion, and discharge. "Corrective discipline" means verbal warnings and written reprimands. "Disciplinary Investigation" includes standards investigations done by the Police Department and investigations done by Human Resources or an agent thereof. "Interrogation" means any questioning of a subject employee by an agent of the City who is conducting a disciplinary investigation. Section 3. King County Inquests The City will not impose corrective or consequential discipline against an employee based solely on the findings of a King County inquest proceeding. Section 4. Just Cause No employee shall be subject to discipline except for just cause. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 130 Section 5. Off -duty Misconduct An employee who engages in off -duty misconduct may be subject to discipline when: (1) the off -duty misconduct, if known, would harm the City's reputation in the community; (2) the off -duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police officer holds. Section 6. Disciplinary Investigations In disciplinary investigations the following guidelines shall be as follows. a. The Department will notify a member of the Guild E-Board: 1. Prior to serving an employee with notice of the disciplinary investigation; 2. Prior to interviewing subject employee; and 3. Of the results of an investigation after it is completed. b. The subject employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Guild's right to request information. C. Employee will be given reasonable notice of scheduled interview times unless such notice would jeopardize the successful completion of the investigation. The notice will also: 1. Advise the employee whether s/he is being interviewed as a witness or is the subject of the investigation (is accused of wrong -doing); 2. Advise the subject employee of his/her right to have a Guild representative present at the interview. Neither the investigator nor the police administration will discourage the presence of a Guild representative; and 3. When a subject or witness employee states a desire to have representation present, the Department will allow a reasonable time for the employee to summon representation. d. Interrogations shall take place at the City Police Department and will occur during the employee's normal work hours; during the employee's assigned administrative leave hours; or at a time and place agreed upon by the interviewer and the Guild. e. During the interrogation and before questioning occurs, the investigator POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 131 will inform the employee that failure to fully and truthfully answer questions may result in disciplinary action up to and including termination. f. Questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department shall tape record the interrogation of a subject employee. Upon request, a copy of the tape and the transcript will be provided to the Guild. For all Guild witnesses (other than the subject employee), the Department will either tape the interview or seek a written statement, which will become part of the investigation and will be provided to the Guild upon request. Disciplinary investigations shall be concluded in a reasonable time. Section 7. Pre -Discipline Meetings Prior to the imposition of corrective or consequential discipline, the Department shall provide a complete copy of the investigation file to the Guild. In addition, the Department shall notify the Guild of the proposed level of corrective or consequential discipline. In cases where corrective or consequential discipline is recommended, the subject employee and/or the Guild may meet with the Chief of Police or his/her designee to provide mitigating circumstances related to the disciplinary action being considered. Section 8. Imposing ❑iscipline The Department shall provide written notice to the subject employee and the Guild of the imposed discipline, including a summary of the factual conclusions and the policies, procedures and/or standards violated. Verbal reprimands are subject to steps 1 through 4 of the Article 14 Grievance Procedures; written reprimands are subject to steps 1 through 5 of the Article 14 Grievance Procedures. Consequential discipline is subject to all steps of the Article 14 Grievance Procedure. Section 9. Maintenance of Disciplinary Records Disciplinary records will be maintained and used consistent with the Department's Manual of Standards Section 26.1.8 and State retention schedule for POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 132 government records. ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Guild concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Guild, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Guild within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 133 Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Manager of Human Resources, by the Guild within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen - day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration by the Guild within thirty (30) calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing by the Guild, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel For non -disciplinary grievances, the City and the Guild shall try to agree upon a mutually acceptable Arbitrator. If the parties fail to agree, they shall request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service, with all Arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. For disciplinary grievances, the arbitrator shall be assigned by PERC under the arbitrator assignment process for law enforcement personnel disciplinary grievances established by SSB 5055 (2021). The decision of the Arbitrator shall be final and binding on the parties POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 134 a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Police Guild mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbitrator shall be borne equally by the parties. d. All other costs and expenses will be borne by the party incurring them, including the costs of representation. e. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended up to 30 days to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 135 provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, for just cause. Section 7. Probationary Period All newly hired must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee completes the training academy and receives his/her commission. The probationary period for lateral hires shall end six (6) months from the date the employee is hired. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period The probationary period is an extension of the hiring process; therefore, the provisions of this Article will not apply to employees if they are discharged during their initial probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Guild, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Guild shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on any basis prohibited by law. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Guild agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. In such situations, the following process shall apply: POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 136 a. If the officer has been specifically informed by his/her physician that the drug(s) will not impair performance or the ability to operate an automobile, the officer is not required to,make a disclosure to the Department. b. In cases where an officer makes an advisement to the Department, the Chief shall determine whether the drug could impair the ability of an officer to operate an automobile or perform other job functions (hereafter "impair performance"). In situations where the answer to that question is not otherwise clear to the Chief, or in cases where the officer believes that there will be no impaired performance, the Chief will seek the expertise of a medical professional to determine whether the drug(s) could impair performance. c. If the medical professional consulted by the Chief states that the drug would not impair performance, or if the Chief is otherwise able to make this same determination, the officer will be so informed and no further action will be taken. d. If the medical professional concludes the drug could impair performance, or if otherwise required pursuant to this Agreement, the officer will provide written authorization from a physician that the drug will not impair performance. In responding to the request, the physician will only be asked to confirm that the drug will not impair performance, and will not be asked to provide an further information to the Chief. e. If the physician determines that the drug could impair performance that information will be provided to Human Resources for a determination of whether accommodations can be made. Any information provided to the City will be placed in an ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician, related to the requirements of this Agreement, may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining of the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 137 enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence. In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (ng/ml) Test Level Amphetamines................................................................................... 1000 Barbiturates.................................................................................................... 300 Benzodiazepines........................................................................... •. ........300 Cannabinoids.......................................... .................. 100 Cocaine metabolites...................................................................................... 300 Methadone..................................................................................................... 300 Methaqualone................................................................................................ 300 Opiates (Codeine)..................................................... ........... ....... •....... 300 Opiates(Morphine)........................................................................................... 300 Phencyclidine (PCP)........................................................................................ 25 Propoxyphene................................................................................................ 300 Level of the positive result for alcohol ..................................... 0.04 blood alcohol POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 138 C. Illegal Drugs. All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter Drugs. Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs. All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with a Guild representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Guild representative may be present during this discussion. C. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Guild representative) and proper chain -of -custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Guild. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 139 must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: ng/ml. h. If immunoassay is specific for free morphine, the initial test level is 25 Section 5. Confirmatory Test. Marijuana metabolites................................................................15 ng/ml Cocaine metabolites................................................................. 150 ng/ml Opiates Morphine.. ................................................................300 ng/ml Codeine......................................................................... 300 ng/ml Phencyclidine ................................. ........ 25 ng/ml ............................... . Amphetamines Amphetamine ............. . ............................... 500 ng/ml Methamphetamine....... ......................... ................... ...... 500 ng/ml Section 6. At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Guild (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 140 ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police officer for those officers hired before July 15, 1997, and as total service as police officers with the City of Federal Way for employees hired thereafter. However, previous service as a Federal Way police officer will not be considered for employees rehired after two years or more of separation from the Department. For new and lateral hires on or after January 1, 2022: the employee's date of hire will be used for City seniority (for benefits, insurance, leave accruals, and other Citywide purposes), and the employee's commission date will be used for Police Department seniority (for overtime, vacation bid, shift bid, take home cars, and other Police Department specific purposes). ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: RESERVED ARTICLE 20: DURATION This agreement shall be effective until December 31, 2024. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. DATED this day of CITY OF FEDERAL WAY. Jim Ferrell, Mayor Approved as to form: City Attorney, J. Ryan Call 2022. FEDERAL WAY POLICE GUILD Richard Kim, Guild President POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 141 APPENDIX A WAGES Police Officer: Effective and retroactive to January 1, 2022 a 4.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) 37-48 mo. 48+ $6087 $6393 $6940 $7523 $8165 Effective January 1, 2023 a 4.0% increase. Step A Step B Step C Step D Step E (0-12 mo.) (13-24 mo.) 25-36 mo. (37-48 mo.] 48+ $6330 $6649 $7218 $7824 $8492 Effective January 1, 2024 a 4.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 48+ $6583 $6915 $7507 $8137 $8832 The Guild understands that former employees will not receive retroactive pay pursuant to this Agreement. DEFERRED COMPENSATION: The City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of two (2) percent of the employee's base rate of pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 142 APPENDIX B OVERVIEW FOR CAREER DEVELOPMENT PROGRAM Item 075 years 6-10 years 11-15 years 16-20 years 21 years + Career Development 0%* 3.25% 5.25% 7.25% 9.25% Program City Residency 1 % 1 % 1 % 1 % 1 % A. A. Degree 2% 2% 2% 2% 2% Bachelor's 4% 4% 4% 4% 4% Degree Placement on the schedule is based on total years of experience as a commissioned police officer regardless of whether such experience is with the City or other jurisdictions. The steps under this schedule are not cumulative and an employee is only entitled to the percentages under the step (i.e. 0-5 years, 6-10 years, 11-15 years, 16- 20 years, 21 years+) they are currently at. New hire Officers must be off probation to receive Career Development Pay. However, Lateral hire Officers will receive Career Development Pay during probation. An employee who is in the Career Development Program and establishes residency in the City shall immediately begin receiving Career Development Residency pay. An employee who is in the Career Development Program and leaves residency in the City shall immediately cease receiving Career Development Residency pay. The percentages set forth above are calculated on and added to the base rate. Matrix Requirements (at least one of the following three). 1. Formal education (at least 2 credits) at an accredited college or university, or POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 143 2. Obtain at least 50 hours of specialized or in-service training annually, or 3. Serve in a specialized or collateral assignment. a. Specialized Assignments: SWAT, SOU, SROs, Commons, Mall, FTO, CIS/SIU, Traffic Unit, Bomb Unit, K-9, Basic Academy Tac Officer. b. Collateral Assignments: Firearms Instructor, Defensive Tactics Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor, MAIT Team, Drug Recognition Expert ("DRE"), DIRE Instructor, Civil Disturbance Unit ("CDU"), Administrative Officer, Crisis Communications Unit/HNT, Taser Instructor, and Total Station and such other assignments as mutually agreed by the parties. Review of officer performance in the Career Development Program Matrix will occur at time of the officer's performance appraisal. Failure to meet requirements of program will result in loss of Career Development Program percentage only for a minimum of one (1) year. A failure to meet the requirements of the program will not result in the loss of education and/or residency pay. In any year in which the City fails to fund or offer training or tuition reimbursement at the level of public universities in the State of Washington, the continuing education requirements to participate in the Career Development Program will be waived. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 144 APPENDIX C CALLBACK OVERTIME Home preparation time and travel time to & from work are not compensated. (The only exception is for unexpected specialty callbacks as described below.) Compensation for extra work begins at the start of the shift for which the employee signed up, at the start of a pre -planned meeting, or at the scheduled start of another planned event. When an officer is unexpectedly called back for patrol coverage outside of regular shift starting times:' • For officers without a take home vehicle, overtime starts when the employee arrives at the police station. • For employees with take home vehicles, overtime starts when the officer is in uniform, in their police vehicle, within the city limits, and calls in service. For court appearances during an employee's normal time off, overtime starts at the designated appearance time in court.2 If, however, the officer first arrives at the FW police station to get a police car, overtime includes travel time from FWPD to court. Overtime continues until the employee is released from court and arrives back at FWPD. For specialty employees3 responding to an unexpected callback during their normal off -duty hours, overtime starts at the time the employee gets the call directing them to come to work. Pre -arrival time is capped at one hour. (One hour prior to arrival or the actual commute time, whichever is less.) This applies the same to all responding specialty employees, whether they go to the police station first or travel directly to the scene. Compensation for travel time specifically does not apply to: e Regular work shifts • Travel time home from work, no matter what the occasion or event • Shift call -in or callback for patrol • Any extra work to which the employee was assigned in advance (i.e., a planned operation by CIS, a scheduled warrant service by SWAT, work teams on July 4, etc.) 1 This includes occasions when CBA Article 8, Section 3 would normally apply 2 This includes when an officer drives directly to court from home. 3 Applicable specialties include CIS, SWAT, BDU, MATT, and Total Station. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 145 • Work for which the employee voluntarily signed -up (extra patrol shifts, emphasis patrols, extra duty, etc.) • Any pre -approved overtime (by definition, if something is pre -approved then it isn't an unexpected callback, such as CIS case completion on a weekend) • Training (as an instructor or student) • RSO work POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 146 APPENDIX D DETECTIVES Proposition Model: Adding 4 detectives Day Shift 0600 — 1600 Swing Shift 1100 - 2100 Persons Unit 5 1 Property Unit 5 1 Family Unit 2 (new positions) 2 (new positions) 12 4 • Total of 16 detectives • Modify a lieutenant schedule to cover Swing Shift hours ® Detectives will work Monday — Friday (Saturday's excluded) • Detective can adjust schedule with supervisor approval — current practice TRAFFIC UN • Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car) Work Days: Monday — Saturday • Hours: 0600 — 2100 • Motorcycle Officers will work day light hours (some will be adjusted for Winter and Summer seasons) • Accident Cars will work Day and Swing Shift hours, (i.e., to 2100 hours) • If DUI Officer is assigned to Traffic Unit, the hours will be into early morning hours, i.e. 0400 hours. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 147 COUNCIL M. .EETING DA. .TE: Januar. ............y 18, 2022. ........ ITEM #: 7C CITY OF FEDERAL WAY CITY COUNCIL AGENDA -BILL SUBJECT: APPROVAL OF INTERLOCAL AGREEMENT FOR SOUTH COUNTY AREA TRANSPORTATION BOARD POLICY QUESTION: Should City Council approve and authorize the Mayor to execute the membership agreement for the South County Area Transportation Board? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, PE ' Attachments: 1. Staff Report 2. Draft Agreement Options Considered: DEPT: PW ............... 1. Approve proposed agreement; 2. Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. (staff change or remove as appropriate) MAYOR APPROVAL: 1 �y f I DIRECTOR APPROVAL. Co itt Co Icil Ittitialll]utc InirmU-0. a InitialJUnle COMMITTEE RECOMMENDATION: N/A Greg Baruso. Committee Chair Martin Moore, Committee Member Hoang Tran. Committee Member PROPOSED COUNCIL MOTION: "I move approval and authorize execution of the proposed agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 18, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 4 .qt% Rick Perez, P.E., City Traffic Engineer SUBJECT: Approval of Interlocal Agreement for South County Area Transportation Board FINANCIAL IMPACTS: This is renewing the City's membership, so no new Financial Impacts are proposed. The annual membership dues are $100 and have historically been paid from the Mayor's Office budget. BACKGROUND INFORMATION: The City has been a member of the South County Area Transportation Board (SCATBd) nearly since its inception. SCATBd acts as a sub -regional forum to share information, build consensus, and provide advice on plans, programs, policies, and priorities for countywide, regional, state, and federal transportation decisions affecting South King County. Although this is an ongoing membership and the City's roles and responsibilities are not significantly different, the draft membership agreement before the Council is different enough that it has been determined that Council approval is required. South County Area Transportation Board Agreement Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City of SeaTac City of Tukwila Muckleshoot Indian Tribe King County Transmitted to parties for approval and signature on THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called `Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLAW, hereafter called "Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley"; the CITY OF MILTON, hereafter called "Milton"; the CITY OF NORMANDY PARK, hereafter called "Normandy Park"; the CITY OF PACIFIC, hereafter called "Pacific"; the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEATAC, hereafter called "SeaTac' ; the CITY OF TUKWILA, hereafter called "Tukwila"; the MUCKLESHOOT INDIAN TRIBE; and KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County" as members of the South County Area Transportation Board. WHEREAS, the parties to this agreement recognize that multi jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board has served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the south King County area; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of this Agreement The purpose of this Agreement is to recognize the South County Area Transportation Board as the transportation board for the south King County area to share information, build consensus, and provide advice on plans, programs, policies and priorities for countywide, regional, state and federal transportation decisions. 2.0 Members and Voting Members shall have full voting rights, limited voting rights or shall be non -voting members, as follows: 2.1 Members with Full Voting Rights: Only jurisdictions which are signatories to this agreement shall have full voting rights on all of the following issues before the South County Area Transportation Board, unless otherwise noted, including: 1. Administrative issues, such as additional members and use of dues. 2. Recommendations to Sound Transit on policies and capital and service plans and implementation. 3. Recommendations to King County on Metro Transit planning, development and implementation of products and services. 4. Identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the Transportation Policy Board. 5. Recommendations to WSDOT on policies, programs and projects. 6. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 7. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 8. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation -related programs. 2.2 Members with Limited Voting Rights: The South County Area Transportation Board may add members with limited voting rights on the issues such as those listed below by unanimous vote of the parties to this agreement in attendance at a regular meeting. 1. Recommendations to WSDOT on policies, programs and projects. 2. Recommendations to the PSRC on plans, policies, programs and projects such as Transportation 2040 updates and regional funding policies, strategies or programs. 3. Input to the State Legislature and committees and commissions established by the Legislature on transportation policy, budget and priorities and legislative proposals and studies. 4. Recommendations to the federal delegation on federal legislation including reauthorization and funding priorities and other transportation -related programs. 2.2(a) Such members and voting rights, if any, shall be listed in operating procedures to be adopted by the South County Area Transportation Board. 2.3 Non -Voting Members: The South County Area Transportation Board may add non -voting members by unanimous vote of the parties to this agreement in attendance at a regular meeting. The South County Area Transportation Board may remove non -voting members by a unanimous vote of the parties to the agreement at a regular meeting. 2.3(a) Such members shall be included in operating procedures to be adopted by the South County Area Transportation Board. 2 3.0 Representation and Conduct 3.1 Revresentation of city and county members shall be as follows: Full Votin Members Number of Representatives City of Algona 1 City of Auburn 1 City of Black Diamond 1 City of Burien 1 City of Covington 1 City of Des Moines 1 City of Enumclaw 1 City of Federal Way 1 City of Kent 1 City of Maple Valley 1 City of Milton 1 City of Normandy Park 1 City of Pacific 1 City of Renton 1 City of SeaTac 1 City of Tukwila 1 Muckleshoot Indian Tribe 1 King County 3 3.2 Elected officials shall be appointed to the South County Area Transportation Board by their cities and counties for a one-year term. King County representation shall be a maximum of two Councilmembers and the King County Executive. 3.3 Each city or county participating member may appoint an alternate for a one-year term. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.0 Operating Procedures 4.1 The South County Area Transportation Board shall adopt operating procedures to specify limited voting members and non -voting members, if any, dues for limited and non -voting members, if any, and operational issues such as election of officers, formation of subcommittees and rules of order. A chair and vice -chair shall be elected per the operating procedures and shall be responsible for setting meeting agenda, running meetings and any other activities identified in the operating procedures. 5.0 Lead Agency 5.1 King County will be the Lead Agency for receipt and disbursement of funds collected through annual dues, and general administrative and program support for the South County Area Transportation Board. King County assumes wage and benefit costs of its staff performing Lead Agency responsibilities to the extent that King County appropriates such funds. The Lead Agency, in its sole discretion, shall determine the level of staffing available based upon funding. 5.2 Lead Agency responsibilities may be limited to: maintaining the South County Area Transportation Board membership rosters and distribution lists; arranging for Board meetings, including scheduling, agendas and rooms; collecting, administering and disbursing Board dues; providing Board meeting support to the chair and vice chair; attending Board meetings; and preparing Board meeting summaries. 6.0 Financing and Cost Sharing Guidelines 6.1 Yearly Dues: The South County Area Transportation Board members shall pay a minimum of $100.00 per full voting representatives in annual dues to remain members in good standing. The Lead Agency will bill annually at the end of each year, and dues are to be paid within ninety days after receipt of the invoice. Members not in good standing shall lose voting rights until the required dues are paid. Additional dues above $100.00, and any dues required by limited or non -voting members, will be determined by the South County Area Transportation Board as prescribed in the operating procedures. Revenue from dues shall be used for special events, public education, or other expenses authorized by the South County Area Transportation Board. The designated Lead Agency shall not be required to pay yearly dues. 6.2 Annual Review of Financing: The South County Area Transportation Board shall determine by June 30 of each year whether additional annual dues above $100.00 per voting representatives will be required of the South County Area Transportation Board member jurisdictions for the following year. 6.3 Additional financial contributions: If additional financial contributions beyond an increase in dues are determined to be necessary, costs shall be shared among all voting members, with an option for King County to recuse itself from further financial obligations. Recused members may not vote on determining the additional financial contribution or uses for the additional funds. 6.4 Modification to Agreement Required: If additional funds are determined to be necessary, a modification to this agreement specifying cost -sharing, purpose, scope of work, administration, collection and disbursement of funds and other details is required in order to obligate a member jurisdiction to funding participation. 7.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to the chair of the South County Area Transportation Board at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to the South County Area Transportation Board and shall pay any dues required to be paid under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. All obligations other than dues cease upon withdrawal. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw from the Agreement. 8.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties. This Agreement shall remain in effect until December 31, 2023, provided that unless terminated earlier in accordance with Section 9.0, this 4 Agreement shall be automatically extended upon the same terms or conditions for another term commencing January 1, 2024, and ending no later than December 31, 2025. 9.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 11.0. 10.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 8.0 or 9.0, any personal property other than cash shall remain with the Lead Agency. 11.0 Return of Funds At such time as this Agreement expires without being extended or revised, or is terminated in accordance with Section 9.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the total balance at the time of termination. 12.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 13.0 Legal Relations 13.1 The parties shall comply with all applicable state and federal laws and regulations. 13.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 13.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section, against the other party, all such fees, costs and expenses shall be recoverable by the prevailing party. 13.4 The provisions of this Section shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 14.0 Entirety and Modifications 14.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 14.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 15.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. City of Algona By: Date: City of Burien By: Date: City of Federal Way By: Date: City of Normandy Park By: Date: City of SeaTac By: Date: King County By: Date: City of Auburn By: Date: City of Covington By: Date: City of Kent By: Date: City of Pacific By: Date: City of Tukwila By: Date: City of Enumclaw By: Date: City of Black Diamond By: Date: City of Des Moines By: Date: City of Maple Valley By: Date: City of Renton By: Date: Muckleshoot Indian Tribe By: Date: City of Milton By: Date: 2 COUNCIL MEETING DATE: -a�� 1J�2- ITEM,: 8a CITY FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Code Amendments: Public Transportation Facilities POLICY QUESTION: Should Title 19 of the Federal Way Revised Code be amended to allow Light Rail or Commuter Rail Transit Facilities as a permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: James Rogers DEPT: Community Development Attachments: 1. Staff Report MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: I DIRECTOR APPROVAL: ❑ liRcc COL cil In1haIlDn�e tail 1lDate India lDatL COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for a public hearing and First Reading on October 19, 2021. V,k CA- Zones V�a 2D0,nn �.J C-200M Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE ( ): "I move to forward the proposed ordinance to the Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE ( ): "I move approval of the proposed ordinance. " •(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading T:IBLED EFERRED/NO ACTION j0,j l61WZL(?e Enactment reading ❑ N-IOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION 4 CITY OF Federal Vila Centered on Opportunity MEMORANDUM DATE: January 13, 2022 TO: City Council Via: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 v~ - c ity offed era lway. ca m Jim Ferrell, Mayor SUBJECT: Council Bill #812/Amending FWRC Title 19 regarding Public Transportation Facilities The subject matter for this agenda item is parking requirements for transportation facilities, most notably light rail stations. At the October 19, 2021 Council Meeting, the Council tabled this item to the January 18, 2022 Meeting. The City has been working closely with Sound Transit Staff since October on developing the proposed ordinance, and the joint agency team came to staff -level agreement this week. Mayor Ferrell has reviewed the ordinance and will recommend approval, but Sound Transit needs additional time for their executive review. We therefore ask that this item be tabled to the February 15, 2022 Council Meeting. Thank you for your consideration. COUNCIL MEETING DATE: January 4, 2022 ITEM #: 8b . . ... . . . . .... ................ . .... . .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MODIFYING THE CITY'S NUISANCE CODE POLICY QUESTION: Should the City Council modify the City's nuisance code to address chronic nuisance properties and provide for emergency summary abatement for severe and emergent nuisances in the City? COMMITTEE: LAND USE TRANSPORTATION COMMITTEE MEETING DATE: December 6, 2021 CATEGORY: ❑ Consent M Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne, Assist. City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S MAYOR APPROV : Option 1. Initial/Date COMMITTEE RECOMMENDATION:1 ?.o VL -for ,fig'" -CCAJ rj f Committee Chair PROPOSED COUNCIL MOTION(S): DIRECTOR APPROVAL:&M 111% allot Initial/Date Z movr. -- .P,-kkrcJ rf -"el 'ho the — Committee Member Committee Member FIRST READING OF ORDINANCE (JANUARY 4, 2022): "I move to forward the proposed ordinance to the January 18, 2022 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 18, 2022): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # fqlqj�� at v CITY OF FEDERAL WAY MEMORANDUM DATE: November 23, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney Kent van Alstyne, Assistant City Attorney SUBJECT: Modifying the City's Nuisance Code Financial Impacts: None anticipated. Any staffing requirements incurred through enforcement of this proposed code section would be internalized among existing personnel. Background Information: Federal Way Revised Code ("FWRC") identifies and regulates nuisance conditions and provides for both civil, and criminal enforcement of nuisance conditions in the City. Current code identifies both general public nuisances, such as anything "unreasonably offensive to the senses," as well as specific public nuisances, such as improper storage of flammable materials. Civil enforcement of public nuisances provides the City with the authority to post stop work orders, issue notices of violation and orders to correct, and perform abatement of nuisances after providing an opportunity for the alleged violators to appeal the City's determination. However, unlike the municipal codes of many nearby cities and counties, FWRC does not contain either: (1) a specific mechanism for identification and remediation of chronic nuisance properties; or (2) an emergency summary abatement procedure for severe, emergent nuisances. The lack of specific chronic nuisance property regulation makes it difficult for the City to effectively correct the underlying issues that cause certain properties to be repeat offenders. Instead, the City has to deal with each individual instance nuisance condition separately, which frequently does not allow for the wholesale changes necessary to prevent further nuisances at the property in the future. The lack of an emergency summary abatement procedure for true emergencies forces the City to either act outside of its specific code authority or use the considerably slower notice of violation process (taking weeks to months to process) to remedy the violation even when the nuisance poses an extreme and immediate risk to public health. The proposed changes seek to remedy these two deficiencies. Proposed Code Changes: 1. Chronic Nuisance Properties The proposed code amendments would define chronic nuisance properties as those properties where three or more instances of either civil nuisance or criminal conduct attributable to the property owner occur within a 60-day period, or where seven or more such instances occur during any 12-month period. The Community Development Director is authorized to perform civil enforcement and abatement of chronic nuisance properties (code enforcement), while the Police Chief is authorized to criminally enforce the chronic nuisance property code. 2. Emergency Summary Abatement The proposed code amendments would allow code enforcement officials to summarily and immediately abate a "condition that constitutes a severe and emergent threat to the public health, safety, or welfare." Notice of such abatement must be given to the person responsible as soon as reasonably possible. 4 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, modifying the City's nuisance code to address chronic nuisance properties and providing for emergency summary abatement for severe and emergent nuisances in the City; amending FWRC 6.70.010; adding new sections to Chapter 6.70 including sections 6.70.020, 6.70.030, and 6.70.040; and adding a new section to Chapter 1.15 including section 1.15.085. (Amending Ordinance No. 00-374.) WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title 35A RCW; and WHEREAS, the City is authorized to declare and abate nuisances under its general police powers as provided in Article XI, Section 11 of the Washington State Constitution; and WHEREAS, civil and criminal nuisance conditions existing on properties present significant health, safety, and welfare concerns, particularly where the persons responsible for such properties repeatedly fail to take corrective action to abate the nuisance conditions; and WHEREAS, such chronic nuisance properties can have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located; and WHEREAS, the citizens of the City should be able to enjoy ownership, use, and possession of property without negative interference from chronic nuisance properties; and WHEREAS, chronic nuisance properties can also be a financial burden to the City due to repeated calls for service necessitated by nuisance activities that repeatedly occur or exist on such properties; and WHEREAS, it is in the public interest for the City Council to adopt these new and amended regulations in FWRC Titles 1 and 6, to provide a practical process for ameliorating and correcting chronic nuisances. Ordinance No. 21- - Page 1 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by protecting public health and safety. Section 2. Chapter 6.70 "Public Nuisance" of the Federal Way Revised Code is hereby amended to read as follows: Chapter 6.70 PUBLIC NUISANCE AND CHRONIC NUISANCE PROPERTIES 6.70.010 Public nuisance statutes adopted. The following state statutes are adopted by reference: RCW 9.66.010 Public nuisance. 9.66.020 Unequal damage. 9.66.030 Maintaining or permitting nuisance. 9.66.040 Abatement of nuisance. 9.66.050 Deposit of unwholesome substance. Section 3. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new section 6.70.020 to read as follows: 6.70.020 Definitions. Ordinance No. 21- Page 2 of 5 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Chronic nuisance properly" means: (1) Property on which any combination of three or more nuisance activities occur or exist during any 60-day_period; or (2) Property on which any combination of seven or more nuisance activities occur or exist during any 12-month period. ".`Nuisance activitv" means: (1) Any nuisance as defined by state law or local ordinance occurrinnaproperty, including bLrt not limited to violations of Title 7 FWRC. Public Nuisances; or (2) Any criminal conduct as defined by state law or local ordinance occurring on a property, that is wholly or partially attributable to the action or inaction of the property owner, property manager, agent, employee, or designee. including but not limited to the criminal conduct described in Title 6 FWRC, Public Safety and Welfare. Section 4. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new section 6.70.030 to read as follows: 6.70.030 Violations. It is unlawful and a violation of this title, whether by act or omission, to cause, create, maintain. suffer, or allow a chronic nuisance property to occur, exist, or remain. Each day any person allows or fails to abate such chronic nuisance nronertv after notice shall constitute a separate violation. Section 5. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new section 6.70.040 to read as follows: Ordinance No. 21- Page 3 of 5 6.70.040 Penalties and enforcement — Authority. The Community Development Director or designee may enforce the provisions of this chapter through any enforcement provisions in Chapter 1.15 FWRC. The Police Chief or designee ma enforce the provisions of this chapter through the criminal enforcement provisions in Chapter 1.10 FWRC. Any such enforcement of the provisions of this chapter is in addition to, and does not preclude or limit, any other forms of enforcement available to the City including, but not limited to, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct, or discourage unlawful acts in violation of this chapter. Section 6, Chapter 1.15 of the Federal Way Revised Code is hereby amended to add a new section 1.15.085 to read as follows: 1.15.085 Emergency Summary Abatement. Whenever the enforcement official determines that a violation has occurred or is occurring that causes or creates a condition that constitutes a severe and emergent threat to the public health, safety, or welfare requiring immediate abatement. they may summarily abate the condition. Notice of such abatern ent. including tine reason for it, shall be given to the person responsible for the violation as soon as reasonably possible. Section 7. Severabilit . The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 21- Page 4 of 5 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2021. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 5 of 5 COUNCIL MEETING DATE: January 4, 2022 ITEM # 8C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PROPOSED CODE (12.35 FWRC) FOR LICENSING PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING AND EMERGENCY HOUSING AND SHELTER POLICY QUESTION: Should the City amend FWRC Title 12 to include city licensing requirements for permanent supportive housing and transitional housing, and emergency housing and shelter facilities located in the city? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 6, 2021 CATEGORY: ❑ Consent ® Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, Director DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL:�� Ctl ecr Cmnoil % InitiaUDate Initial/Date Initial/Date I COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 4, 2022. AA�3�+L� 4�q ittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 4, 2022): "1 move to forward the proposed ordinance to the January 18, 2022 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 18, 2022): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2020 RESOLUTION # V CITY OF FEDERAL WAY MEMORANDUM DATE: December 6, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director SUBJECT: Proposed Code (12.35 FWRC) for Licensing Permanent Supportive Housing and Transitional Housing, and Emergency Housing and Shelter Financial Impacts: The cost to the City of Federal Way ("City") for implementing this licensing program will include staff costs for processing applications, keeping a database of occupants and locations, and any necessary code enforcement activities. There is a nominal licensing fee that will offset some of the city costs, but the program will not be 100% cost neutral and there will be an ongoing cost for the city to administer this program. The total cost will be dependent upon the number of licenses issued annually. Background Information: On October 19, 2021, the City Council ("Council") approved Council Bill #811 (]code amendments for permanent supportive housing and transitional housing, and emergency housing and shelter). Those amendments created separation standards, intensity caps, and operational requirements for these uses within the city. As part of the Council adoption process, the Council requested that staff develop a licensing program for these facilities, for consideration by Council and potential adoption. SEPA A DNS was issued on July 16, 2021, for the initially -proposed code amendments and no SEPA mitigation was required. The city received and considered the comments on the proposed code amendments and there were no appeals submitted. A SEPA addendum is necessary to incorporate the added requirement for a city -issued license. That addendum was issued in October. Provisions of proposed licensing The proposed code amendments would: 1) create a new code chapter (12.35) governing City licensing of permanent supportive housing and transitional housing, and emergency housing and shelter facilities; and, 2) amend Title 19 in several places to connect the permitting regulation in Council Bill #811 to the new licensing requirements. The licensing code would: 1. Create an annual licensing program; 2. Identify information to be included in the licensing application that would allow the city to track the number and location of these facilities within the city; 3. Establish an application fee; and 4. Include sections requiring certain standards of safety and conduct. Rev 6/2020 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to licensing of permanent supportive housing and transitional housing, and emergency housing and shelter; amending FWRC 19.195.015, 19.200.045, 19.205.080, 19.215.070, 19.220.100, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, and 19.240.095; and adding a new Chapter 12.35 including sections 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, and 12.35.080. (Amending Ordinance Nos. 94-233, 96-270, 97-291, 99-333, 01-385, 02-423, 07-559, 09-605, and 21-921.) WHEREAS, on May 12, 2021, the Washington State legislature enacted ESSHB 1220 ("HB 1220"), which after partial veto by Governor Jay Inslee became Chapter 254, Laws of 2021; and WHEREAS, HB 1220 took effect on July 25, 2021; and WHEREAS, the City Council ("Council") of the City of Federal Way ("City") adopted Ordinance 21-921 in order to conform with state law, the City Comprehensive Plan, and to protect public health and safety; and WHEREAS, HB 1220 expressly permits code cities to impose reasonable occupancy, spacing, and/or intensity of use requirements on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety; and WHEREAS, any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code city's projected need for such housing and shelter; and Ordinance No. 21- Page I of 96 WHEREAS, reasonable intensity, spacing, and occupancy requirements on permanent supportive housing, transitional housing, emergency housing, and emergency shelter are necessary to protect public health and welfare; and WHEREAS, Ordinance 21-921 included operational requirements on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters in its land use regulations under Title 19, Federal Way Revised Code ("FWRC"); and WHEREAS, the creation of a City -issued licensing program to implement the operational requirements contained in Title 19, FWRC, is a reasonable occupancy and/or intensity of use regulation designed to protect public health and safety; and WHEREAS, the creation of a City -issued licensing program does not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelter necessary to accommodate the City's projected need for such housing and shelter; and WHEREAS, an Addendum to the Environmental Determination of Nonsignificance ("DNS") (File 21-102563-SE) was properly issued for these code amendments on October 19, 2021; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on December 6, 2021, and recommended adoption of the code amendments; and WHEREAS, the City Council held a public hearing on these code amendments on January 4, 2021; and WHEREAS, the City recognizes the need to periodically modify Titles 12 and 19 of the Federal Way Revised Code ("FWRC"), "Businesses" and "Zoning and Development Code", Ordinance No. 21- Page 2 of 96 respectively, in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the efficiency of the regulations and the license review process; and WHEREAS, this ordinance, containing amendments to development regulations and creating a licensing provision, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt the new and amended development regulations for FWRC Titles 12 and 19 requiring licensing for permanent supportive housing, transitional housing, emergency housing, and emergency shelter within the City of Federal Way to conform with state law, the City Comprehensive Plan, and public health and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 21- Page 3 of 96 (d) These code amendments are consistent with the intent and purpose of Titles 12 and 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) The adoption of these code amendments has followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP 9 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning mixed -use, commercial and office areas; and distinctive neighborhood retail areas. LUP 10 Support the continuation of a strong residential community. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 13 Maintain and protect the character of existing single-family neighborhoods through strict enforcement of the City's land use regulations. HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. Ordinance No. 21- Page 4 of 96 HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HGS: Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. HP21: Promote fair housing access to all persons without discrimination. HG7: Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP39: Periodically review the FWRC and remove any regulatory barriers to locating special needs housing and emergency and transitional housing within the City as required by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform distribution throughout all residential and mixed -use zones. HP40: Review permit applications for special needs housing in close coordination with service providers and the City's Community Services Division. HP41: Assist special needs housing developers, local service organizations, and self- help groups to obtain funding and support. HP42: Ensure that access to special needs housing is provided without discrimination. Ordinance No. 21- Page 5 of 96 HG8: Develop emergency shelter and transitional housing facilities for the homeless. HP43: Coordinate City actions related to homelessness with the City's Community Services Division and non-profit housing and human services providers. HP44: Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or mitigate significant impacts on existing residential neighborhoods or other surrounding uses. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements, including licensing requirements, on such uses to protect public health and safety. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements, including licensing requirements, on such uses to protect public health and safety. Section 3. Chapter 19.195.015 of the Federal Way Revised Code is hereby amended to read as follows: The following uses shall be permitted in the Suburban Estate zone (SE) zone subject to the regulations and notes set forth in this section: Ordinance No. 2 1 - Page 6 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums IMaximums Required Yards SE Required (Required ZONE Review Lot (Lot Height of (Parking Process 'Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS ❑ ❑ Permanent Process 5 30 20 20 10% 30 ft. See 1. Any proposed permanent supportive housing III acres ft. ft. ft. above Notes 9 supportive housing or transitional and transitional average and 10 housing facility with more than 2 housing building units, or which brings the total elevation number of permanent supportive housing or transitional housing units on the property to more than 3 units, must be distanced at least 1'/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lot. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the Ordinance No. 21- Page 7 of 96 USE ZONE CHART ,DIRECTIONS: iFIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards SE Required (Required ZONE Review Lot Lot Height of (Parking Process Size Front Side (each) Rear Coverage Structure :Spaces 'SPECIAL REGULATIONS AND NOTES USE REGULATIONS community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as fo I I ows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees. 10. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 11. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, Ordinance No. 2 1 - Page 8 of 96 USE ZONE CHART ,DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums IMaximums (Required Yards SE Required Required ZONE Review (Lot Lot Height of Parking Process 'Size (Front Side (each)Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and Ordinance No. 2 1 - Page 9 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Maximums Required Yards SE Required Required ZONE Review 'Lot Lot Height of Parking Process (Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Oi-dinance No. 21- Page 10 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards SE Required Required ZONE Review Lot (Lot Height of Parking Process Size (Front Side iRea Coverage:Structure 'Spaces USE REGULATIONS i'each) SPECIAL REGULATIONS AND NOTES ❑ ❑ Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 12. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 4. Chapter 19.200.045 of the Federal Way Revised Code is hereby amended to read as follows: 19.200.045 Permanent supportive housing and transitional housing. The following uses shall be permitted in the Single -Family Residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS REGULATIONS Required Minimums Imaximums lRequiredi 01-di7ance No. 21- Page 11 of 96 Review Process (Required Yards Parking Spaces RS ZONE Lot (Lot Height of Size Front de (Rea Coverage Structure SPECIAL REGULATIONS AND USE i(each) i(each) NOTES Permanent Process See 20 10 ft. 20 See 30 ft. See 1. Minimum lot size is as supportive housing III Note ft. ft. Note 9 above Notes follows: and transitional 1. average 11 and a. In RS 35.0 zones, the housing building 12 minimum lot size is 35,000 sq. elevation ft. b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. Any proposed permanent supportive housing or transitional housing facility with more than 2 units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 3. There shall be no more than 6 residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 5. The housing will operate under a written community Ordinance No. 21- Page 12 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards RS (Required Required ZONE (Review (Lot Lot Height of Parking Process :Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2) for calculation of lot coverage for flag lots. 10. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. Ordinance No. 2 1 - Page 13 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards RS Required (Required ZONE Review Lot Lot Height of (Parking Process Size (Front i(each) Qeach) Rear Coverage Structure Spaces :SPECIAL REGULATIONS AND USE REGULATIONS NOTES This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees Ordinance No. 21- Page 14 of 96 USE ZONE CHART ( DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums (Required Yards RS Required Required ZONE Review Lot Lot Height of Parking Process :Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: I. Roles and responsibilities Ordinance No. 21- Page 15 of 96 USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS iMinimums ]Maximums Required Yards RS Required 'Required ZONE Review Lot Lot Height of Parking Process Size Front Side Rea Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a Ordinance No. 21- Page 16 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards RS Required Required ZONE Review Lot 'Lot (Height of Parking Process Size Front Side Rear Coverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including Ordinance No. 21- Page 17 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards RS Required Required ZONE Review (Lot Lot Height of Parking Process Size (Front Side Rear Coverage Structure Spaces 'SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FWRC_12.35. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 21- Page 18 of 96 Section 5. Chapter 19.205.080 of the Federal Way Revised Code is hereby amended to read as follows: 19.205.080 Permanent supportive housing and transitional housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums (Required Yards RM - Required Required ZONE - Review Lot (Lot Height of Parking Process :Size (Front Side Rear 'Coverage Structure Spaces SPECIAL REGULATIONS AND IUSE REGULATIONS (each) (NOTES ❑ ❑ Permanent Process 7,200 20 5 ft. 5 60% In RM 3.6 See 1. Any proposed permanent supportive housing III sq. ft. ft. ft. and 2.4 Notes supportive housing or and transitional zones, 30 10 and transitional housing facility with housing See ft. above 11 more than 2 units, or which Note average brings the total number of 2 building permanent supportive housing elevation. or transitional housing units on In RM 1.8 the property to more than 3 zones, 35 units, must be distanced at ft. above least 11/3 miles (7,040 ft.) from average any property with more than 3 building units of permanent supportive elevation housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex; and, the minimum amount of lot area per dwelling is as follows: a. In RM 3.6 zones, the subject property must contain at least 3,600 sq. ft. of lot area per dwelling. b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling. c. In RM 1.8 zones, the Ordinance No. 11- Page 19 of 96 IUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS Minimums Maximums - RM Required Yards - Required Required ZONE - USE REGULATIONS Review Process Lot Size Front :Side (each) Rea Lot Coverage 'Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ subject property must contain at least 1,800 sq. ft. of lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Ordinance No. 21- Page 20 of 96 _ USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums RM Required Yards - (Required Required ZONE USE REGULATIONS iReview Process Lot Size Front Side (each) Rear Lot Coverage'Structure Height of Parking Spaces SPECIAL REGULATIONS AND NOTES Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. The subject property must contain at least 400 sq. ft. per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. At least 10 percent of this required open space must be developed and maintained with children's play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least Ordinance No. 2 1 - Page 21 of 96 USE ZONE CHART _ DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums IMaximums RM Required Yards - Required (Required ZONE - USE REGULATIONS Review Process (Lot :Size iFront:�ide (each) RearCoverage Lot Height of Structure (Parking 'Spaces ;SPECIAL REGULATIONS AND (NOTES 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. Ordinance No. 21- Page 22 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums IlMaximums - PM Required Yards Required Required ZONE - Review Lot (Lot Height of Parking Process 'Size Front Side Rear'Coverage Structure Spaces :SPECIAL REGULATIONS AND USE REGULATIONS. i(each) INOTES b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: f. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iF. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that Ordinance No. 21- Page 23 of 96 USE ZONE CHART 'DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Maximums RM Required Yards - Required Required ZONE Review ILot Lot Height of Parking Process ,Size Front Side Rea rGoverage Structure Spaces SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES ❑ ❑ includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in Ordinance No. 21- _ Page 24 of 96 USE ZONE CHART _ DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ (Minimums Maximums - RM (Required Yards - Required Required ZONE - USE REGULATIONS Review Process (Lot 'Size IFront'Side i(each) Rear Lot Coverage Height of Structure Parking .Spaces SPECIAL REGULATIONS AND NOTES an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the Ordinance No. 21- Page 25 of 96 USE ZONE CHART _ DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums (Maximums - RM Required Yards - (Required Required ZONE - USE REGULATIONS (Review iProcess Lot Size Front Side (each) Rea (Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES provisions of FWRC 12.35. For other information about Process I, II, III and IV are described in parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 6. Chapter 19.215.070 of the Federal Way Revised Code is hereby amended to read as follows: 19.215.070 Permanent supportive housing and transitional housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: 'USE ZONE CHART iDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards BN Required Height g Required ZONE Review (Lot (Lot Parking USE REGULATIONS Process ;size (Front Side (each) IRear'Coverage of Structure Spaces 'SPECIAL REGULATIONS AND NOTES Permanent Process See 20 5 ft. 5 None See See 1. Any proposed permanent supportive housing III Note ft. ft. Note 8 Notes supportive housing or transitional and transitional 2 10 and housing facility with more than 2 housing 11 units, or which brings the total number of permanent supportive Ordinance No. 21- Page 26 of'96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . THEN, across for REGULATIONS IMinimums Maximums (Required Yards BN Required Height g (Required ZONE Review (Lot Lot (Parking USE REGULATIONS Process 'Size (Front Side (each) (Rear Coverage .structure 'Structure :Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ housing or transitional housing units on the property to more than 3 units, must be distanced at least 11/3 miles (7.040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex; and, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling or one acre for every 18 units. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the Ordinance No. 21- Page 27 of96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BN Required Height Required ZONE Review Lot Lot Parking USE REGULATIONS Process Size Front `Side i(each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a single-family residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 9. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 10. Parking spaces shall be provided Ordinance No. 21- Page 28 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, THEN, across for REGULATIONS Minimums (Maximums Required Yards BN Required Height g Required ZONE Review Lot Lot Parking Process Size Front Side (each) Rear Coverage of 'Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units —1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a: Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and Ordinance No. 21- Page 29 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums (Maximums (Required Yards BN Required Height Required ZONE Review (Lot Lot Parking Process :Size (Front Side (each) Rear Coverage 10f Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; lii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, Ordinance No. 21- Page 30 of 96 FUSE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BN (Required Height Required ZONE (Review Lot iLot Parking USE REGULATIONS (Process Size Front Side i(each) (Rea 'Coverage of Structure :Spaces SPECIAL REGULATIONS AND NOTES including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing Ordinance No. 21- Page 31 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards BN (Required (Height Required ZONE (Review Lot Lot parking 'USE REGULATIONS (Process Size Front'Side i(each)Structure RearCoverage of Spaces SPECIAL REGULATIONS AND NOTES this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuantto the provisions of FWRC 12.35. For other information about parking Process I, ll, III and IV are described in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 7. Chapter 19.220.100 of the Federal Way Revised Code is hereby amended to read as follows: 19.220.100 Permanent supportive housing and transitional housing. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: Ordinance No. 21- Page 32 of 96 ZONE CHART (USE DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums !Required Yards BC Required Required ZONE !Review Lot Lot Height of Parking (Process Size Front 'Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS Permanent Process None 0/20 10/2010/20 None 55 ft. See 1. Any proposed permanent supportive housing III above Notes supportive housing or transitional and transitional average 14 and housing facility with more than 2 housing building 15 units, or which brings the total elevation number of permanent supportive (ABE) housing or transitional housing units on the property to more than 3 See units, must be distanced at least 11/3 notes 9 miles (7,040 ft.) from any property and 10 with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing Ordinance No. 21- Page 33 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards BC Required Required ZONE Review Lot Lot IHeight of Parking USE REGULATIONS Process Size (Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground floor only as follows: (a) ground level space that spans at least 60 percent of the total length of the principal commercial facade Ordinance No. 21- Page 3-1 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards BC (Required Required ZONE (Review Lot Lot Height of Parking USE REGULATIONS (Process Size Front Side (each) IRear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 12. All nonresidential ground floor spaces must have a minimum floor - to -ceiling height of 13 ft. and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 14. Parking spaces shall be provided as follows: Oi-dinance No. 21- Page 35 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS (Minimums Maximums Required Yards BC Required Required ZONE Review (Lot Lot Height of Parking Process 'Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 15. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 16. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities Ordinance No. 21- Page 36 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Maximums Required Yards BC Required (Required ZONE Review (Lot Lot Height of (Parking Process :Size Front Side Rear Coverage Structure ;Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS AND NOTES of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a Ordinance No. 21- Page 37 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS (Minimums Maximums Required Yards BC (Required (Required ZONE (Review Lot Lot Height of (Parking (Process Size Front Side Rear Coverage Structure 'Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log Ordinance No. 21- Page 38 of '96 USE ZONE CHART IDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums (Required Yards BC (Required Required ZONE (Review (Lot Lot Height of Parking (Process Size !Front Side •(each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS ❑ ❑ containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 17. All facilities are re uired to be licensed pur5uant to the Provisions of FWRC 12.35. For other information about parking Process I, II, III and IV are described in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 8. Chapter 19.220.105 of the Federal Way Revised Code is hereby amended to read as follows: 19.220.105 Emergency housing and shelter. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: Ordinance No. 21- Page 39 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS iMinimums BC Required Yards Required Height of Required ZONE Review Lot Side Structure Parking Process Size Front Rear S P aces SPECIAL REGULATIONS AND USE REGULATIONS (each) NOTES Emergency housing Process None 5 ft. See notes 1 45 ft. See 1. Minimum side and rear yards and shelter III and 2 above Notes shall be 20 feet adjacent to average 13 and residential zones and 5 ft. Except ft. building 14 adjacent to all other zones. along single- elevation 2. The city may permit these family (AABE) uses only if: residential to 55 ft. a. The proposed emergency zones AABE housing and shelter is See Note 10 distanced at least 1,000 ft. See from: Notes 6 i. any other and 7 emergency housing and shelter, or ii. public schools, as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. Ordinance No. 21- Page 40 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums BC (Required Yards Required Height of Required ZONE Review Lot Side Structure Parking Process Size (Front (each) (Rear aces S p SPECIAL REGULATIONS AND USE REGULATIONS NOTES ❑ ❑ e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand- alone development based on the following criteria: a. The specific nature of the Ordinance No. 21- Page -11 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums BC Required Yards (Required Height of Required ZONE (Review Lot :Side Structure Parking (Process 'Size Front ;each) Rear :S Spaces SPECIAL REGULATIONS AND USE REGULATIONS NOTES occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. A minimum of one unit and no more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing. 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 6. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, Ordinance No. 21- Page 42 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS IMinimums BC .Required Yards Required Height of Required ZONE Review Lot Side Structure Parking Process :Size Front (each) Rear Spaces p SPECIAL REGULATIONS AND USE REGULATIONS NOTES and/or all ground floor spaces have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 7; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.220.105 Emirs=envy housing and shelter. Continued USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums Height Required BC REGULATIONS Review Lot IReouired Yards of Parking Spaces 01-dinal7ce No. 21- Page 43 of'96 USE o i Process Size Front Side (each) Rear :Structure ZONE SPECIAL REGULATIONS AND NOTES 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people Ordinance No. 21- Page =1=4 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards BC Required Height (Required ZONE Review Lot Side �f (Parking Spaces Process Size Front Rear Structure USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; ii3. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities Ordinance No. 21- Page 45 of'96 :USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums (Required Yards BC (Required Height Required ZONE 'Review Lot Side of Parking Spaces Process Size (Front Rear Structure USE REGULATIONS i(each).SPECIAL REGULATIONS AND NOTES and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable Ordinance No. 21- Page 46 gf96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums (Required Yards BC Required Height Required ZONE Review Lot Side of Parking Spaces Process SizeFror�i Rear Structure USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be Iicen5ed pursuarit to the provisions of FWRC 12.35, unless operated as a result of inclement weather, natural disaster, or Similar event. Process I, II, III and IV are described For other information about parking in and parking areas, see Ordinance No. 21- Page 47 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Required Yards BC Required Height Required ZONE Review Lot Side of Parking Spaces USE REGULATIONS Process Size Front (each) Rear Structure SPECIAL REGULATIONS AND NOTES ❑ ❑ Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 9. Chapter 19.225.055 of the Federal Way Revised Code is hereby amended to read as follows: 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height Required ZONE Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES Emergency Process None 20 5 ft. 70 ft. See 1. Minimum side and rear yards shall be housing and III ft. Notes 20 feet along residential zones and 5 ft. shelter or 11 and along all other zones. 12 2. The city may permit these uses only if: 200 ft. a. The proposed emergency housing and shelter is distanced at least 1,000 ft. See from: Note 5 i. any other emergency housing and shelter, or ii. public schools, as measured from the nearest points of each such property. Ordinance No. 21- Page 48 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards CC-C Required Height Required ZONE Review Lot of Parking USE REGULATIONS Process Size Front Side (each) Rear Structure Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. Ordinance No. 21- Page 49 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ....THEN, across for REGULATIONS Minimums Fquired Yards CC-C Required Height Required ZONE Review Lot of Parking Process Site Front Side Rear Structure Spaces USE REGULATIONS {each) SPECIAL REGULATIONS AND NOTES 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4.. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 5. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of- way; the siting and design of which shall be approved by the director. Process I, II, III and IV are described in For other information about parking and Chapter 19.55 FWRC, parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.225.055 Emergency housing shelter. (Continued) Ordinance No. 21- Page 50 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CC-C :Required 'Height Required ZONE Review Lot of Parking .Process Size Front Side Rear'Structure:Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements., i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit+ 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to Ordinance No. 21-_ — Page 51 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards CC-C Required Height Required ZONE Review Lot of Parking Process Sipe Front Side Rear.Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; ill. Site/facility maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human Ordinance No. 21- Page 52 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS iMinimums (Required Yards CC-C (Required Height Required ZONE (Review iLot of Parking (Process Sipe Front Side Rear Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with Ordinance No. 21- Page 53 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums (Required Yards CC-C Required Height (Required ZONE Review (Lot of (Parking USE REGULATIONS Process Sire (Front Side (each) Rea Structure Spaces 'SPECIAL REGULATIONS AND NOTES applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FW RC 12.35,_Unless operated as a result of inclement weather, natural disaster, or similar event. Process I, II, III and IV are described For other information about parking and in parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height Chapter 19.70 FWRC respectively. limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 10. Chapter 19.225.075 of the Federal Way Revised Code is hereby amended to read as follows: 19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section:. USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums (Required Yards CC-C (Required ight Required ZONE (Review Lot (Lot iH Parking UREGULATIONS (Process Size Front Side (each) Rear C overageSE 'Structure 'Spaces :SPECIAL REGULATIONS AND NOTES ❑ ❑ Permanent Process None 10 feet None 70 ft. See 1. Any proposed permanent supportive housing III or Notes supportive housing or transitional and transitional 200 ft. 16 and housing facility with more than 2 housing 17 units, or which brings the total Ordinance No. 21- Page 54 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CC-C Required IDf fight Required ZONE Review (Lot Side Lot Parking USE REGULATIONS Process 'Size Front (each) Rear Coverage 'Structure Spaces SPECIAL REGULATIONS AND NOTES See number of permanent supportive Notes housing or transitional housing 11 and units on the property to more than 12 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. Ordinance No. 21- Page 55 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS (Minimums Maximums Required Yards CC-C (Required (Height Required ZONE 'Review (Lot Lot Parking USE REGULATIONS Process 'Size Front Side (each) Rear Coverage of 'Structure Spaces :SPECIAL REGULATIONS AND NOTES The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to - ceiling height of 13 ft.; or, residential spaces that contribute an active presence to the streetscape. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along Ordinance No. 21- Page 56 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Maximums Required Yards CC-C Required IH fight (Required ZONE Review (Lot Lot Iof Parking 'USE REGULATIONS Process ;Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES the right-of-way; the siting and design of which shall be approved by the director. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a Ordinance No. 21- Page 57 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards CC-C (Required Height Required ZONE Review- Lot (Lot Parking USE REGULATIONS (Process Size Front'�ide (each) Rear Coverage °f Structure :Spaces 'SPECIAL REGULATIONS AND NOTES ❑ ❑ compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 16. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. Ordinance No. 21- Page 58 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CC-C Required iHeight Required ZONE Review Lot Lot (Parking 'USE REGULATIONS Process 'Size Front Side (each) Rea Coverage Hof Structure Spaces SPECIAL REGULATIONS AND NOTES c. An operations plan must be provided that addresses the following elements: i.. Roles and responsibilities of key staff; IL Site/facility management, including a security and emergency plan; iii, Site/facility maintenance; Iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of Ordinance No. 21- Page 59 of 96 iUSE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards C&C Required Height Required ZONE Review Lot Lot Parking Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable Ordinance No. 21- Page 60 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums IMaximums Required Yards CC-C Required (Height (Required ZONE Review (Lot iLot (Parking USE REGULATIONS Process 'Size Front Side (each) Rear Coverage of Structure 'Spaces :SPECIAL REGULATIONS AND NOTES identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 19. All facilities are required to be licensed pursuant to the provisions ❑f FWRC 12.35. Process I, ll, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 11. Chapter 19.230.055 of the Federal Way Revised Code is hereby amended to read as follows: Ordinance No. 2 1 - Page 61 of 96 19.230.055 Emergency housing and shelter. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Required Yards CC-F Required (Height of (Required ZONE Review Lot 'Side 'Structure (Parking USE REGULATIONS Process Size (Front (each) Rear Spaces p SPECIAL REGULATIONS AND NOTES Emergency Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall housing and III 1 and 2 above Notes be 20 feet along residential zones shelter average 11 and and 5 ft. along all other zones. See note 8 building 12 2. The city may permit these uses elevation only if: (AABE) a. The proposed emergency to 55 ft. housing and shelter is distanced at AABE least 1,000 ft. from: i. any other emergency See housing and shelter, or notes 4 ii. public schools, and 5 as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, Ordinance No. 21- Page 62 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . , THEN, across for REGULATIONS Minimums (Required Yards CC-F Required Height of Required ZONE Review Lot Side Parking USE REGULATIONS Process Size (Front i(each) Rear'Structure .Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby Ordinance No. 21- Page 63 of 96 ,��r� Y��117 � [�7► USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot ;Structure Parking Process Size Front Side Rear Spaces (each) SPECIAL REGULATIONS AND NOTES Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft.; b. Height also complies with note 5; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. S. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 21- Page 64 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height of Required ZONE Review Lot Parking Process Size Front Side Rear Structure p 5 aces JSE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _ . THEN, across for REGULATIONS Minimums Required Yards CC-F Required Height Required ZONE Review Lot -of Parking Process ;Size Front Side Rea Structure Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS AND NOTES 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided Ordinance No. 21- Page 65 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards CC-F Required Height Height of Required ZONE Review Lot 'Side Side :Structure USE REGULATIONS Process ;Size Front i(each) S Spaces p SPECIAL REGULATIONS AND NOTES as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; Ordinance No. 21- Page 66 of 96 USE ZONE CHART ` DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums Required Yards CC-F Required (Required Height of ZONE Review Lot (Parking Process .Size Front Side Rear ;Structure Spaces 'USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES ii. Site/facility management, including a security and emergency plan; i)i. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome Ordinance No. 21- Page 67 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IMinimums Required Yards CC-F Required iHeight of Required ZONE Review (Lot Side (Structure Parking USE REGULATIONS Process Size Front (each) Rear Spaces 'SPECIAL REGULATIONS AND NOTES measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has Ordinance No. 21- Page 68 of '96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use . _. THEN, across for REGULATIONS Minimums Lot Size Required Yards USE REGULATIONS Required Review Process Height of (Required (Parking StructureSpaces CC-F ZONE SPECIAL REGULATIONS AND NOTES Front Side (each) Rear ❑ ❑ an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of FWRC 1.2.35, unless operated as a result of inclement weather, natural_ disaster or similar event. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 12. Chapter 19.230.065 of the Federal Way Revised Code is hereby amended to read as follows: 19.230.065 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: Ordinance No. 21- Page 69 gf'96 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F Required (Height Required ZONE (Review Lot Lot (Parking USE REGULATIONS (Process Size Front Side (each) Rear-Coveragd'f 'structure spaces SPECIAL REGULATIONS AND NOTES Permanent Process None 10 feet None 70 ft. See 1. Any proposed permanent supportive housing III or Notes supportive housing or transitional and transitional 85 ft. 15 and housing facility with more than 2 housing 16 units, or which brings the total See number of permanent supportive Notes 9 housing or transitional housing and 10 units on the property to more than 3 units, must be distanced at least 11/3 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the Ordinance No. 2 1 - Page 70 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F (Required Height Required ZONE (Review Lot Side 'Lot of parking USE REGULATIONS (Process Size Front (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of- way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building. 11. All buildings, except for related parking structures up to 65 ft. in Ordinance No. 21- Page 71 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F Required Height Required ZONE Review Lot Side Lot of parking USE REGULATIONS Process Size Front (each) Rear.Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Where the building is located near right-of-way, the ground floor must consist of non-residential space(s) with a minimum floor -to - ceiling height of 13 ft.; or, residential spaces that have been designed to contribute to an active presence to the streetscape. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. Ordinance No. 21- Page 72 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F Required (Height Required ZONE Review Lot Lot Parking USE REGULATIONS Process Size Front Side (each} Rear Coverage of Structure :Spaces SPECIAL REGULATIONS AND NOTES 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 16. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 17. The housing will operate under a written operational plan that will include, at a minimum, the following: a, Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: Ordinance No. 21- Page 73 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CC-F (Required Height 9 Required ZONE IReview Lot Lot Parking (Process :Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; Iii. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and Ordinance No. 21- Page 74 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums (Maximums Required Yards CC-F Required (Height (Required ZONE Review Lot (Lot (Parking USE REGULATIONS Process Size Front'Side (each) Rea Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and Ordinance No. 21- Page 75 of 96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS iMinimums Maximums (Required Yards CC-F (Required Height Required ZONE (Review 'Lot Lot Parking USE REGULATIONS (Process 'Size Front Side (each) Rea Coverage of Structure 'Spaces SPECIAL REGULATIONS AND NOTES shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 18. All facilities are required to be licensed pursuant to the provisions of FWRC 12.35. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 13. Chapter 19.240.085 of the Federal Way Revised Code is hereby amended to read as follows: 19.240.085 Permanent supportive housing'and transitional housing. The following uses shall be permitted in the Commercial Enterprise (CE) zone subject to the regulations and notes set forth in this section: Ordinance No. 21- Page 76 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS IMinimums iMaximums Required Yards CE Required Required ZONE Review Lot Lot Height of Parking Process Size ;Front Side •(each) Rear Coverage'Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS ❑ ❑ Permanent Process None 5 ft. See Note None 45 ft. See 1. Any proposed permanent supportive housing III 12 above Notes supportive housing or transitional and transitional average 13 and housing facility with more than 2 housing building 14 units, or which brings the total elevation number of permanent supportive (AABE) housing or transitional housing to 55 ft. units on the property to more than AABE 3 units, must be distanced at least and four 11/3 miles (7,040 ft.) from any floors property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points See of each such property. Notes 9 2. There shall be no more than 110 and 10 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the Ordinarrce No. 21- Page 77 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required Required ZONE Review Lot (Lot Height of iParking Process Size Front Side i(each) RearCoverageStructure :Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 b. Height complies with note 10; c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and Oi-dinance No. 21- Page 78 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required Required ZONE Review Lot Lot Height of (Parking USE REGULATIONS Process Size IFront(each) (each) Rear Coverage Structure :Spaces SPECIAL REGULATIONS AND NOTES ❑ ❑ featureless appearance through variations in roof height, forms, angles, and materials. 10. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to single- family residential zones and 5 ft. adjacent to all other zones. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 Ordinance No. 21- Page 79 of'96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Maximums (Required Yards CE Required (Required ZONE Review Lot Lot Height of IParking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: L Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency Ordinance No. 21- Page 80 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS iMinimums Maximums Required Yards CE Required Required ZONE Review LotLot Height of Parking Process ,size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) 'SPECIAL REGULATIONS AND NOTES plan; iii. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining Ordinance No. 21- Page81 o1'96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Maximums Required Yards CE Required Required ZONE Review (Lot Lot Height of Parking Process Size Front Side Rear Coverage: Structure :Spaces USE REGULATIONS (each] SPECIAL REGULATIONS AND NOTES accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to Ordinance No. 21- Page 82 of96 (USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards CE (Required Required ZONE (Review Lot Height of Parking USE REGULATIONS (Process Size Front SideLot {each} (each) Rear Coverage'Structure :Spaces SPECIAL REGULATIONS AND NOTES resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be licensed ursuant to the provisions of FWRC 12.35. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 14. Chapter 19.240.095 of the Federal Way Revised Code is hereby amended to read as follows: 19.230.095 Emergency housing and shelter. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE Required Height of Required ZONE Review Lot Parking Process Size Front Rear Spaces Structure S aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ Ordinance No. 21- Page 83 of96 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Required Yards CE Required JHeight of Required ZONE Review (Lot Side 'Structure Parking USE REGULATIONS Process ^Size Front •(each) Rear :Spaces p 'SPECIAL REGULATIONS AND NOTES ❑ ❑ Emergency Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards housing and III 1 and 2 above Notes shall be 20 feet adjacent to single shelter average 10 and family residential zones and 5 ft. See note 3 building 11 adjacent to all other zones. elevation 2. The city may permit this use only (AABE) if: to 55 ft. a. The proposed emergency AABE housing and shelter is distanced at least 1,000 ft. from: See i. any other emergency notes 3 housing and shelter, or and 4 ii. public schools, as measured from the nearest points of each such property. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The facility will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, Ordinance No. 21- Page 84 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards CE Required Height of Required ZONE Review Lot Side Structure Parking USE REGULATIONS Process Size Front (each) Rea r Spaces SPECIAL REGULATIONS AND NOTES public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: 1) how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 b. Height also complies with note 4; c. Height over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of Ordinance No. 21- Page 85 of96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE (Required (Height of (Required ZONE (Review Lot Side :Structure (Parking ( USE REGULATIONS Process Size Front (each) Rear Spaces SPECIAL REGULATIONS AND NOTES height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS (Minimums Required Yards CE Required Height Required ZONE IReview Lot of (Parking (Process Size Front Side Rear Structure,Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot Ordinance No. 21- Page 86 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE Required Height Required ZONE Review ILot of Parking Process ;Size Front Side IRear'Structure Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS AND NOTES landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Dwelling units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access Ordinance No. 21- Page 87 of96 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use. . - THEN, across for REGULATIONS IMinimums (Required Yards CE (Required iHeight Required Review Lot of Parking ZONE (Process Size IFront'Side Rear,'Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; IV. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; Ordinance No. 21- Page 88 of 96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards CE Required (Height Required ZONE Review Lot of Parking Process Size (Front Side RearStructure Spaces USE REGULATIONS i(each) SPECIAL REGULATIONS AND NOTES ❑ ❑ V. Access to human and social services, including a staffing plan and expected outcome measures; vi, Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 21- Page 89 of96 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Lot Size Required Yards USE REGULATIONS Required Review Process (Height of Required Parking Spaces CE ZONE SPECIAL REGULATIONS AND NOTES Front'Side 1,each) RearStructure f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the Provisions of FWRC 12.35, unless operated as a result of inclement weather, natural disaster, or similar event. Process I, II, III and IV are described For other information about parking in and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 15. A new chapter 12.35 "Permanent supportive housing and transitional housing, emergency housing and shelter" of the Federal Way Revised Code and sections 12.35.010, 12.35.020, 12.35.030, 12.35.040, 12.35.050, 12.35.060, 12.35.070, and 12.35.080 are added as follows: Article I. Generally Ordinance No. 21- Page 90 gf96 12.35.010 Exception from chapter. This chapter does not apply to emergency housing and shelter that is operated as a result of inclement weather, natural disaster, or similar event. Article II. Licenses 12.35.020 License for business required. Unless expressly excepted by the provisions of this chapter, it is unlawful to operate permanent supportive housing and transitional housing, or emergency housing and shelter unless such establishment or premises is licensed as hereinafter provided. 12.35.030 License applications. i) All applications for license or license renewal shall be made to the City Finance Department on a form prescribed by the Finance Director, and shall include the following inforniation., a. The name address and contact telephone number of the license holder: (b) The business name, address, and telephone_ number of the establishment to be licensed c The names titles, addresses, and telephone numbers of those who will act as the RrincipLe Dints of contact with the city, d A declaration of the total number of rooms in the facility used for ermanent su portive housing and transitional housing. and/or housing and shelter, (e) The maximum number of occupants that can be housed in the facility: (f) An operational plan demonstrating_ compliance with the safety and operational in FWRC 12.35.070 and the standards of conduct in FWRC 12.35.080. (g) Documentation identifying that providers and/or managing agencies have either demonstrated experience 12roviding similar services to people experiencing homelessness, and/or Ordinance No. 2 1 - Page 91 of '96 certifications or academic credentials in an appropriate human service field, and/or applicable experience in a related program with people experiencing homelessness. (2) The city shall notify the applicant within fifteen working days of submittal of a license or license renewal application if the application is deemed incomplete and shall specify what additional information is required. 12.35.040 License fee. 1 The license fee for permanent see ortive housing and transitional housing. or emergency housing and shelter, as required in this chapter, is $300.00 per year. Such fee shall be in addition to general business license fees where applicable. (2) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. (3) Permanent supportive housing, and transitional housing, and emergency housing and shelter, operated by non-profit or governmental organizations, shall be exempt from the license fee. 12.35.050 License expiration. 1 All licenses issued or renewed under the provisions of this chapter shall expire on the thirty- first of December of each year. (2) Due date. All license fees required by this chapter for either an original license or renewal are payable to the city at least two weeks prior to the commencement of operation of the permanent Supportive housing and transitional housing. and/or emergency housing and shelter. (3) Failure to renew. Failure to renew shall result in expiration of the license and all privileges ranted to the licensee. Ordinance No. 21- Page 92 of 96 12.35.060 Renewal of license. (1) For a permanent supportive housing and transitional housing, and/or emergency housing and shelter facility to continue operation beyond the expiration of its existing license. an application for renewal must be submitted with the city prior to the expiration of the existing license, (2) A late penalty shall be charged on all applications for renewal of a license received later than seven calendar days after the expiration date, as well as all applications that fail to rectify application deficiencies identified by the city pursuant to F`NRC 12.35.030(2) within seven calendar days of the city notice provided for in that subsection. The amount of such penalty is fixed as follows. Days Past Due Late Fee 8 — 30 50 31 — 60 $100 61 and over $200 Article III. Regulations 12.35.070 Standards of safety and operation. (1) Every facility licensed under the provisions of this chapter MLISt meet the following safety and operational requirements: (a) Adopt and broadly disseminate a written security and emergency plan for residents and employees. (b) Establish protocols to work with current or prospective residents with active felony warrants to resolve the outstanding warrant(s) with applicable legal authorities. Ordinance No. 21- Page 93 of 96 (c) Take all reasonable and legal steps to obtain verifiable identification information. including full name and date of birth, from all current and prospective residents, and keep a lop- containing this information. (d) Prohibit direct intake of residents without referral. (e) Incorporate procedures into operations to ensure complete and accurate recordkeepin� (f) Post prominently a list of all human_ and health services offered with a brief description of the service() and the availability of such service(s). (g) Follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping and plant maintenance_ (h) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site. (2) Every standalone facility exclusively for permanent supportive housing and transitional housing, and/or emergency housing and shelter licensed under the provisions of this chapter, except for permanent supportive housing and transitional housing in the Suburban Estate (SE) or Single -Family Residential (RS) zones, must meet the following additional safety and operation requirements: (a) Install lighting in all internal common areas providing a minimum of 1.5 foot-candles at ground level 24 hours per day. seven days a week. (b) Have a manager or operator's representative an the premises at all times. (3) Every newly constructed facility licensed under the provisions of this chapter_ except for newly constructed permanent supportive housing and transitional housing in the Suburban Estate (SE) or Single -Family Residential RS) zones, must also implement the security program and strategies addressed in FWRC 19,115,040. Ordinance No. 21- Page 94 of 96 12.35.080 Standards of conduct. Every facility licensed under the provisions of this chapter mast adopt and enforce standards of conduct applicable to all residents and guests designed to ensure that: (1) All residents and guests comply with all applicable federal, state, and local laws, including all safety and sanitation requirements and the city's building, fire, and zoning and development rndf-Z 2 No residents exhibit threatenin or unsafe behavior. (3) No resident shall use, possess, or sell illegal drugs. Section 16. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 17. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2021. Ordinance No. 21- Page 95 of 96 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: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 96 of 96