03-08-2022 PRHSPSC PacketCity of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
March 8, 2022
5:00 p.m. Federal Way City Hall — Council Chambers
MEETING AGENDA
Notice: Due 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:
Masks are required inside City Hall and are to be worn at all times when attending in -person meetings regardless of
vaccination status.
0 Click Here to Watch Online Live Streaming Video of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979
Sign -Up* here to give citizen comment during the meeting (via calling -in)
Click Here to submit written comments to the PRHSPS Committee Meeting
Watch from the Zoom mobile app with meeting: 691054979 and password: 442570
To ensure your comments are received and processed your
start of the meetina
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
st must be submitted at least 1-hour arior to the
Topic
Title/Description
Presenter
Page
Action
Council
or Info
Date
A.
Approval of February 8, 2022 Minutes
3
Action
N/A
B.
Puget Sound Energy (PSE) Power Pole Easement
Gerwen
7
Action
Consent
3/15/22
C.
Lawson Contracting, DBA Wright Roofing, LLC
Gerwen
15
Action
Consent
Retainage Release
3/15/22
D.
2021 Program Year Consolidated Annual Performance
Bridgeford
17
Action
Consent
and Evaluation Report (CAPER)
3/15/22
E.
Systems for Public Safety Agreement - Amendment 2
Schwan
43
Action
Consent
3/15/22
Committee Members
City staff
Jack walsh, Chair
John
Hutton, Parks Director
Lydia Assefa-Dawson
Mary
Jaenicke, Administrative Assistant II
Erica Norton
K:\PRHSPS Committee\2022\03-08-2022 Agenda.doc
Topic Title/Description
F. Jail Services Contract — Puyallup City Jail
Presenter Page Action Council
or Info Date
Schwan 49 Action Consent
3/15/22
G. Distribution Agreement Between Seattle Police Grossnickle
61
Action
Consent
Department and Federal Way Police Department
3/15/22
H. Puget Sound Auto Theft Task Force (PSATT) — Grossnickle
67
Action
Consent
Interlocal Cooperative Agreement /Neal
3/15/22
I. Amendment to the Edward Byrne Memorial Justice Neal
83
Action
Consent
Assistance Grant (JAG) FY 2018
3/15/22
J. Penalty for Improper Disposal of Needles Neal
N/A
Discussion
N/A
K. Public Endangerment from Second Hand Exposure from Neal
N/A
Discussion
N/A
People Smoking Fentanyl in Public Places
L. 2019 and 2021 Revenue/Expenditures for Celebration Hutton
N/A
Discussion
N/A
Park
4. OTHER
5. FUTURE MEETING:
The next PRHSPS meeting will be April 12, 2022 at 5:00 p.m.
6. ADJOURNMENT
The Council Committee may add items and take action on items not listed on
the agenda at any regularly
scheduled meeting.
Committee Meetings are video recorded and may be televised on Government Access
Channel 21. To view Committee
Meetings online please visit FWTV at www.citvoffederalway.com.
Committee Members
Jack Walsh, Chair
Lydia Assefa-Dawson
Erica Norton
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
K:\PRHSPS Committee\2022\03-08-2022 Agenda.doc
City of Federal Way
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, February 8, 2022
5:00 p.m.
SUMMARY
Committee Members Participating Via Zoom: Chair Walsh, Council members Norton and Assefa-
Dawson
Council Members Participating Via Zoom: Council President Kochmar and Deputy Mayor Honda
Staff Members Participating Via Zoom: Joanna Eide, Assistant City Attorney, Police Chief Andy
Hwang, Steve Groom, Finance Director, Brian Davis, Community Development Director, John Hutton,
Parks Director, Jason Gerwen, Parks Deputy Director, Cody Geddes, Recreation Manager and Mary
Jaenicke, Administrative Assistant II.
Chair Walsh called the meeting to order at 5:00pm
Public Comment: None
BUSINESS ITEMS
Approval of Minutes
Committee member Assefa-Dawson motioned to approve the January 11, 2022 minutes as written.
Committee member Norton seconded. Motion passed.
Summer Experience and Enrichment Kids Grant (SEEK)
Staff Geddes presented the background information. This grant was made possible by Federal Covid 19
Relief Funds and given to the Washington Office of the Superintendent of Public Instruction (OPSI).
These grants will support local agencies in expanding their current summer programs. The City of
Federal Way Recreation department received grants totaling $249,100 and identified three separate
programs for these funds. 1) Day Camp Subsidy $198,000, 2) Mobile Recreation Program $30,000 and 3)
Weekly Teen Adventure Trips $21,100. Committee member Assefa-Dawson asked if there was a sliding
scale for families that can't afford the $100 per student for day camp. Staff Geddes answered that they do
offer a 25% fee reduction for families that can't afford the $100 fee. Committee member Norton
moved to forward the proposed grant agreement to the February 15, 2022 Council consent agenda
for approval. Committee member Assefa-Dawson seconded. Motion Passed.
Parks & Recreation Commission 2022 Work Plan
Staff Gerwen provided the background information. Committee member Assefa-Dawson asked how the
commission came up with the projects on the plan. Staff Gerwen answered that the commission held
discussions on the items that they want to accomplish. This Work Plan is very similar to the 2021 Work
Plan. Many of the projects on the 2021 Work Plan were unable to be completed due to Covid. One of the
big projects on the plan is developing the Prioritization Matrix. The department has approximately $1
million from King County Levy money to be used for Capital Projects. This matrix will be used to rank
the projects and determine which projects to fund based on the metrics. Other items on the Work Plan
include Master Planning of Parks — unfortunately the department has not been allocated any funding for
these projects, but the Commission felt it was important to leave these projects on the Work Plan to bring
it to Council's attention that they believe these are priorities that the commission needs to be working on.
Committee member Assefa-Dawson asked if inclusion was considered when developing the Matrix. Staff
Gerwen answered that yes inclusion was discussed and incorporated into the Matrix. Committee
member Norton moved to forward the proposed Parks & Recreation Commission 2022 Work Plan
K:\PRHSPS Committee\2022\02-08-2022 Minutes.doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, February 8, 2022 Summary
Page 2
to the February 15, 2022 consent agenda for approval. Committee member Assefa-Dawson
seconded. Motion passed.
Cummins. Inc. — Generator Maintenance and Repair Agreement
Staff Gerwen provided the background information. The City has generators at their major facilities and
those generators operate when there is a 'loss of power. The generators are serviced bi-annually. We did
not have to go out to bid because the state has bid this service and we are able to utilize their contract
pricing. Committee member Assefa-Dawson moved to forward the state contract pricing
acceptance for Generator Maintenance and Repair and authorization to execute the contract to the
February 15, 2022 City Council consent agenda for approval. Committee member Norton
seconded. Motion passed.
Monetary Retention Incentive for City Employees
Police Chief Hwang provided the background information. The FWPD is seeking Council approval for
City employees to receive retention incentive pay. Chief Hwang stated that it's been a long and difficult
two years working through the pandemic. In today's environment it's very difficult to recruit, hire and
retain aualified individuals: The retention incentive pay is a `imir for the 1 f �b.o
enders o. Lxx , �_Ity
appreciation of their staff. Other jurisdictions have also provided monetary retention pay to their
employees. The problems this proposal seeks to alleviate are related to the Covid pandemic; therefor the
recommendation is to use ARPA funds. Chief Hwang's presentation discussed the Social and Political
impacts on the police work force, the impacts that Covid has had on city employees that were unable to
shutdown their operations. Daily potential exposure to Covid creates a higher risk of bringing it home to
their families. Many employers are offering their employees the ability to stay at home and work and the
city has lost some employees because of that. In order for an employee to be eligible they must actually
work for a minimum of 1,250 hours from January 1 to December 1 during the year being incentivized.
The City will pay a monetary retention incentive in the amount of 2.5% of the employees' base salary.
The cost of the retention incentive pay for all city employees is $773,410 per year (2022/2023). Staff
Groom stated that the 'Finance Department worked with Chief Hwang using the current existing
employees city-wide. The goal is to retain people; they did not quantify the alternative cost the loss of
experience and institutional knowledge and the cost of training new employees. This makes this a good
candidate for using ARPA funding because it is a one-time expense. Deputy Mayor Honda stated that she
would like more information before she could make a decision on this. She would like answers to the
following questions: In the two years prior to Covid she would like to know how many employees left
and the reason if they gave a reason and in the two years during Covid how many employees left and if
they left because of Covid. She would also like to know if more of our Police Department is leaving
because of the reform laws and the risk of the uncertainties of how they could be treated or the risks of
being a Police Officer or if they left because of the issues with Covid. She stated that she also hears from
staff that there is not enough staff and would like to know if we could hire more employees. She would
also like` to know for the 2.5% what would be the highest bonus and what would be the lowest bonus.
Chief Hwang answered that some things are hard to quantify; they don't keep track of why people left.
People leave for a variety of reasons. He added that they want to take care of the people who are here
now. Staff Groom stated that to add new permanent positions would have to be part of the budget
process. Discussion continued on retaining employees, how to make working for the City more desirable
and what kind of incentives and work environment can be created for staff to stay. Committee member
Assefa-Dawson moved to forward the proposed monetary retention incentive plan to the February
15, 2022 City Council Business agenda for approval. Committee member Norton seconded. Motion
passed.
Art Wall at City Hall
This item was requested to be placed on the agenda at the January PRHSPSC meeting. Deputy Mayor
Honda stated that there has been an art gallery at CityHall for many years. The Arts Commission would
put out a "Call for Artists" and artists would submitheir artwork. The selected artists would have their
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, February 8, 2022 Summary
Page 3
artwork hung at City Hall. Artwork was not hung on the walls during Covid and the walls were empty.
The walls are now filled with pictures of historical or special events that have been done as a City. The
Mayor would like the current pictures to remain there. Staff Geddes stated that they have begun the
process of installing an art gallery at the PAEC. Staff Geddes stated that the Art Gallery at City Hall was
also a difficult spot because it was only seen by people attending meetings or visitors. Deputy Mayor
Honda is concerned that the artwork at the PAEC can only be seen if you purchase a ticket to go into the
PAEC. Staff Geddes stated that there have been some brief discussions on whether or not it would be
opened upon request. It's a very similar situation to Dumas Bay Centre. Spectra is opened to opening the
doors upon request and allowing the Arts Commission to advertise it that way.
Other Business
Council President reported that she and Deputy Mayor Honda were at a meeting to discuss the possibility
of a presentation at the next Council meeting regarding creating a fund or access for local businesses to
apply for broken window replacements.
Thursday, February 10 is Coffee with the Council in Chambers from 6:00pm-8:00pm to discuss the RCP.
This is not a formal Council meeting.
NEXT REGULAR MEETING
March 8, 2022
ADJOURNMENT
Meeting adjourned at 6:36 p.m.
5
CITY Of
ti Federal Way
Centered on Opportunity
This page was intentionally left blank.
COUNCIL MEETING DATE: March 15, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUGET SOUND ENERGY (PSE) POWER POLE EASEMENT
POLICY QUESTION: Should the City grant an easement to Puget Sound Energy to relocate power poles on City
Parks Department managed property so Dash Point Road may be expanded?
COMMITTEE: PRHSPSC MEETING DATE: March 8, 2022
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason H. Gerwen, Parks and Facilities Deputy Ditector DEPT: Parks Department
Attachments: 1. Staff Report
2. Preliminary Drawing- PSE/Lakota- Power pole Relocation
3. Power Pole casement —legal description
Options Considered:
1. Approve the proposed power pole easement.
2. Do not approve the proposed power pole easement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: a G%2DIRECTOR APPROVAL:InitisUDere 10iL
Inifavree IniCu#Da¢
COMMITTEE RECOMMENDATION: `I move to forward the proposed PSE power pole relocation easement to the
March 15, 2022, consent agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed PSE power pole easement 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
❑ TABLEDMEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ardlnances only) ORDINANCE #
REVISED- I Ia019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 16, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
Brian Davis, Interim City Administrator
FROM: Jason H. Gerwen, Parks & Facilities Deputy Director
SUBJECT: PSE Pole Relocation Easement
Financial Impacts:
There is no financial impact to the City for the Puget Sound Energy (PSE) power pole
easement and there will be no future costs upon completion of the power pole easement.
Backeround Information:
The City of Federal Way Public Works Department is working to expand Dash Point Road
via the Safe Route to Schools program. This expansion is going to necessitate that utilities
be relocated, requiring PSE to relocate two power poles from the Right -of -Way (ROW) onto
the edge of Parks Department Property in Lakota Park. The granting of the easement and the
relocation ofpower poles on to City Parks Property will have no impact on the park's current
uses or functions.
RETURN ADDRESS:
Puget Sound Energy, Inc.
PO Box 970341 EST-OSW
Bellevue, WA 98009-9734
Attn: ROW Department I PT
* PUGET SOUND ENERGY
EASEMENT
REFERENCE p:
GRANTOR (Owner): CITY OF FEDERAL WAY
GRANTEE (PSE): PUGET SOUND ENERGY, INC.
SHORT LEGAL: Per. of SE12, 21N, 03E
ASSESSOR'S PROPERTY TAX PARCEL: 122103-9016
For and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, CITY OF FEDERAL WAY, a Washington municipal corporation (°Owner' herein), hereby grants and
conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described
below, a nonexclusive perpetual easement over, under, along across and through the following described real property
(the "Property" herein) in King County, Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows:
AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE
CENTERLINE OF PSE's FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR
RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution
and sale of electricity. Such systems may include, but are not limited to:
overhead facilities. Poles and other support structures with crossanns, braces, guys and anchors; electric
transmission and distribution lines; fiber optic cable and other lines, Cables and facilities for communications;
transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances
necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such
additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over
and across the Property to enable PSE to exercise its rights granted in this easement.
2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove
and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but
not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and
growth of brush, trees or other vegetation in the Easement Area.
PSE OH Electric Easement 2022
11162622E
Page 1 of
3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees
located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard
to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such
trees and make a reasonable effort to give Owner prior notice that such trees will be cut, trimmed, removed or disposed.
Owner shall be entitled to compensation for the actual market value of merchantable timber (if any) cut and removed
from the Property by PSE.
4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, to the extent
reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work to the
condition existing immediately prior to such work, unless said work was done at the request of Owner, in which case
Owner shall be responsible for such restoration. All restoration which is the responsibility of PSE shall be performed
as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause
the minimum amount of disruption to Owner's use of the Property.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Owner shall not excavate within or otherwise change
the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner
shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the
negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require
PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner or the negligence
of others.
7. Termination. The rights herein granted shall continue until such time as PSE terminates such right by
written instrument. If terminated, any improvements remaining in the Easement Area shall become the property of
Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area.
8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all
of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the
foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns.
DATED this day of , 20
PSE OH Electric Easement 2022
111026229
Page 2 of 4
10
OWNER: CITY OF FEDERAL WAY, a Washington municipal corporation
By:
(name)
Its:
(title)
STATE OF WASHINGTON )
SS
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the person(s) who signed
as of CITY OF FEDERAL WAY, a Washington
municipal corporation, the municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed
of said municipal corporation for the uses and purposes therein mentioned; and on oath stated that he/she was
authorized to execute the said instrument on behalf of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
Notary seal, text and all notations must be inside 1" margins
PSE OH Electric Easement 2022
111026229
Page 3 of 4
11
EXHIBIT "A"
LEGAL DESCRIPTION
APN: 122103-9016
(PER SPECIAL WARRANTY DEED RECORDING NUMBER 9102200666)
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., LYING SOUTHEASTERLY OF THE ROBERT MALTBY ROAD
AND ALSO THAT PORTION OF SAID SUBDIVISION LYING NORTHEASTERLY OF COUNTY ROAD NO. 980
AND NORTHWESTERLY OF ROBERT MALTBY ROAD.
PSE OH Electric Easement 2022
111026229
Page 4 of 4
12
zz
T 00080 sh 3 T-00080 sh 3 1110262291
w _ _ I M W f
NNE
MIMI8s8 ¢ a
I _ fz�.
- i Homy zzz° h N
7:sgsc �aam g �U "a,
S" ao�umoa a �a'o 3y"�?s >®W2
8"
Fm ��
N
6- G/Z
fi0t61 5/Z
I 81
mI I
9/Ze
6C+St 9/Z
4
ory
10
E@ I
�2
Q
¢ 2
O
4
o D
h
UP
rr20
S Y�4
S E,
c d5 1
tl PS >
R
CITY Of
,.� Federal Way
Centered on Opportunity
This page was intentionally left blank.
14
COUNCIL MEETING DATE: March 15, 2022 ffEM 0:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LAWSON CONTRACTING, DBA WRIGHT ROOFING, LLC RETAINAGE RELEASE
POLICY QUESTION: Should the City Council accept the installation of theroofs on the Saghalie Restroom
Buildings and Steel Lake Annex as complete and authorize staff to release the retainage?
COMMITTEE: PRHSPS MEETING DATE: March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason Gerwen, ia,ks Deputy Director DEPT_Parks
Attachments: I. Staff Report
Options Considered:
1. Approve the installation of the roofs at Saghalie Restroom Buildings and Steel Lake Annex as
complete and release $7,087.00 to Lawson Contracting, dba Wright Roofing LLC.
2. Do not approve the installation of the roofs at Saghalie Restroom Buildings and Steel Lake
Annex as complete and the release of $7,087.00 to Lawson Contracting, dba Wright Roofing LLC, and
provide direction to staff.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
COMMITTEE RECOMMENDATION: `I move to farward acceptance of the roof installations at Saghalie Restroom
Buildings and Steel Lake Annex as complete and authorize release of the $7, 087. 00 retainage to the March 15,
2022, consent agenda for approval. "
Committee Cha'v Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the installation of the roofs at Saghalie Restroom Buildings
and Steel Lake Annex Barn as complete and authorize release of the $7, 087. 00 retainage. "
(BELOW TO BE COMPLETED BY CITY aEEE'S OFFICE)
COUNCIL AC ION: ❑ APPROVED COUNCIL BILL q
❑ DENIED Ftrureeding
❑ TABLEDMEFERRED/NO ACTION Eaentment reading
❑ MOVED TO SECOND READING (crdmanae ONY) ORDINANCE N
REVISED - 112019 RESOLUTION N
15
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 16, 2022
TO: City Council Members
VIA: Mayor Jim Ferrell
Brian Davis, Interim City Administrator
FROM: Jason Gerwen, Parks Deputy Director
SUBJECT: AG 21-157 Retainage Release
Financial Impacts:
The remaining cost of $7,087.00 to the City for retainage release on the new roofs installed
on the Saghalie Restroom Buildings and Steel Lake Annex was included within the approved
budget under the Parks Department, 001-7100-331-576-80-480. In accordance with the
approved budget, this item is funded by General Fund.
Background Information:
The City solicited bids for the removal and replacement of the roofs on the Saghalie
Restroom Buildings and Steel Lake Annex in 2021. Lawson Contracting, dba Wright
Roofing LLC, was the lowest responsive bidder in the amount of $155,139.82. During the
roof replacement, plywood damage was found. Staff authorized a change order for the repairs
in the amount of $915.92, bringing the final contract total to $156,055.75. Prior to the release
of Retainage on Public Works projects, the City Council must accept the work as complete to
meet State Department of Revenue and Department of Labor and Industries requirements.
16 Rev. 7/18
COUNCIL MEETING DATE: March 15, 2022 ITEM #:
........ . .......... .......... .._._.... ........... ........ ..-- ..... _....... ........... ......... ........... .............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2021 PROGRAM YEAR CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
POLICY QUESTION: Should the City Council approve the 2021 Program Year Consolidated Annual Performance and
Evaluation Report (CAPER)?
COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE. March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT.Community Development
......... ......... ........
Attachments: 1. Staff Report
2. 2021 Consolidated Annual Performance and Evaluation Report
Options Considered:
L Approve the proposed 2021 Consolidated Annual Performance and Evaluation Report.
2. Do not approve proposed 2021 Consolidated Annual Performance and Evaluation
Report and provide direction to staff.
MAYOR'S RECOMME'NDTION. Option 1.
MAYOR APPROVAL,: ,> DIRECTOR APPROVAL:
< Coi ni ee Co'nci Initial/Date
Initial/DateY Initial/Date
COMMITTEE RECOMMENDATION.I move to forward the proposed 2021 Consolidated Annual Performance and
Evaluation Report to the March 15, 2022, consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed 2021 Consolidated Annual Performance
and Evaluation Report. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
APPROVED
COUNCIL BILL #
DENIED .
First reading
El
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 4/2019
RESOLUTION #
17
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 28, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Sarah Bridgeford, Community Services Manager
Phon Sivongxay, CDBG/Human Services Coordinator
SUBJECT: 2021 Consolidated Annual Performance and Evaluation Report
Financial Impacts:
There is no cost to the City associated with the submittal of the 2021 Consolidated Annual
Performance and Evaluation Report.
Background Information:
The purpose of the Consolidated Annual Performance and Evaluation Report (CAPER) is to
inform the U.S. Department of Housing and Urban Development (HUD) and the City of
Federal Way community of the activities and accomplishments resulting from the investment
of Community Development Block Grant (CDBG) funds and other resources. The CAPER is
required for each year of the Consolidated Plan program period, which currently covers
program years 2020-2024. The 2021 CAPER is for the second program year and covers the
period from January 1, 2021 to December 31, 2021.
In 2021, HUD allocated $779,935 in CDBG funds to the City. Additionally, COVID
response funds (CDBG-CV) continued to be expended and were used to prevent, prepare for,
and respond to coronavirus by providing services to low- and moderate -income persons.
$536,000 in general fund dollars were used in conjunction with CDBG funds to provide a
wide range of human services. The Human Services Commission considered the 2021
CAPER and voted to recommend its approval at its regular meeting on Monday, February 28,
2022.
In 2021, the City expended $1,296,482.06 in CDBG funds. The City accomplished many of
its goals in the 2021 program year with CDBG funded activities providing public services
and economic development activities to 1,185 Federal Way residents. Services included life
skills training for persons with disabilities, four employment and training programs,
transitional housing, and homelessness prevention. The City deployed COVID-19 response
funds to adapt homeless services during the pandemic and to provide school -aged child care,
eviction prevention, homeless services, and technical assistance to microenterprise.
18
Rev. 7/18
The following are among the CDBG-funded projects accomplished in 2021:
• The City operated Housing Repair Program completed four home repairs with four
additional projects that began the process in 2021 and will finish in 2022;
• The Inclusion Program provided services to 235 individuals with disabilities;
• Four employment and education programs offered by Apprenticeship for
Nontraditional Employment for Women, the Multi -Service Center, Orion, and
Partner in Employment provided services to 33 Federal Way residents;
• 92 residents received transitional housing with FUSION.
• Highline College provided technical assistance to 42 established businesses and
startups;
® Catholic Community Services (CCS) expanded Day Center hours serving 234 people
experiencing homelessness from Federal Way;
• CCS operated Reach Out with 24/7 staffing in a non -congregate setting, serving 71
Federal Way residents; and
• The Boys and Girls Clubs adapted to add remote learning via a day time child care
and school support program for low- and moderate -income families. The program
served 92 low- and moderate -income Federal Way youth.
19
Rev. 7/18
CIT
Federal Way
Consolidated Annual Performance
and Evaluation Report (CAPER)
PROGRAM YEAR 2021
SECOND PROGRAM YEAR OF THE
2020-2024 CONSOLIDATED PLAN
For more information on the CAPER, contact:
Si necesita esta information en espaRol, flame al:
Sarah Bridgeford
Community Services Manager
(253)835-2650
Sarah. Bridaeford@cityoffederalwav com
Phon Sivongxay
CDBG/Human Services Coordinator
(253) 835-2651
Phon.Sivongxay@cityoffederalway.com
City of Federal Way
Community Development Department
Community Services Division
33325 8" Avenue South
Federal Way, Washington 98003
www.citVoffederalway.com
20
E
0
V
O
C
m
LA
f0
0
l7
i
Ln
1
U
vi
a1
U
N
_U
L
7
a
'A
In
a)
C
N
a)
E
O
2
a1
a
v
C
f0
N
a1
E
a1
E
O
U
C
C
O
c
v
>
a)
O_
N
N
c
In
N
a)
E
O
L
c
co
a)
O
U
ai
ri
w
W
0.
Q
V
O
O
m
0
ci
0
Ln
0
z
O
0
U
m
`al
_U
V)
f0
E
=
O
L
C
Q
E
M
O
U
=
3=
bn
'a m
a)
a
s =
+�
n
v
=
co
c o
p
N
13
cu
n :t
a
r_
to
•L
E
-p
=
m
•y
>-
mO
C
!=0
O
U
vi
to
Ln
• v
O
4�
c
C
v
0
3
U
N
0
.0 ^ +L+
Ln vi
=
p
O
rl O
w
IZ
to
p
IM
_U
CU
O'
_p
� � c
+,
v
co
c
-0
>
N
coo
>
'O
N
-p
c
3 V v,
r-
rn GJ m
OU
L
On
(gyp
N
4-V
O
41
+U+
V1
C
w
�
® _ f
N M O co
O
V)
N
r
O
0
U
m
0
-
�
E y to E
N
j
C
=0
d f0 vi
cuc0o
N
O
to
E tw O
of
•`
N
!0
!0
.>_
O ++
V tSO U O.
!0
>
'r
_cu
N
�
0)a
O -0 a)
41
C1A
c0mw
E 4)
-0
.O
®
L
0
U
E
` a4
vi
O
•C
C
2
a
p
O M U U
"- 3 =
!J.
—
0
LM
E
N
GJ 4ul O O O
Ln
++
41
O
y
vi
d ++ L
4�
!0
C
N
-0E
O
V M _ !0
-0`
°'
E
v
im
3
3 E O 0
E
y
a
`
N
4,
O� o
(0 4-
y
to
40-
a,
4)
E
p
f0 r c N
o
M
m fl
N
-
"O
N
O
3 an)
Ln E
C
m
O
40
r-E
a
of
co
O 4f = O
U
V
v
0,i
r-
r
`
cu
O
O
Ln
> O to coo
t
v
ay,
L
+,
v
(A c v
O t 4—
4)
v
,C
z'n
r
0 3—" a
E
a,
E
v
CLW > c
v
C
72
,+�0+
n
C
o
jW
o
� j
++
,t m vi
.a
°
v
t
a
O
—
O o_ n
+,
0
M
++
_p
u
C Q' _
4)
c
ci
v
v
N
O O
��
d
cCL u
r-o
(9
L
�..� Z 41
f
o
L>
4_
'`
p.._ o
o
E
E
-p
a
Lf)
Q
m
0
3
coo
U w u o
41
0
N
w a
o
4 E
n1
O
a
u
r-I
1 E
To
7 0
Q a
N
O
47
m
a
0 m`
w
I
IL
O
ct
41
Ol
l
u
ON
O
L
O
E
Um
0) O
O
Lrj
O
r-I
a u
I,
r-I
o
N
I "w
41
00
m
�n
u
Q �B
m
O
6Nl
�
u
'nn
o.
o
o
O
mLn
Lr)
W i
O.
r-I
N
609
N "O
O
tw
of
p w
00
N
N
=
��
R N
aQ"
iza
0
= N
mQ
41
41
41
41 4-
41
O
'p
++
0 C
41
U
tw
O
*'
V)
41
O of
Nam.,
N
O
co 2
U
a)U
+O+
co
y
N
+L+ 41
41 t
cuLn
fo
u
E
•N
i 41
U
O
_cu
L
CU
L O
u
=
p
CL
O
N
c
=
a
O
2
Lu a
ap
u 0
U'
v
U'
v
l7
l7
OE
Q
CU
m
C
cu
m
m
vi Q
U ® l7 U-
U l7 U-
CW
•=
>- v
OA
5
C
v
CO
•=
d,4
>-
v
0
O
C E
=
=
O
C E
= ®
O
C
=
E
=
®
C
=
E
O
o
=
O0
E
=
E
x
E
=
E
o
=
E >
E >
=
E
>
E
>
V
Z
u a
Z
U®
Z
u®
Z
u
a
ao
ao
+-
G1
N
L C J E
L c
J E
U
c
U
C
C
EO
:5 4--Q`O
•>
:B +I
-Qi0
co
O
c
0
C
m
c
0
W
.cCS
=
W
W
CL
CL
G
V)w
w G
V)W
LL
®
w
O
N
LU
d
U
N
0
N
O
m
rn
0
CL
N
0
L6
0
0
2
O
c
u°
0
22
0
d'
r-1
N
Ln
N
It
M
cn
lD
r-1
O�
O
OR
O
0
00
OR
0
O
Ln
aLn-I
O
d'
lD
0®
lD
O
In
lD
r-
M
lD
N
I-
O
Oct
O
O
O
O
O
NO
y
c
c
c
LnN
Lnv
V)v
V)
'7A
V,
4-1
OO
O L
O
=
L •�
Q
L 'V)
d Q
L 'V)
d <
i
d Q
y
4�
L
s
4d
CC �J
O
+�
a)
4�
t
V)
O
o
> ccO
U G
Q
a1
m
o
>
++
U
ccO a)>
G m
3 bjo
O +�
L
a
L
Vi
=
N a!
T
�=
a1 O
J
'VI
7
ar
V
O
J 7
V)O
d
V)
a)
e
30 —_
LL
C
am,,
O
2
_ O
VI
C O
m 2
v) 4�
V) i
al lao
V)
Vi
a)
m
C
E t
U
L
V L
L O
O
E
O
U
al
L E
O O
Qi
E y
E
O a!
2
a
�
O
U
a
v
O
O >
2 0
O
2
m
m
m
m
m
L
cam
L
cam
L
cam
L
C�
al
aJ
Ln
V)
Ln
V)
tLD
C
0
CA
C
V)�p
y
a!
aJ
a)
O =
O 7
E
E
E
E
Q 2
Q 2
2
2
2
2
a)
a)
VI
VI
Ln
V)
>
m C
> m
"
L
V)*'
m
L
�
m
"
V)
�
m
+'
V)
V,aJ
L
'n
�
O
Vi O j
>
Lp E
>
"LO E
>
E
>
p E
L
a
` O`
<C =
O
a Q=
a
'C O
Q=
a
'C O
Q s
i
a
'C O
Q=
a
'O O
Q=
aJ
m
M
LU
d
U
2
O
23
/
\
\
a)
e
\
7
&
CL
G
§
a
/
6
=
o
3
s
°
/
a)
E
u
7
§
k
2
K
e
=
ƒ
%
\
4-2
m
2
\
/
M
tw
/
\
\
\
2
2
§
J
a
o
u
§
(
E
\
/
ƒ
m
a
J
0
5
ƒ
2
«
2
$
^
»
n
ƒ
/
o
&
a
{
)
\
72
§
§
/
q
°
u
§
°
>
2
0
'
k
)
E
o
»
2
&
2
3
2
m
o
u
E
7
g
2
o
.
q
:
/
&
C
o
0i
M
2
u
3
3
§
o
m
m
C)CLm
2
)
/
.g
\
m
�
\
{
=
a)/
2
$
.
\
C
a
$
%
\
/
2
{
7
M
=
a
i
k
k
S.
0
\
\
m
c
§
[
41
2
»
/
§
\
k
\
0
\
\
@
&
/
.
f
k
§
»
\
\
/
_
w
\
\
s
@
k
$
$
& |
5
m
m
m
m$�
2.
c+,
a
m:
W
M_-
%
m
e
t
E
o
bD
�
k
2
g
5
/�
�:
•
§
§
bf
ƒ
!
/
2
S
\
o
E
u
e
R
u.
f
\
§
\
$
a
>-
{
»
S
K
@
O -
[°
CO
2
0>
X\
2
e
m
E
E
{
f/
t¥
k
§
b
k
\
�
-a/
2
f
k
ƒ
\
/
/
-a-
z
�
:
u
\]
It
E
\
k
24
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White
531
Black or African American
353
Asian
56
American Indian or American Native
7
Native Hawaiian or Other Pacific Islander
57
Total
1,004
Hispanic
111
Not Hispanic
1,074
Table 2—Table of assistance to racial and ethnic populations by source of funds
Narrative
During the program year, CDBG funds assisted 1185 persons. The racial categories listed above do not
include all of the racial categories that are tracked by subrecipients in compliance with the racial
categories that HUD requires programs to track. For example, programs track Other/Multi-racial,
Black/African American AND White, etc. The narrative provides more complete data as reported into the
CDBG data and reporting system for any population representing more than 1% of the people served
with CDBG funds in 2021. The demographic breakdown for projects measured by people is:
• 531 or 44.8% of people served were White compared with 51.5% of the City's population;
• 353 or 29.8% of people served were Black or African American compared with 14.7% of the
City's population;
® 56 or 4.7% of people served were Asian compared with 12.7% of the City's population;
• 7 or .6 % of people served were American Indian/Alaskan Native compared with 0.9% of the
City's population;
• 57 or 4.8% of people served were Native Hawaiian or Other Pacific Islander compared with 2.6%
of the City's population; and
• 181 or 15.3% of people served were multi -racial compared with 8.3% of the City's population.
• 111 of the persons served identified as Hispanic representing 9.4% of the population served
with CDBG funds compared with 18.7% of the City's population.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER 5
25
CR-15 - Resources and Investments 91.520(a)
Identifv the resources made available
Source of Funds
Source
Resources Made
Available
Amount Expended
During Program Year
CDBG
public - federal
1,656,117
1,072,382
General Fund
public - local
536,000
536,000
i ame J - Kesources Macle Available
Narrative
The City expended about 65% of its available CDBG resources during the second program year of the
consolidated plan (2021).
The resources made available included prior year entitlement funds, current year entitlement funds,
COVID-19 response funds (CDBG-CV), and program income. The City received the fnllowing program
income during the program year:
• Entitlement funds: $779,935 in 2021 funds
• CDBG-CV funds: $519,951.49 were expended in 2021 with $356,230.47 City CDBG-CV funds
remaining and $224,366 State CDBG-CV funds becoming available in early 2022
• Program income: $10,807.91
Identifv the eecieranhic distribution and lnratinn of invactmantc
Target Area
Planned
Actual
Narrative Description
Percentage of
Percentage of
Allocation
Allocation
COVID response funds meant it was a lower %
North Federal
than expected, but same % of annual allocation
Way
4
2
expected.
f dUW +— menuTy ine geograpnic oistrinut►on ano location of investments
Narrative
Most of the City's CDBG funding during the 2021 Program Year was Citywide except for the following:
• Highline's StartZone Program, which served residents from the target area in North Federal
Way, the former Neighborhood Revitalization Strategy Area. This funding was targeted to
business startups and workshops were delivered in Spanish with technical assistance provided in
a number of languages.
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
26
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate -income, and middle -income persons served.
One -Year Goal
Actual
Number of Homeless households to be
provided affordable housing units
31
397
Number of Non -Homeless households to be
provided affordable housing units
0
0
Number of Special -Needs households to be
provided affordable housing units
0
0
Total
31
397
Table 5 — Number of Households
One -Year Goal
Actual
Number of households supported through
Rental Assistance
195
374
Number of households supported through
The Production of New Units
0
0
Number of households supported through
Rehab of Existing Units
0
0
Number of households supported through
Acquisition of Existing Units
0
0
Total
195
374
Table 6 — Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City has not met housing repair targets for theConsolidated Plan to date. COVID-19 impacted the
program oth in homeowners accessing the program and contractors being available to complete work.
Housing Repair was not funded in Program Year 2021 as the program continued from 2019 amd 2020. In
2021, four homeowners had repairs completed with four in progress that will complete in 2022. The City
anticipates meeting the goals set in the 2020-2024 Consolidated Plan.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
27
Discuss how these outcomes will impact future annual action plans.
As Housing Repair is capital and the program may continue to operate, there is no antiicipated impact
on future annual action plans.
Include the number of extremely low-income, low-income, and moderate -income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served
CDBG Actual
HOME Actual
Extremely Low-income
593
0
Low-income
522
0
Moderate -income
42
0
Total
1,157
0
Table 7 — Number of Households Served
Narrative Information
100% of funds are used to support low- and moderate -income households.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
28
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e) 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City partnered with Catholic Community Services to utilize CDBG-CV funds to adjust services to
prevent and respond to COVID-19. These services included expanded Day Center hours to address lower
capacity requirements due to social distancing and the closures of businesses and nonprofits that people
experiencing homelessness frequent. It is one of the services that assesses individuals needs and assists
in moving people to shelter and housing.
The City invested $39,000 in outreach to persons experiencing homelessness through the City's Human
Services General Fund (HSGF) supported projects. These projects included street outreach by mental
health professionals and a community day center. Through these two services, 254 individuals from
Federal Way received services. In addition, the City partners with currently unfunded outreach teams
from two additional agencies to work with individuals to connect them to services. The City funds and
supports Crisis Connection's 2-1-1, which provides critical information and referral services, many of
which are related to homelessness. While many residents call 2-1-1 directly, City staff also provide
information on resources by telephone and in person when individuals request services. Staff talk with
residents to assess their needs and make appropriate referrals to local nonprofits.
Addressing the emergency shelter and transitional housing needs of homeless persons
The CDBG-CV funds continued support of the transition of the local shelter to a non -congregate model
and moved it from six -months to year round during the pandemic to safely operate based on CDC and
the Department of Health guidelines.
The City annually provides general funds to support a variety of human services programs. During the
Program Year, the City expended $91,000 in general funds to programs providing shelter and
transitional housing. The programs funded included Catholic Community Services Reach Out, Multi -
Service Center Shelter and Transitional Housing, DAWN's housing program for domestic violence, Mary's
Place to help families experiencing homelessness avoid entering the shelter system by accessing
housing, and FUSION's family shelter. CDBG funds supported FUSION's transitional housing and Reach
Out. Additionally, the City coordinated and planned a severe weather shelter in partnership with
Catholic Community Services and FUSION to provide shelter during two inclement weather events in
2021 providing critical safety to people living unsheltered in Federal Way. In general, services do not
have the capacity to meet the need.
Helping low-income individuals and families avoid becoming homeless, especially extremely
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
29
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
The City invested Human Services General Fund (HSGF) grants in four programs dedicated to providing
financial assistance to help stabilize individuals and families and prevent them from becoming homeless.
With $71,000, the four programs served 345 households with 1,009 individuals. Additionally, $249,576
of CDBG-CV Public Services funding was used by the Multi -Service Center and Catholic Comunity
Services to stabilize households comprised of 374 individuals with rental assistance.
While not as direct as rental and utility assistance, many programs funded by HSGF provide other types
of services that can offset costs and increase stability for residents. These programs include childcare,
afterschool programs, employment and education programs for youth and adults, counseling, legal
assistance, food assistance, and many others. These services provide a critical safety net addressing the
many and unique needs experienced across the community.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
All of the aforementioned shelter services, day center services, transitional housing, and outreach
services work closely with persons experiencing homelessness with the goal of helping individuals
transition to permanent housing. The street outreach programs, day center services, and single adult
shelters encounter many chronically homeless persons and strive to build relationships and trust with
the individuals to facilitate service access. Services include, but are not limited to,case management,
goal setting, moving to permanent housing, access to services such as counseling, substance abuse
treatment, and referrals to address many other needs. The City funds a variety of services designed to
work with different types of households experiencing homelessness including young mothers,
individuals, and families.
While rent assistance providers do not report on the number of households assisted that were
previously homeless, their services are critical in preventing homelessness and likely reach at least some
people who previously experienced homelessness.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
10
30
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City is within the jurisdiction of the King County Housing Authority (KCHA). KCHA owns three public
housing developments, one subsidized housing property, and two moderate -income apartment
complexes, one of which was newly acquired in 2019.
The City worked collaboratively to address the needs of public housing by advocating for and investing
in affordable housing stock, providing supportive services to prevent homelessness (reducing the
number of people who need to seek other housing options such as public housing), and staffing a
number of committees that directed funds to organizations managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
King County Housing Authority (KCHA) actively works to increase resident involvement through a
number of mechanisms to collect feedback and develop opportunities for residents. As a highly
functioning entity that is separate from cities, KCHA does require or need city involvement to increase
resident engagement. The City is not in a position to directly impact resident engagement, but does seek
partnership with KCHA to seek resident involvement on City projects.
Actions taken to provide assistance to troubled PHAs
King County Housing Authority (KCHA) is a high performing public housing authority (PHA) and not
considered a troubled PHA.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
11
31
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
In October 2021, the City Council approved the Housing Action Plan (HAP) for Federal Way. This
plan provides a strategic road map for actions the city can take to encourage housing production,
greater housing diversity, and expand housing choices for residents of all income levels. The HAP
includes an assessment of housing needs, community and stakeholder engagement, and housing policy
and code review used to inform objectives and implementing strategies to address housing needs.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
City staff have worked to support smaller, community based organizations with additional focus on
organizations led by people of color. Additionally staff has engaged in the Governing for Racial Equity
and Inclusion (GREI) and the quarterly regional consultation with refugee resettlement agencies. The
focus of the groups ranges from direct services to policy level work and education.
During the Program Year, the City utilized CDBG to fund two public services programs that meet the
needs of underserved communities:
Inclusion Program received $30,000 to provide 120 persons with disabilities scholarships to take
multiple life skills classes that prepare them to live independently;
Employment Services Program offered by Orion received $11,000 to assist three persons with
disabilities with job readiness and placement assistance, of whom two were placed in jobs by
the end of the year.
The City Council approved a fulltime Diversity, Equity, and Inclusion Analyst to serve as a subject matter
expert on Title VI/VIII, diversity, equity and inclusion, and community outreach. The Analyst will also
work cross -functionally to perform highly responsible, complex, professional, administrative, and
technical work and may work with community groups, elected officials, and commissions and/or
committees on DEI-related efforts.
Actions taken to reduce lead -based paint hazards. 91.220(k); 91.320(j)
All housing rehabilitation projects complied with the lead -based paint requirements. As appropriate,
City staff provided information concerning lead hazards to our project beneficiaries. We require
subrecipients working on housing related capital projects comply with lead -based paint requirements
and provide information to all tenants and homeowners impacted by their projects.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
12
32
Actions taken to reduce the number of poverty -level families. 91.220(k); 91.320(j)
As part of the City's COVID-19 response planning, a two-year financial counseling program was funded,
with the program beginning thie Program Year. The program focuses on the financial stability and
growth of low- to moderate -income households by providing services assisting in improved credit,
reduction in debt, and asset building. Additionally, the program staff will refer households to other
services that may including employment and education intended to help households increase income.
The City also provided $44,000 in CDBG funds for four public services programs that provide
employment assistance and educational programs, an increase in both funding and funded programs
from the prior Program Year. The programs all met performance targets providing increased opportunity
to residents to improve income via training and employment services.
Highline College's two programs collectively received $60,000 in CDBG funds to assist clients with
technical assistance to support existing businesses and startups. Highline's programs included a citywide
program and one specifically provided to residents of the North Federal Way area, the former
Neighborhood Revitalization Strategy Area (NRSA). The programs did provide services designed to
increase business stability and growth and the tools provided will hopefully support economic recovery
and future growth of microenterprises.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
While the City continues to develop internal infrastructure and ways to support the local community
based organization infrastructure, the regional efforts are instrumental in addressing two of the largest
needs in the community, which are housing and homelessness. The City participated in the South King
Housing and Homelessness Partners (SKHHP), the Affordable Housing Committee through staff
membership on the Housing Interjuridictional Team, and sub -regional conversations to address
homelessness by addressing gaps in services in South King County. The development of the Regional
Homelessness Authority will also impact regional and local structures and the City will look for ways to
work within that structure while continuing to address local needs.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City is an active participant in the South County Human Services Planners (SKCHS) group. SKCHS is
comprised of local planners, social service agencies, human services organizations, and public housing
authority staff. The purpose of the group is to coordinate efforts to ensure relevant and culturally
appropriate human services are made available to those most in need within the region. The City staff
will continue involvement with the SKCHS to improve the coordination between public and private
housing and social service agencies.
The City coordinates housing services through its investment, communication, and networking with
funded and non -funded organizations. City staff sit on a number of committees to address affordable
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
13
33
housing and coordinate, promote, and develop services for people experiencing homelessness. These
efforts include the staff workgroup for the Affordable Housing Committee and the South King Housing
and Homelessness Partners
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City engaged a third -party consultant in 2020 for the development of a Housing Action Plan (HAP)
which includes a needs assessment, zoning and code review, and housing strategies. The work
concluded in 2021 and informed the Comprehensive Plan update including the housing element. While
the focus of the HAP is broader than the scope of the Al or the City's CDBG program, many of the Al
goals are addressed throughout the development of the HAP. Community Services staff have
participated in the project with the Planning Division as lead. The HAP process has included discussions
on housing stability, community engagement, affordable housing preservation and development, and a
zoning and code review to increase housing supply. The adoped HAP's housing objectives are listed
below:
• Promote new market -rate and affordable housing construction that expands housing choices
and is inclusive to community needs.
• Encourage homeownership opportunities and support equitable housing outcomes.
• Plan for forecasted growth and ensure the built environment promotes community
development and increases the quality of life for Federal Way's existing and future residents.
• Preserve existing affordable housing stock to reduce displacement pressure.
The HAP's adopted strategies that overlap the Al goals are listed below:
• Ensure that financial and regulatory incentives for mixed -income housing are effective.
• Review school impact fees on multifamily housing.
• Coordinate affordable housing development and preservation with nonprofit developers,
community groups, and the South King Housing and Homelessness Partners (SKHHP).
• Protect tenants and support pathways to homeownership.
Additionally, the addition of the full-time Diversity, Equity, and Inclusion Analyst will offer dedicated
time to Title VIII and housing including more direct implementation of adopted strategies in the Analysis
of Impediments.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
14
34
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
During the Program Year, all CDBG-CV Public Services programs and capital and economic development
programs received virtual montioring due to the continued impact of COVID-19. There were no concerns
identified in material review.
Ongoing monitoring of all CDBG projects and activities was conducted on a frequent basis throughout
the Program Year. The Public Services activities were monitored in terms of outcomes, goals, and
supporting documentation. Reports were reviewed to ensure that contract targets were being met,
demographic information was being collected, and expenditures were reviewed. One project did submit
an invoice and report, but did not have supporting documentation. The organization is aware of the
requirements, but had staff change over. While the City could not reimburse for the services, the
organization and city are working together to ensure compliance in the future and have systems in place
for situations such as staff changes. The adaptation of a virtual monitoring allowed the opportunity for
agencies to strengthen their security measures, specificially in the collection of client files. The remote
monitoring of invoices submitted for payment and quarterly reports did not reveal any instances of non-
compliance. The City monitored every project that was part of the City implemented Housing Repair
Program. Every project file was thoroughly examined. Individual project sites were visited at the scope
development phase and during various phases of construction.
As part of ongoing monitoring activities, the City has developed a technical assistance plan for existing
subrecipients and new subrecipients for the 2022 Program Year. Technical assistance will be designed to
ensure ongoing compliance and review of CDBG requirements. As mentioned above, one project did not
maintain required records, but has the knowledge, experience, and dedication to effectively implement
a federally funded project and be in compliance with regulations. Staff will continue to work with them
and collect supporting documentation to ensure compliance and that residents have access to needed
service.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
15
35
The CAPER's Notice of Public Comment Period was advertised in the City's Newspaper of Record. Citizen
comments and suggestions are being encouraged regarding development of the Program Year CAPER
during the public comment period that began February 22, 2022 and ends March 15, 2022. Citizen
comments areencouraged for submission via telephone, letters, email, and mail.
Notice of the draft CAPER was emailed to many agencies and community partners. A public hearing
regarding the CAPER will be held at the February 28, 2022 Human Services Commission. The CAPER was
posted on the City's website at www.cityoffederalway.com during the public comment period. Hard
copies of the CAPER will be made available upon request.
Specify the nature of, and reasons for, any changes in the Jurisdiction's program objectives
and indications of hove the Jurisdiction would change its programs as a result of its
experiences.
The City had identified over $450,000 to support capital costs for shelter in 2021. While a shelter project
did move forward, due to unforeseen circumstances, it moved too quickly to complete the federal
requirements for relocation and funds could not be used. This created a significant change to
expenditures and accomplishments not occuring. The City of Federal Way will use a competitive process
to reallocate funds within the City's adopted Consolidated Plan strategies and will amend the 2021
Annual Action Plan to reallocate those funds. Additionally, one public service project with El Centro de la
Raza had staff changes that led to inadequate supporting doucmentation and records. El Centro de la
Raza is a great partner and well versed in federal regulations, but could not assemble the required
documentation to show compliance with regulations. They have put systems in place already to prevent
any future concerns and staff will continue monitoring and technical assistance. The $20,000 for the
2021 project will be reallocated with shelter funding.
Does this Jurisdiction have any open Brovunfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
16
36
CR-45 - CDBG 91o520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of hove the jurisdiction would change its programs as a result of its
experiences.
The City had identified over $450,000 to support capital costs for shelter in 2021. While a shelter project
did move forward, due to unforeseen circumstances, it moved too quickly to complete the federal
requirements for relocation and funds could not be used. This created a significant change to
expenditures and accomplishments not occuring. The City of Federal Way will use a competitive process
to reallocate funds within the City's adopted Consolidated Plan strategies and will amend the 2021
Annual Action Plan to reallocate those funds. Additionally, one public service project with El Centro de la
Raza had staff changes that led to inadequate supporting doucmentation and records. El Centro de la
Raza is a great partner and well versed in federal regulations, but could not assemble the required
documentation to show compliance with regulations. They have put systems in place already to prevent
any future concerns and staff will continue monitoring and technical assistance. The $20,000 for the
2021 project will be reallocated with shelter funding.
Does this Jurisdiction have any open Browenfields Economic Development Initiative (BEDI)
grants?
m
[BEDI grantees] Describe accomplishments and program outcomes during the last year,
OMB Control No: 2506-0117 (exp. 09/30/2021)
CAPER
17
37
RWAMM Year 2021
FEDERAL WAY, WA
PARTI: SUMMARY OF COBG RESOURCES
01 UNEXPENDMCDBG FUNMATENDOFPREVIOUS Mt M YEAR
02 EN71EMENTGUNT
03 SURPLUS URBAN RENEWAL
04 SECTION IN GUARANTEED LMN FUNDS
05 CURRENT YEAR PRK)RPM INCOME
0% CURRENTYEAR SECTION IN P MM INCOME (FOR A TYPE)
06 FUNDS RETURNED M THE ME -OF CREDIT
0%FUNDS RETURNED MTHE LOLL CODE ACCOUNT
01 ADIUSTMEMM COMPOTE TOTAL AVARABLE
ON TOTAL AVAILABLE (SUM, LINES 03 02)
PARTM SUMMARYOFCOBOEXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION IN REPAYMENTS AND PIANNINGVADMINISIRATION
ICI ADJUSTMENTTO COMPUIE TOTAL AMOUNT SUWECTTO LOW/MOD BENEFIT
11 AIMYINTSUBJECTTO LOW/MOD BENEFIT (ME 03+LANE 10)
12 DURURSED IN IDS FOR PLANNING/ADMINJS@ATION
13 DISBURSED IN IDS MR SEMON IN REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, TINES 11-14)
16 UNEXPENDED BALANCE (ME 08-ME 15)
PART III: LOWM00 BENEFIT THIS REPORTERS PERIOD
17 UPENDED FOR LCR%WOD H XJ MG IN SPECIAL AREAS
18 UPENDED MR LOW/MOD MUL13LNR HOUSING
19 DISEASE) MR ORDER LOW/MOO ACTIVITIES
20 ADNSMENTM COMPUTE TOTAL IOW/MOD CREDIT
21 TOTAL LOW/MCO CREDIT(SUM, LINES 120)
22 PERCENT LOW/MOD CREDIT DINE 21NNE 11)
LOW/MOD BENEFIT FOR MULTI -MR MODIFICATIONS
23 FRWRAM YURS(PY) COVERED M CERTJFIGRON
24 CUMULATIVENETEXPENDMTU SUWEUT LOW/M00BENEMMCUN TION
25 CUMULATIVE EXPENDITUNES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFITM LOW/MXJ PERSONS (ME 23JUNE M)
PART IV: PUBLIC SERVICE IRS) W CALCUUTIOMS
V D6BRSO IN IDS FOR WBIC SERVICES
20 PE UNLIQWMTED CMGATIONS AT END OF CURRENT PROGRAM YEAR
29 PS UNUQURMTED OBIWTIONS AT END OF PREVIOUS PROGRAM YEAR
30 ADJUSTMENT M COMMUE TOTAL PS CBIMTIONS
31 TOTAL PS OBLIGATIONS (TINE D+LINE 28-TINE M+TINE 30)
32 ENRM1EMENTGRNIT
33 MOR }FAR PROGRAM INCOME
34 AOIUSIMENTTO COMPOTE TOTN 9JS1ECTlD PS UP
35 TOTAL SUBJECT M PS CAP (SUM, LINES 3234)
36 PERCENT ELANDS OBLIGATED MR PS ARNJHES (ME 3ULME 35)
PAHTV: PLANNMOAHDADMINISIRITION(PA)GP
32 DSBURSED IN IDS MR MANNING/ADMINSTRATION
38 PA LNURILIMTED OBLIWTIONS AT END Of CURRENT PROOWM YEAR
39 PA VNUQUJDATM OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR
40 ADUSTMENT M COMMUTE TOTAL PA OBLIGATIONS
41 TOTALPAO8LMTICWS(11NEW+LME38 COVE39+LME40)
42 ENTMEMENTGRANT
43 CURRENT MR PROGRAM INCOME
M ADJMTMENTM COMPUIETOTALSUSJECTM PAW
45 TOTAL StJRUK TTO PA CAP (SUM, LINES 42i4)
46 PERCENT FUNDS OBIMTED MR PA ACIMIIES(UNE 41NNE 45)
RU'w.21
229,9E M
am
O.CU
10,807.91
CIAO
0.00
0.00
OM
1,454,&W.12
451,954.19
0.00
451,954,19
100p)6.M
O.W
am
552,430.53
902389.59
am
9.W
451,954.19
CIAO
451,954.19
100 0%
P: W:
am
am
0.00
O.W%
3%$69.61
CIAO
CIAO
(244569.61)
94,000.00
n9,935M
28,27143
OW
803,206.43
11.63%
IAD426.M
O.W
0.00
CIAO
1C0,4]6.N
r%93S.D]
10.00291
O.Po
J%,J4291
12 1%
38
Plll2&1 Dlreu:5eman: and mlIXninnol 511— 1
CDBG Y`003"""aYReWn _.--..-
�a+x
a5"
PN9ram Yw: 2@I
ocv
FEDERAL WAY, WA
LINE IT DETAL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON
LINE II
Regat m drnrd no data.
LINE IB DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON
LINE 18
Repxt odu. no data.
❑NE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19
Plan
IDIS
ID[5
V..obar
Amlvl Name
ty
Matrix
Cede
Natknal
OBjwNw
Drawn Amwnt
Ynr
project
Mtivlty
Number
202I
IB
24
6543981
Faxeral Way CgmmenityCmta lxddWM"Mand
05B
LMC
$30,OW.W
OSO
Matrix Cade
$30,DDLOD
2021
5
221
6589936
MSC Youth Emply/mxnt all Edumtlon S os
05H
LMC
$M,OW.W
2021
6
BY
658%39
D Emq%malt ServRet
CSH
LMC
$tl'Umw
2021
]
218
6599918
pre'Appredksblp CwslnrttKn Talnl:g and 5uppa0w 5ervlcs
0511
LMC
$9,00O.0O
2021
10
223
65 O
PIE-Empb/mentand TrMnirg
DISH
LMC
$10,M.M
OSH
MCOk Code
$H,O0.00
20w
17
217
6557372
MSC COVID Rent Aslftamx
05Q
LMC
$162R17.74
ZEE
12
212
658%38
MSC COVID Red AyaNx a
05Q
LMC
$52,819.18
ww
19
227
65MW
Ca Emaalxy Axaix
05Q
LMC
$16,703.0
OSQ
MabH OMe
$N;569.61
M21
9
220
65mv
Tmsttmal H"Am
05Z
LMC
$30,m.w
on
Max+a Code
$xOmmoO
M19
1
191
6546013
Hoolg Repar Program
14A
IMX
$43,285.51
2019
1
191
6596 4
Hw9ig Hna tr Program
14A
IMH
$QU3.23 -
2020
3
203
659WSI
H irg RnpNr xwmm
14A
LMH
$24,849.&
Ill
Matti
$76,308.58
2021
11
225
6589934
Sta:t2we(NRSa)
SBC
LMC
$19,812.93
2021
12
224
6589932
BammK Devtla4amwtPro3rzm5
VC
LMC
$19,28,07
18C
Math Cade
$39,D76.o0
Tote,
$4511914.19
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF UHE IT
ACHVXyro
Plan
IDIS
IDIS
doucheNumWar
Prevaeu,
prema,Fan, vm, Xame Grand Number
Fund
Matrix
Naxowl
rw.
proj«t Amvlry
xumuer
reapnne
Trpa
fade
oejecu.e
to
Co..,..
DrOnn Amoum
2121
18
226
6547981
No Felcal Way Ommunity Cella N[Iwkn Program B21MC53CO15
IN
OSB
LMC
130,00"o
OLD
Matrix Cade
$301000.90.
2021
5
221
658W35
No MSC YertM1 Empbvred and EWmtlm SeNaa B21610533015
EN
OH
LMC
114,00000
2021
6
231
6589339
No plm Empb/meM Senkx ECIMU30LIS
IN
ZiH
LMC
$11.00000
2021
2
218
6589318
No PmAppreraysblP CmWmoJW Tralrn9 and 5upµ7tlre5ervKa 521M 33015
IN
011
LMC
$9.00000
2021
10
223
5589940
No PIEFir,an enl and Tani, BY1MC53]015
EN
05H
LMC
$100000
OSH
MADIx Code
$"'Odmw
M20
lI
217
6557322
Ya NEC DO= Rmt A09ance B19MC53COI5
EN
OSQ
LMC
$16Z972.14
20M
31
211
65999M
Yw MSC ECM Rent A,dNance B191VC53]015
EN
OSQ
LMC
NZ888.10
Xw
19
227
65B9926
Yea CCS Emegaxy Wtar. Bi9MCK0015
EN
05Q
LMC
$16,103.69
OSQ
Matrix "a
$N;569.61
ml
9
220
6569921
No TranNlM&HdNrg mildtZ30015
EN
(Sr
LMC
$N00000
952
Matrix Code
$20,000N
No ANvlty W prevent, Prepare fury and raapone to Coronavbua
$94,W000
Y. Activity A prevent prepare roq and:espond to Comnavirua
$N 569.61
TeMI
036,569.61
LINE 32 DETAIL: ACTIVIDES INCLUDE. I. THE COMPUTATION OF LINE 37
man
IDIS
IDIS
Vouiter
gym, Name
Oda
Cotle
Netlanl
Oojatlw
Draw Ammon[
Projxt
AN Ily
M robe
2021
1
228
658(10
F:ryram haWntlatin
21A
880919.64
2021
1
228
658)94]
"ram OLmmWattan
21A
1D>,...
Iu
mina COBe
$100,436.34
Total
$1010,47634
39
Clime of Comi4uniry Planning and Development
DATE: 02-23 22
U.S. DeP nnn"t of Hous ng and U ban Develop ne t
TIME 16 22
Inte9ratetl D's5r rsement antl Info' "I" Sy4em
* ♦
PAGE,}.
e PR26 CDBG CV Financial Summary Report _
�IIIIIII
- —
r�R FEDERAL WAY, WA
PART I: SUMMARY OF CDBG-CV RESOURCES
-
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE -OF -CREDIT
0.00
0.00
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
0.0
04 TOTAL AVAILABLE (SUM, LINES 01-03)
1,100,282.00
PART IL SUMMARY OF CDBGtV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION
741,051.53
06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRgTION
0.00
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
O W
08 TOTAL EXPENDITURES (SUM, LINES 05 - 01)
744,051.53
09 UNEXPENDED BALANCE(LINE 04- LINES )
3562304T
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOWIMOD HOUSING IN SPECIAL AREAS
000
II EXPENDED FOR LOWIMOD MULTI -UNIT HOUSING
0.00
12 DISBURSED FOR OTHER LOWIMOD ACTIVITIES
744.051.53
13 TOTAL LOWIMOD CREDIT (SUM, LINES 10 -12)
740.051.53
14 MOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
741,051.53
15 PERCENT LOW/MOD CREDIT (LINE I MINE 14)
100.00%
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
706,551.53
iT CDBG-CV GRANT
I.M0,28200
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE I6ILINE I))
64,22%
PARTY: PLANNING AND ADMINISTRATION(PA)CAP
19 DISBURSED IN IDIS FOR PLANNINGIADMINISTRATION
0.00
20 CDBG-CV GRANT
1,100,282.00
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES(LINE 191LINE 20)
0.00%
40
Z�L oil'
9a4N."Ed
Office of Community alannln9 and Deaelapmeor
U.S. Department of Housing and Urban Development
Integrated Dribuaement antl Information System
PR26 CDl3G-CV Financial Summary Report
FEDERAL WAY, WA
... DATE:.
TIME:
PAGE'.
LINE 30 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10
Report returned no data.
LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11
Report resumed no data.
LINE
THE COMPUTATION OF LINE 12
92 23-22
16'.22
IDIS
Voucher
Mal
National
Plan Year
IDIS Project
Activity
Number
Aetleily Name
Code
Objective
Drawn Amount
2020
14
206
6455275
COVID 19 RESPONSE
05L
LAC
$43,407.00
15
205
6455281
Expanded Day Center
05Z
LMC,
$124,69304
16
204
6455282
REACH Out
05Z
LMC
$56,000.00
17
217
6548028
MSC COVID Rent Assistance
050
LMC
$12Q3,ssS3
18
216
6589930
Business De.el0pmant COVID Response
18C
LMC
$37,500.00
19
227
6548008
CCS Emergency Assistance
050
LMC
$59,450.31
65899M
CCS Emergency Assistance
050
LMC
$63,78100
2021
14
214
6589942
Back On Trail COVID Response Financial Counseling
05Z
LMC
$42,102.83
15
211
6589919
Expanded Day Center
lg Z
LMC
$69.300.00
16
212
6589921
REACH Out
05Z
LMC
$63.799,22
17
215
6547991
COVID-19 RESPONSE
05L
LMC
$3],6]320
Total
$7441051.53
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16
Plan Year
IDIS Project
IDIS
Asti
Voucher
Number
ACIlvlty Name
Matrix
Cod.
National
Objective
Drawn Amount
2020
14
206
6455275
COVID 19 RESPONSE
05L
LMC
S43AOZ00
15
205
6455281
Expanded Day Center
OSZ
LMC
$124,693.04
16
204
6455282
REACH Out
05Z
LMC
$561000.00
17
217
6W028
MSC COVID Rent Assistance
050
LMC
$126.344.93
19
227
6WO08
CCS Emergency Assistance
050
LMC
$59,450.31
6589926
CCS Emergency Assistance
050
LMC
163.781.00
2021
14
214
6589942
Back On Track COVIO Response Financial Counseling
05Z
LMC
$42.102.83
15
211
6589919
Expanded Day Center
05Z
LMC
$89,30000
16
212
6589921
REACH Out
05Z
LMC
$63799.22
17
215
6547991
COVID-19 RESPONSE
05L
LMC
$37.673.20
Total
$706,551.53
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19
Report returned no des.
41
CIT
Federal Way
Centered on Opportunity
This page was intentionally left blank.
42
COUNCIL MEETING DATE: March 15, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SYSTEMS FOR PUBLIC SAFETY AGREEMENT — AMENDMENT 2
POLICY QUESTION: Should the Mayor approve Amendment 2 for the Systems for Public Safety Agreement to
increase the compensation from $900,000 to $2,100,000 in order to cover the remaining upfitting expenses for
scheduled Replacement Reserve vehicles and the 28 recently approved police vehicles for the term of the
agreement (9/9/2023).
COMMITTEE: PRHS&PS Committee MEETING DATE: March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Bearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Commander DEPT: Police
Attachments: 1. Staff Report
2. Systems for Public Safety Agreement — Amendment 2
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENP,�.TION: Option 1.
MAYOR APPROVAL:
'DIRECTOR APPROVAL: Z
Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the March 15, 2022, consent
agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019 RESOLUTION #
43
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 8, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Kurt Schwan, Police Commander
SUBJECT: Systems for Public Safety `Goods and Services' Agreement —
Compensation increase
Fanancaal Impacts:
This item was not included within the approved budget for the Systems for Public Safety
`Goods and Services' Agreement. As proposed, it will be funded by ARPA / General Funds.
Upon completion of the agreement, the total compensation will have been increased from
$1,200,000 to $2,100,000 (an increase of $900,000) due to the Council approved purchase of
28 new police vehicles and the ongoing costs associated with operations and maintenance of
those and the replacement reserve vehicles scheduled for purchase during the remainder of
the agreement, which end in September 2023.
Background Information:
Systems for Public Safety purchases, installs, maintains, and repairs police vehicle equipment
to include, but not limited to, emergency lighting, push bumpers, power management
systems, prisoner and canine containment systems, siren systems, and any other in -vehicle
accessories required. The Federal Way PD has been utilizing the services of Systems for
Public Safety since 2006. The materials, quality of workmanship, and services provided
have been above reproach, thankfully so because they are also a sole source provider.
The request for compensation increase is necessary in order to up -fit and equip the vehicles
being purchased for the police fleet. The current agreement is set to expire September 9,
2023.
44 Rev. 7/18
CITY OF
Federal
Way
CITY HALL
33325 c th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
eh LVt'tYnf0d6117i0lyCOR7
AMENDMENT NO. 2
TO
GOODS AND SERVICES AGREEMENT
FOR
INSTALLATION AND REPAIR OF POLICE VEHICLE EMERGENCY EQUIPMENT
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Systems for Public Safety, Inc., a Washington corporation ("Contractor"). The City and
Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the
original Agreement for Installation and Repair of Police Vehicle Emergency Equipment ("Agreement") dated
effective March 27, 2018, as amended by Amendment No. 1, as follows:
L AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be'amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the previously Amended Term. Except as otherwise provided in an attached Exhibit, the
Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of
the performance and payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
45
AMENDMENT B-2 - 1 -
3�
Federal
„.
CITY OF
CITY HALL
33325 8th Avenue South
Federal Way, 4rVA 98003-6325
(253) 835-7000
:`JY1'LV Ci(�,'C>{/G�C7Er7fTFYYL'ay' CLN,,P7
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:
By:
Jim Ferrell, Mayor
DATE
SYSTEMS EMS FOR PUBLIC; SAFETY, INC.:
By:
Printed Name:
Title:
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF 1
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20 .
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
46
AMENDMENT B-2 - 2 -
CITY or CITY HALL
33325 8th Avenue SOLIth
Federal Way Federal Way, `aNA 08003-6325
(253) 835-7000
,,vy a.c:ityoffbdelahvgycoin
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional
amount not to exceed One Million Two Hundred Thousand and NO/100 Dollars ($1,200,000.00). The total amount
payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be
an amount not to exceed Two Million One Hundred Thousand and NO/100 Dollars ($2,100,000.00).
2. Method of Compensation: Parts supplied for installation shall not exceed 30% markup, nor exceed state
contract pricing.
Hourly Rate
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below:
$90.00 per hour for troubleshooting, repair, and installation. At the service provider's option, the cost of labor shall
increase up to 3% per annum.
47
AMENDMENT B-2 - 3 -
Clfy OF
Federal Way
Centered on Opportunity
This page was intentionally left blank.
n
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: March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ 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 I.
MAYOR APPROVAL:DIRECTOR APPROVAL:
Coitifnittee f"'f Cot ng9l Initial ate
InitialMate Initial ate
COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the March 15, 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 #
49
CITY OF FEDERAL WAY
MEMORANDUM
BATE: March 8, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract — Puyallup City Jail
Faaaaaaci al llmr.sacl[s:
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).
50 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 inmates from the City of Federal Way; and
WHEREAS, in an effort to streamline administrative procedures and ensure that the daily
rate of $158.28 to house inmates at Puyallup's jail is consistent with the current operating
costs, it is necessary to enter into an updated 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:
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 commence on and terminate one year form this date.
The Agreement will be automatically renewed for successive one-year terms unless terminated by
either party pursuant to section 3 of this Agreement.
51
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 ninety (90) 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 ninety (90) 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, WA 98371
Contact:
COMPENSATION
a) Bed Rate. In consideration of Puyallup's commitment to house Federal Way
inmates, Federal Way shall pay Puyallup one hundred fifty-eight dollars and 28/100 ($158.28)
per day for each inmate housed.
b) 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.
52
c) 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 1 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.).
d) 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 Officers that are not acceptable at booking, will be the responsibility
of the Federal Way Officers to transport back to the City of 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.
3
53
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 the City of 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 the City 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
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.
4
54
(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 jail. 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 expended or cost incurred by Puyallup in providing the
same; provided that, except in emergencies, Federal Way will be notified by contacting a duty
Sergeant 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 as
soon as practicable following emergency 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.
5
55
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
fj 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, furnish reasonable and necessary information as reasonably requested and follow
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.
6
56
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 defend, indemnify and hold Federal Way, its officers, officials,
employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of Puyallup
in performance of this Agreement.
b) Federal Way shall defend, indemnify and hold Puyallup, its officers, officials,
employees and volunteers, harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the acts, errors or omissions of Federal
Way in performance of this Agreement.
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.
7
57
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 emir` 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.
8
58
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:
Its:
Date
Brenda Fritsvold
City Clerk
By: Shawn Arthur
Its: Deputy City Attorney
Date:
9
59
CITY OF FEDERAL WAY:
By: Jim Ferrell
Its: Mayor
Date:
ATTEST:
By: Stephanie Courtney
Its: City Clerk
Date:
By: Ryan Call
Its: City Attorney.
Date:
CITY OF
.� Federal Way
Centered on Opportunity
This page was intentionally left blank.
r,
SUBJECT: DISTRIBUTION AGREEMENT BETWEEN SEATTLE POLICE DEPARTMENT AND FEDERAL WAY
POLICE DEPARTMENT
POLICY QUESTION: Should the City of Federal Way enter into a Distribution Agreement between the Seattle
Police Department and the Federal Way Police Department for a laptop for ICAC Task Force investigations?
COMMITTEE: PRHS&PSC MEETING DATE: March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cmdr. Tracy Grossnickle DEPT: Police Department
Attachments: 1. Staff Report
2. Distribution Agreement between Seattle Police Department and Federal Way Police
Department
Options Considered:
1. Approve the proposed Distribution Agreement.
2. Do not approve proposed Distribution Agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
®�® 4 DIRECTOR APPROVAL:2�
COnnci "" ,�,v. Initial//nate
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Distribution Agreement to the March IS,
2022, consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Distribution 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
- 4/2019
RESOLUTION #
61
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 8, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Chief Andy J. Hwang
SUBJECT: ICAC Distribution Agreement
Financial Impacts:
This distribution agreement between the Federal Way Police Department and the Seattle
Police Department is under the Internet Crimes Against Children (ICAC) Task Force, for
which Seattle Police Department is the lead agency. The agreement will provide a laptop
computer for a detective to conduct investigations for the ICAC Task Force at no initial
cost to the City of Federal Way other than any maintenance that may be needed.
Background Information:
The Federal Way Police Department is part of the regional Internet Crimes Against Children
(ICAC) Task Force and as such investigates crimes involving sensitive materials. Some of
these materials cannot be accessed through the City network computers and require a
dedicated off-line computer or laptop. As a result, the ICAC Task Force is able to provide
laptops to participating agencies at no cost, accomplished through a distribution agreement
with Seattle Police Department as the lead agency for the Task Force.
62 Rev. 7/18
Distribution Agreement
Between
Seattle Police Department
And
Federal Way Police Department
(DUNS: 612509901)
This Agreement is entered into by Federal Way Police Department and City of Seattle Police
Department, (SPD), whose address is 610 Fifth Avenue, Seattle, WA 98124-4986.
The Federal Way Police Department is undertaking certain activities related to a federal grant award. All
federal finanical and grant management rules and regulations must be adhered to in the execution of
this Agreement. A copy of the federal award doucment is attached for reference. SPD is acting as a
pass -through entity for this grant. The Federal Way Police Department has been designated by SPD as a
sub -recipient.
FEDERAL, AWARD INFORMATION
GRANT AWARD TITLE _
FY20 Washington ICAC Task Force Program
Must match registered name in DUNS
FEDERAL AWARD ID_#
DUNS NUMBER
CDFA NUMBER
_ #2018-MC-FX-1<054 _
130986214
#16.543
FEDERAL AWARD DATE
SUBAWARD PERIOD OF
PERFORMANCE START DATE
SUBAWARD PERIOD OF
PERFORMANCE END DATE
10/27/2020
10/1/2021
09/30/2024
FUNDS OBLIGATED FOR THIS
AGREEMENT
TOTAL GRANT AWARD
FEDERAL AWARD AGENCY
_ $1,785.00
_ $1,667,712
OJJDP
Under the terms and condlitions of this grant, SPD distributed specialized emergency response
equipment for the Federal Way Police Department. The distribution of the equipment is subject to the
following terms and conditions.
The equipment to be purchased for the Federal Way Police Department is described as follows at a
cost of $1,785.00. (Based on quotes provided at time of grant award. Actual will be reflected on
Hand Receipt):
Item/Project Description
Manufacturer
Vendor
Quantity
Forensic computer
LVO P15V 15-10300H
CDW Government
1
hardware (Laptop) to use
512/16 W10P
in ICAC investigations
Part#: 20TQ002XUS
2. This equipment shall be accounted for by written hand receipt and is subject to the terms and
conditions of this agreement. Title to the equipment transfers upon delivery.
63
3. The equipment delivered to Federal Way Police Department is accepted "as is" by Federal Way
Police Department with the understanding that SPD disclaims all warranties for the delivered
equipment. Should the equipment not perform as specified by the vendor, the Department will
provide all warranty repair information to Federal Way Police Department.
4. Federal Way Police Department is responsible for the exchange of equipment with like items for
proper size, etc. Department will provide all exchange information to the Federal Way Police
Department.
5. Federal Way Police Department is responsible for the maintenance, training, storage, proper use
and inventory of the equipment. If this equipment is lost, stolen or deemed unusable it will not be
replaced. Equipment valued at $5,000 or more (or the Federal Way Police Department's
capitalization threshold, if less than $5,000) have additional compliance requirements. These
requirements include maintaining detailed property records, an inventory to be conducted by the
Federal Way Police Department every two years on all federally purchased equipment valued at
$5,000 or more (or the Federal Way Police Department's capitalization threshold, if less than
$5,000), a control system to adequately maintain and safeguard the equipment must be established,
and federal disposal requirements must be met. The Federal Way Police Department shall comply
with the 2 CFR Part 200, "Uniform Guidance: Uniform Administrative requirements, Cost Principles,
and Audit Requirements for Federal Awards", and 44 CFR 13.32 Equipment.
6. Federal Way Police Department shall defend and hold harmless the U.S. Department of Homeland
Security, the Washington State Military Department, King County Office of Emergency Management,
the Department, its officers, employees and agents from any claims, costs, demands or damages
that may result from the Federal Way Police Department's failure to comply with the provisions of
this Agreement, and with laws and regulations applicable to the equipment and its use.
For all equipment valued at $5,000 or more (or the Federal Way Police Department's capitalization
threshold, whichever is more) the Federal Way Police Department must complete a biennial letter of
certification to the Department at the address listed below. The certification letter must identify this
equipment and include the date of inventory, location, and condition of the equipment until the
equipment is disposed of in accordance with Federal requirements. Attachment A is a sample
Certification Letter that SPD will send to the Federal Way Police Department on a biennial basis.
Federal Way Police Department will be required to return the signed certification letter prior to the
release and distribution of the above listed equipment.
S. Federal Way Police Department must record this equipment in accordance with 2 CFR Part 200
Subpart E "Cost Principles" are subject to audit and reporting requirements under 2 CFR Part 200
Subpart F "Audit Requirements". If the Federal Way Police Department is required to have an audit
in accordance with 2 CFR Part 200 for the year the equipment is received, a copy of the audit report
and the management letter shall be forwarded to the Department at the address listed below.
9. Federal Way Police Department shall maintain all books, records and documents related to the
receipts and proper maintenance of the equipment. In compliance with 2 CFR Part 200 Part D "Post
Federal Award Requirements", Department will conduct periodic onsite reviews of the equipment
and the accounting records.
10. SPD has responsibility to monitor the listed equipment/supplies for its useful life.
64
11. Federal Way Police Department understands it has a responsibility to report cost of equipment on
the Financial Schedule of Expenditures of Federal Awards (SEFA, Schedule 16 annual financial
report).
12. Where documents require signatures, please sign and return to the Seattle Police Department,
Grants & Contracts Unit 610 Fifth Avenue, Seattle, WA 98124-4986. Thank you for your assistance
in this matter. Please call Seattle Police Department at 206-386-0063 if you have questions.
Name: Andy J. Hwang
Title: Chief of Police
Date:
Attachment A: Copy of Grant Award Document
Attachment B: Sample Certification Letter
SEATTLE POLICE DEPARTMENT
Brian G. Maxey
Chief Operating Officer
Date:
65
ACITY OF
n.& Federal Way
Centered on Opportunity
This page was intentionally left blank.
COUNCIL MEETING DATE: March 15, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUGET SOUND AUTO THEFT TASK FORCE (PSATT) - INTERLOCAL COOPERATIVE AGREEMENT
POLICY QUESTION: Should the City agree to the amended and restated PSATT interlocal cooperative
agreement with the partner agencies?
COMMITTEE: PRHS&PSC - MEETING DATE: March 8, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Commander Tracy Grossnickle DEPT: PD
Attachments: Staff Report
Puget Sound Auto Theft Task Force Interlocal Cooperative Agreement
Options Considered: 1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option #1 —accept the recommendation to renew the
MAYOR APPROVAL• L'_c— twDIRECTOR APPROVAL
Ce:�/�- at
mn l/Date mncim:le
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the March IS, 2022 consent
agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to sign
said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCILBILL#
❑ DENIED First reading
❑ TABLEDMEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING tordinances Doty) ORDINANCE
REVISED - 12a017 RESOLUTION #
67
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: March 8, 2022
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Interlocal Cooperative Agreement between the Washington State Patrol, Pierce
County Sheriff's Office, and the Municipalities of Auburn, Bonney Lake, Buckley,
Federal Way, Kent, Lakewood, Puyallup, Tacoma, Tukwila and the Port of Seattle
for the Maintenance of the Puget Sound Auto Theft Task Force
Tiro-Anra-Al Tmn-ArtQ°
a,,
The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft
Prevention Authority (WATPA) grant awards and expenses for PSATT related activities are
reimbursed monthly.
Background Information:
PSATT, formed in 2017, is a multi jurisdictional team focused on investigating and enforcing
laws relating to auto theft. Federal Way was been a member of the Task Force since 2017.
The Task Force provides a more efficient use of personnel, equipment, budgeted funds, and
training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The
City of Federal Way, through the Police Department, continues to serve as the Lead
Administrative Agency, which is responsible for proper accounting procedures, reports and
statistics. The Federal Way Police Department will also continue to assign at least one
commissioned employee to the PSATT Task Force, which is currently the Task Force
Commander.
AMENDED AND RESTATED INTERLOCAL COOPERATIVE
AGREEMENT
FOR THE CREATION AND MAINTENANCE OF THE PUGET SOUND
AUTO THEFT TASK FORCE.
L PARTIES
The parties to this Agreement are the Washington State Patrol, Pierce County
Sheriff's Office, and the Municipalities of Auburn, Bonney Lake, Buckley,
Federal Way, Dent, Lakewood, Puyallup, Tacoma, Tukwila, and the Port of
Seattle, each of which is a state, county, or municipal corporation operating
under the laws of the State of Washington.
Parties may be added or removed by the process outlined in Section 7.
Changes to membership, including any additions or removals, will be reflected as
an addendum to this agreement.
2. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93,39.34, and53.08 of the
Revised Code of Washington.
3. PURPOSEXORMATION
The parties to this Agreement wish to establish and maintain a multi -
jurisdictional team to effectively investigate and enforce the laws relating to
auto theft; hereafter known as the Puget Sound Auto Theft Task Force
``("PSATT" or "Task Force" in this Agreement). This Agreement does not replace
any previously executed interlocal agreements by the parties to provide backup
law enforcement services. The parties do not intend to create a separate legal
entity subject to suit through this agreement.
4. STATEMENT OF PROBLEM
The Washington State Legislature recognized that automobiles are an essential
part of our everyday lives in passing the Washington Auto Theft Prevention Act in
2007. The family car is typically the second largest investment a person owns, the
theft of which causes a significant loss and inconvenience to people, imposes
financial hardship, and negatively impacts their work, school, and personal
1 A. a L) t. PUGET SOUND.AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
M,
activities. Appropriate, meaningful, and proportionate penalties should be imposed
on those who steal motor vehicles.
King County, Pierce County, and the municipalities therein have experienced
increases to urbanization and population densities resulting in a rise in crime
associated with auto theft. This increase has stretched the resources of individual
police department investigative units.
Historically, law enforcement efforts focused on auto theft were predominately
conducted by agencies working independently. A multi -jurisdictional approach to
auto theft investigations has many benefits, including: the more effective use of
personnel, improved utilization of funds, reduced duplication of equipment,
improved training, development of specialized expertise, and improved information
sharing. This approach, such as the one detailed in this Agreement, results in
improved services for all participating jurisdictions and increase safety for the
communities they serve through improved auto theft prosecution.
5. TASK FORCE OBJECTIVES
The assigned personnel from each participating jurisdiction forms the Puget
Sound Auto Theft Task -Force, which will serve the combined service areas of all
the participating jurisdictions.
PSATT's objective is to provide enhanced and more efficient use of personnel,
equipment, budgeted funds, and training to investigate and aid in the prosecution of
prolific or organized auto theft crimes. PSATT may respond as able to requests for
assistance by any participating jurisdiction or by other law enforcement agencies
pursuant to chapter 10.93 RCW.
6. GOVERNANCE
The Task Force shall be governed by an Executive Board ("Board") composed of
one member from each participating jurisdiction that has at least one full-time
employee assigned to the Task Force ("Board Member"). Each Department Head
shall have an equal vote and voice on all Board decisions. All Board decisions shall
be made by a majority vote of the Board Members, or their designees, appearing at
the meeting where the decision is made. A quorum of the Board must be present for
any vote to be valid. A presiding officer shall be elected by the Board together with
21 P a t? e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
70
such other officers as a majority of the Board may deem appropriate.
A Lead Administrative Agency shall be selected by the Board. The other
participating agencies are sub -recipients. The Lead Administrative Agency shall
be responsible for establishing proper accounting procedures, an audit -trail, and
the collection and provision of required reports and statistics.
The Board shall meet quarterly, unless otherwise determined by the Board. Any
Board Member may call extra meetings as appropriate. The presiding officer shall
provide no less than forty-eight (48) hours' notice of all meetings to all members of
the Board; PROVIDED, however, that in emergency situations, the presiding officer
may conduct a telephonic meeting or a poll of individual Board Members to resolve
any issues related to such emergency.
The Board may, at its discretion, adopt policies, regulations, and operational
procedures that shall apply to Task Force operations. Officers assigned to the
Task Force remain employees of their employing agency and are subject to the
policies of their employing agency. To the extent that the written policies,
regulations, and operational procedures of the Task Force conflict with the
written policies, regulations, and operational procedures of the individual
jurisdictions, the Task Force members will adhere to the written policies,
regulations, and procedures of their employing agency.
7. DURATION, MEMBERSHIP, AND TERMINATION
A. Term.
The term of this Agreement shall be one (1) year, effective upon its adoption and
consistent with the Washington Auto Theft Prevention Authority (WATPA) grant
period. This Agreement shall automatically extend for consecutive one (1) year
terms conditioned upon the receipt of funding through the WATPA grant process.
B. Membership — Additions and Withdrawals.
A majority vote of the Board may approve the addition of an Agency to the Task
Force. Each addition will be memorialized in the minutes of the meeting in which
the Board approves the addition and be evidenced by an addendum to this
agreement.
3 1 P a PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
71
A participating jurisdiction may withdraw from this agreement by providing
thirty (30) days' written notice of its withdrawal to the other participating
jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's
expiration will be ineligible for related grant funds beyond reimbursement for
approved grant expenditures that accrued prior to the participating jurisdiction's
withdrawal. Removal of a participating jurisdiction will be evidenced in an
addendum to this agreement.
Any membership change addenda must comply with RCW 39.34.030.
C. Termination.
A majority vote of the Board may terminate PSATT. Any vote for termination
shall occur only when the Department Head, or his or her designee, of each
participating jurisdiction is given reasonable advanced notice of the meeting in
which such vote is taken and reasonable advanced notice that a vote to terminate
PSATT is forthcoming at the Board meeting. The participating jurisdictions may
completely terminate this Agreement by mutual agreement in writing. Upon
termination of this Agreement, any assets acquired by the Puget Sound Auto Theft
Task -Force with grant funds shall be distributed by the Board upon a majority vote
of all Board members or their designees.
Termination of this Agreement or the withdrawal of a party shall not extinguish
those obligations described in Section 16 and 1.7 of this Agreement with respect to
the withdrawing party as to any incident occurring before the withdrawal of the
party. Those obligations described in Section 16 and 17 shall survive the termination
of this Agreement with respect to any cause of action, claim, or liability arising on
or prior to the date of termination.
8. COMMAND AND CONTROL
In the event of a mobilizing incident, the primary agency will be the agency in
whose jurisdiction the incident has occurred. The primary agency shall appoint a
command level officer to serve as Incident Commander to be the officer in charge
of the local event. The Incident Commander retains full authority and control
throughout the incident and shall make any decision as to the resolution of the
incident.
4 111 a a e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
72
9. TASK FORCE STAFF
Upon adoption of this Agreement, the staff listed below shall be assigned and
serve at the pleasure of the Board. The Board shall have authority to determine
which participating jurisdictions will contribute staff and shall have authority to
approve of staff assigned by a party. The Board may change, eliminate, or add staff
positions as deemed appropriate. The Board shall, to the best of its ability,
determine which participating jurisdictions may provide staff for the various
positions during the previous year's budget cycle. A staff member of the Task
Force may be removed from his or her position for any reason by majority vote of
the Board or by the chief/sheriff of his or her employing jurisdiction. All Task
Force staff members shall be in good standing with their employing jurisdiction at
all times during their service on the Task Force.
Commander: A Task Force Commander with the rank of Commander or
Captain (or command level equivalent) from his/her employing jurisdiction
shall be appointed by the Board. The Commander shall act as the principal
liaison between the Board and Task Force staff. The Commander shall operate
under the direction of the presiding officer of the Board. The Commander shall
be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force.
The Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the Task Force. The Commander shall be
responsible for presenting any policies, regulations, and operational procedures and
revisions for Board review and approval.
Supervisor: The Task Force shall have two (2) Supervisors with the rank of
Sergeant or equivalent from their respective employing jurisdiction; one (1)
supervisor position will be funded by WATPA and appointed by the Board, and
one (1) non-WATPA-funded supervisor positions will be provided by the
Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander.
Detective: The Task Fnrc-e shall have WATPA-firnded detectives assigned from
participating jurisdictions that are appointed by the Board and non-WATPA-
5 1 P a g, e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
73
funded detectives provided by WSP. The number of detectives is dependent on the
WATPA grant award and the WSP budget amounts provided to the Task Force.
Crime Analyst: Subject to WATPA funding, PSATT shall have one (1)
WATPA-funded crime analyst provided by one of the participating jurisdictions.
Prosecutor: Subject to WATPA funding, PSATT shall have one (1)
prosecuting attorney provided by the King County Prosecutor's Office or the
Pierce County Prosecutor's Office to provide direct access to legal support for
improved communication and prosecution of auto theft cases investigated by the
Task Force.
Pursuant to RCW 10,93.040, personnel assigned to the Task Force are
considered employees of their employing jurisdiction, which shall be solely and
exclusively responsible for that employee. All rights, duties and obligations of the
employer shall remain with the employing jurisdiction. Each participating
jurisdiction will comply with all applicable employment laws and any applicable
collective bargaining agreements or civil service rules and regulations.
10.EQUIPMENI', TRAINING, AND BUDGET
Equipment, training, and eligible expenses will be paid by PSATT as
provided in the WATPA grant through the Lead Administrative Agency's
finance department. A participating jurisdiction that incurs expenses not
provided in the WATPA grant is responsible for those expenses. As provided
in the WATPA grant, each participating jurisdiction shall provide a monthly
expenditure invoice to the Lead Administrative Agency's finance department
documenting those expenses that are eligible for reimbursement through the
WATPA grant.
Each participating jurisdiction will provide a vehicle for each full-time
Employee assigned by that participating jurisdiction to PSATT, The
participating jurisdiction is responsible for the operating costs and maintenance
of vehicles provided to its employees assigned to PSATT.
11.OVERI'IME
Overtime funds shall not exceed the amount budgeted in the WATPA grant
award. A Task Force Supervisor must pre -approve overtime expenditures.
6 1 P 3 L PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
74
Overtime is eligible for reimbursement only if: (1) a Task Force Supervisor
authorized the overtime; (2) the overtime activity is specifically related to auto
theft prevention efforts; and, (3) WATPA funds are available. When budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the
PSATT or WATPA and any overtime incurred by a Task Force staff member
shall be the responsibility of the employing jurisdiction.
12. REIMBURSEMENT OF FUNDS
Participating jurisdictions requesting reimbursement for approved expenditures
must submit appropriate invoices and itemized receipts monthly, and no more
frequently than once each month, for actual expenses incurred. Sub -recipients shall
submit all bills for reimbursement to the Lead Administrative Agency to ensure
that those bills comply with grant policies and regulations prior to the Lead
Agency submitting all reimbursements together to WATPA for payment. Each
reimbursement request must contain a completed WATPA reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon
the available budgeted amounts provided in the WATPA grant award. The
participating jurisdiction is responsible for timely submittal of billing
documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not
authorized and will not be reimbursed.
WATPA will reimburse participating jurisdictions upon submittal of billing
documentation, as outlined in the WATPA grant award. Requests for
reimbursement for per diem (meal and travel expenditures) must be accompanied
by an itemized receipt detailing the item purchased. Copies of timesheets are
required for overtime reimbursement. Reimbursement will be made only up to the
amount of the WATPA grant award limit for this expense type. Any cost above
and beyond the award limit is the responsibility of the employing jurisdiction.
13. RECORDS
Each participating jurisdiction shall maintain and manage records related to
PSATT in confnrmance with the Public Records Act (Chapter 42.56 RCW) and
the Washington State Secretary of State's records retention schedule or the
.... _.... _... __........ ................ .. .
7 1 11.1 a gy e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
75
participating jurisdiction's unique records retention schedule so long as such
unique retention schedule meets or exceeds the requirements of state law. All
records relating to PSATT kept by a participating jurisdiction shall be available for
full inspection and copying by any other participating jurisdiction. Records related
to PSATT include but are not limited to bi-annual WATPA reporting, invoices,
and requests for reimbursement along with supporting documentation.
Any party to this Agreement that receives a Public Records Act request related
to PSATT shall notify every other jurisdiction participating in this Agreement of
the request within two (2) business -days. All participating jurisdictions will search
their records to locate and produce responsive documents in a prompt manner to
support meeting notification and response requirements under the Public Records
Act and will identify those responsive records produced that are or may be exempt
from disclosure under state law.
Criminal investigation reports generated by the Task Force will be maintained
in the records systems of the employing jurisdiction of the primary Task Force
staff member who created the report. The primary investigator of an incident or
case may include in his or her report supplemental reports that are also filed with
another agency by Task Force members.
14. POLITICAL ACTIVITIES PROHIBITED
No government funds, including WATPA award funds, may be used for or
against ballot measures or the candidacy of any person for public office.
15. PRESS RELEASES
All press releases related to Puget Sound Auto Theft Task -Force activity must
be authorized by the Task Force Commander, who will coordinate the press
release with the police agencies in whose jurisdictions the incident has taken
place. In the event that a press release is associated with a public service
announcement or public outreach efforts, the Task Force Commander will
coordinate the press release with the Board.
16.LIABILITY AND INDEMNIFICATION
81 P a gy c PUGET SOUND AUTO THEFT TASK -FORCE TNTERLOCAL AGREEMENT
W.
The Task Force staff assigned by the employing jurisdiction shall continue
under the employment of that jurisdiction for purposes of any losses, claims,
damages, or liabilities arising out of or related to the services provided to the Task
Force or the activities of the Task Force. Each participating jurisdiction agrees to
hold harmless, defend, and indemnify the other participating jurisdictions in the
Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney's fees.
A. Collective Representation and Defense.
The jurisdictions may retain joint legal counsel to collectively represent and
defend the jurisdictions in any legal action. In the event a jurisdiction does not
agree to joint representation, that jurisdiction shall be solely responsible for all
attorney fees accrued for its individual representation or defense. The jurisdictions
and their respective defense counsel shall make a good faith attempt to cooperate
with other participating jurisdictions. Cooperation includes, but is not limited to,
providing all documentation requested and making Task Force members available
for depositions, discovery, settlement conferences, strategy meetings, and trial.
B.Insurance.
Each participating jurisdiction shall maintain adequate insurance through the
commercial insurance market, an insurance pool, self-insurance, or a combination
thereof. The failure of any insurance carrier or self -insured pooling organization to
agree to or follow the terms of this Agreement shall not relieve any participating
jurisdiction from its obligations under this Agreement.
17.NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of its conduct in support of
Task Force operations, that jurisdiction shall promptly notify the other
participating jurisdictions of the claim or lawsuit. Any documentation, including
the claim or legal complaints, shall be provided to each participating jurisdiction
within ten (10) calendar days.
18. PRE -CLAIM FILING REQUIREMENTS
Nothing in this Agreement shall be deemed a waiver by any participating
9 ( I' a a e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
77
jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and a
participating jurisdiction providing notice or copies of a claim to another
jurisdiction pursuant to Section 17 of this Agreement shall not be deemed
compliance with the requirement that a party who files suit against a jurisdiction
first file a claim with the jurisdiction in accordance with Chapters 4.92 and 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service
of a lawsuit, and the fact that a participating jurisdiction provides notice or copies
of a lawsuit to another jurisdiction shall not be deemed adequate service of such
lawsuit in accordance with the state or federal Rules of Civil Procedure or the
Revised Code of Washington.
19. WRITTEN CONSENT TO ENFORCE TRAFFIC AND
CRIMINAL LAWS
Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written
consent of each sheriff or police chief of each participating jurisdiction to permit
the officers of any participating jurisdiction to enforce traffic or criminal laws in
any of the participating jurisdictions in pursuit of the purpose of this Agreement.
20. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
parties and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with this Agreement.
21. FILING
Upon execution, this Agreement shall be filed with the city clerks of the
respective participating municipalities and such other governmental agencies as
may be required by law, and each jurisdiction shall, pursuant to RCW 39.34.040,
list this Agreement by subject on its official website.
22. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not affect
the validity of any remaining section, part, or provision of this Agreement.
23. AUTHORIZATIONS
Pursuant to RCW 39.34.050, this Agreement shall be executed on behalf
10 111 a g PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
78
of each participating jurisdiction by its duly authorized representative and
pursuant to an appropriate resolution or ordinance of the governing body of
each participating jurisdiction. This Agreement shall be deemed effective
upon the last date of execution by the last so authorized representative.
This Agreement may be executed by counterparts and be valid as if each
authorized representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign
this agreement on behalf of the participating jurisdiction, and the participating
jurisdiction agrees to the terms of the Agreement.
[Signature Pages Follow]
PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
79
Nancy Backus
Mayor, City of Auburn
City Clerk, City of Auburn
Date
Date
City Attorney, City of Auburn
Date
Neil Johnson Date Kathleen Haggard_ Date
Mayor, City of Bonney Lake City Attorney, City of Bonney Lake
Sadie Schaneman Date
Interim City Clerk, City of Bonney Lake
Beau Burkett Date Phil Olbrechts Date
Mayor, City of Buckley City Attorney, City of Buckley
Treva Percival Date
City Clerk, City of Buckley
Jim Ferrell Date J. Ryan Call Date
Mayor, City of Federal Way City Attorney, City of Federal Way
121 P PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
80
Stephanie Courtney
City Clerk, City of Federal Way
Pat Fitzpatrick
City Attorney, City of Kent
Kim Komoto
City Clerk, City of Kent
Heidi Wachter
City Attorney, City of Lakewood
Date
Date
Date Dana Ralph
Mayor, City of Kent
Date
Briana Schumacher Date John Caulfield
City Clerk, City of Lakewood City Manager, City of Lakewood
John Palmer Date Joseph Beck
Mayor, City of Puyallup City Attorney, City of Puyallup
Mary Winter Date
City Clerk, City of Puyallup
Elizabeth Pauli Date
City Manager, City of Tacoma City Attorney, City of Tacoma
13 1 V �i g PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
81
Date
Date
Date
Date
Doris Sorum Date
City Clerk, City of Tacoma
Allan Ekberg Date Rachel Turpin Date
Mayor, City of Tukwila City Attorney, City of Tukwila
Christy O'Flaherty Date
City Clerk, City of Tukwila
Ed Troyer Date Date
Sheriff, Pierce County Clerk, Pierce County
John R. Batiste Date
Chief, Washington State Patrol
Steve Metruck bate Traci Goodwin Date
Executive Director, Port of Seattle Sr. Port Counsel
14 111 rt PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
82
SUBJECT: AMENDMENT TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
PROGRAM FOR FY 2018
POLICY QUESTION' Should the City of Federal Way, Federal Way Police Department accept the Amended
MOU, extending the term of performance for Edward Byrne Memorial Justice Assistance (JAG) Grant
FY2018? Acceptance of grant requires no matching funds.
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE. MAR 8, 2022
SAFETY COUNCIL COMMITTEE — (PRHS&PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF DEPORT DY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE
................................................................................................................... _ ................... _.....................................
Attachments:
1. PRHS & PSC Staff Report
2. 2018 JAG MOU Amendment No. 1 — Performance Extension
Options Considered:
1. Approve the FY 2018 JAG Grant Amendment
2. Reiect the FY 2018 JAG Grant Amendment and provide. direct ion to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAY
O. _ DIRECTOR
Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the Amended FY 2018 JAG Grant to the March 15, 2022,
consent agenda for approval. "
Committee Chair Committee Member Committee .Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 4/2019 RESOLUTION #
N
CITY OF FEDERAL WAY
MEMORANDUM
DATE: March 8, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: FY 2018 Edward Byrne Memorial Justice Assistance (JAG) Grant
Program — Contract Amendment for Performance Extension
Financial Impacts:
The financial impacts of this 2018 Edward Byrne Memorial Justice Assistance Grant
(JAG) award is positive for the City. Project Award in 2020: $41,894 for the purchase of
Safe City server and network infrastructure and Mobile Data Computer (MDC) spares.
Grant Acceptance does not require matching funds. Approving the MOU Amendment to
extend the performance period will ensure the City may benefit from the grant award.
Background Information:
The Police Department applied for the 2018 Edward Byrne Memorial Justice Assistance
Grant (JAG) and received funding in the amount of $41,894 or "Safe City Server and
Network Infrastructure." The JAG Program is the primary provider of federal criminal
justice funding to state and local jurisdictions and supports all components of the criminal
justice system. JAG funded projects may address crime through the provision of services
directly to individuals or communities and by improving the effectiveness and efficiency
of criminal justice systems, processes, and procedures.
Historically, the City's IT staff is tasked with many projects and priorities and capacity
for additional projects is limited. One major project that needed to be completed prior to
the server purchase was the upgrade of a significant amount (about 70) of the City's Safe
City cameras. This project was further delayed due to the loss of the project's leader. In
addition, the COVID-19 pandemic prevented the City's IT staff from making forward
progress on the purchase of this equipment until recently.
The City has requested quotes and received Council approval to proceed with the
purchase. However, the worldwide supply chain issues compounded with the limited
supply of computer chips further extended the lead time of this equipment by at least
three to four times from normal amounts. The City was unable to acquire the components
by the end of the original performance period of the grant, September 30, 2021.
Ell
Due to these issues in spending the 2018 JAG award, the City respectfully requested and was
granted a one-year grant performance extension to September 30, 2022. This extension is
incorporated into this MOU Amendment.
Acceptance of the amended MOU for the FY 2018 Edward Byrne Memorial Justice
Assistance Grant will ensure that services or projects under this Agreement will conducted
for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program
(42.U. S.C.375 l (a.)) and the City will not lose the opportunity to use the grant funds to obtain
this needed equipment.
R:
The City of Seattle
Seattle Police Department
AMENDMENT NO. 1
IN
Memorandum of Understanding- Contract
Contract #20-00461
THIS AGREEMENT is made and entered into by and between The Seattle Police Department
(SPD), a department of the City of Seattle, hereinafter referred to as "SPD", as represented by
the Chief of Police; and the City of Federal Way;
The original Agreement is amended as follows. All other terms and conditions of the original
Agreement, as amended, remain in effect.
TERM OF AMENDMENT
The term of the agreement shall be amended from a performance end date of 9/30/21 to
9/30/22.
FUNDING SOURCE
FEDERAL AWARD INFORMATION
Edward Byrne Memorial
GRANT AWARD TITLE
Justice Assistance Grant (JAG) Program
FY2018 Local Solicitation
Must match registered name in DUNS
FEDERAL AWARD ID #
DUNS NUMBER
CDFA NUMBER
2018-DJ-BX-0200
790597814
# 16.738
SUBAWARD PERIOD OF
SUBAWARD PERIOD OF
FEDERAL AWARD DATE
PERFORMANCE START
PERFORMANCE END
DATE
DATE
07/19/2019
10/01/2017
09/30/2022 amended
FUNDS OBLIGATED FOR
TOTAL GRANT AWARD
FEDERAL AWARD
THIS AGREEMENT
AGENCY
$41,894 1
$681,367
DOJ, BJA
NOW THEREFORE, the parties hereto have executed this Amendment to the Edward Byrne
Memorial Justice Assistance Grant by having their representatives affix their signatures below.
Amendment History for reference purposes only:
History
Brief Description of Change
Original
$41,894
Amendment 1
Extend period of performance to 9/30/22
Total
$41,894
Page I 1
m
The parties have executed this Amendment by having their representatives sign below.
City of Federal Way
Jim Ferrell
Mayor
Date
Date
Page 1
L-IM
Memorandum of Understanding -Contract
Justice Assistance Grant (JAG) Program
FY 2018 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Faye Landskov
610 Sth Avenue
Seattle, WA 98124-4986
=1
City of Federal Way, hereinafter referred to as "Subrecipient"
JAG Grant Manager: Diane Shines
33325 8 Ave S
Federal Way, WA 98003
City of Federal Way
1.5 #20-00461
Pg.
IN WITNESS WHEREOF, the par -ties have executed this Agreement by having their
representatives affix their signatures below.
City of Federal Way
Jil n ell, Mayor
�i�lrryelll, Mayc
Dam 4�vg 0
City of Seattle
2
Mark R. Baird, Chief Operating Officer
Seattle Police Department
Date:, tV,�'6
Authorized by: Edward Byrne Memorial Justice Assistance Grant (JAG) Program
WHEREAS, the justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from
multi -jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing
initiatives; and
WHEREAS, the United States Congress authorized $681,367 in the justice Assistance Grant
(JAG) Program for jurisdictions in King County, and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award
with a single, joint application; and
WHEREAS, the City of Seattle ("City"), as the identified Fiscal Agent, had DO) submit the
joint application to the Bureau of justice Assistance on Aug 22, 2018 to request JAG
Program funds; and
WHEREAS, based on the Citys successful application, the Bureau of justice Assistance has
I awarded $681,367 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal
Agent for this award, is to distribute grant funds to co -applicants, the City intends to
transfer some of the JAG funds it receives to those co -applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will
assume responsibility for any program costs funded by JAG once JAG funds are
spent;
M.
NOW THEREFORE, the parties hereto agree as follows;
This Interagency Agreement contains seven Articles:
ARTICLE Io TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed, until
September 30, 2021 unless terminated earlier pursuant to the provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated
purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.)
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to state and local jurisdictions. The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement; prosecution and court
programs; prevention and education programs; corrections and community corrections;
drug treatment and enforcement; crime victim and witness initiatives; and planning,
evaluation, and technology improvement programs.
ARTICLE III. SPECIAL CONDITIONS
1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau
of justice Assistance solely for the purpose of furthering the stated objectives of the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall
use the funds to perform tasks as described in the Scope of Work portion of this
Agreement.
2. The Subrecipient acknowledges that because this Agreement involves federal funding,
the period of performance described herein will likely begin prior to the City's receipt
of appropriated federal funds. The Subrecipient agrees that it will not hold the City or
the Department of Justice liable for any damages, claim for reimbursement, or any type
of payment whatsoever for services performed under this Agreement prior to the City's
receipt and distribution of federal funds. In the event that the Department of Justice
requires the City to repay awarded funds for failure to comply with Special Conditions
41-47 listed in Attachment A, the Subrecipient will repay the City any funds it received
under this Agreement that the City is required to repay to the federal government.
Subrecipient further acknowledges and agrees that the City may reject federal funds if it
is required to comply with Special Conditions 41-47 as a prerequisite for receiving
these funds. Subrecipient will not pursue the City for such funds but may be able to
pursue the federal government.
3. This contract is funded with federal grant funds under CFDA 16.738, The grant is FY
2018 Justice Assistance Grant Program Award # 2018-DJ-BX-0200. All federal financial
and grant management rules and regulations must be adhered to in the execution of
this contract. Exhibit Attachment A is a copy of the federal award documents. All
pg. 3
City of federal Way
1.5 #20-00461
M
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read, understood, and accepted the
Award as binding.
4. The Subrecipient acknowledges that all allocations and use of funds under this
agreement will be in accordance with the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program: FY 2018 Local Solicitation. Allocation and use of grant funding
must be coordinated with the goals and objectives included in the Local Solicitation, All
Subrecipients are assumed to have read, understood, and accepted the Local
Solicitation as binding.
S. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with
the Central Contractor Registration (CCR) database no later than the due date of the
Subrecipient's first quarterly report after a subaward is made.
6. The Subrecipient shall comply with all applicable laws, regulations, and program
guidance. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of
Justice (DOJ) in 2 C.F.R Part 2800 (together, the "Part 200 Uniform Requirements")
apply to this 2017 award from the Office of justice Programs (OJP).
7. The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
a. Non -Federal entities that expend-$750,000 or more in one fiscal year in Federal
awards shall have a single or program -specific audit conducted for that year in
accordance with the Office of Management and Budget (OMB) Circular A-133-
Audits of States, Local Governments, and non -Profit Organizations. Non-federal
entities that spend less than $750,000 a year in federal awards are exempt from
federal audit requirements for that year, except as noted in Circular No. A-133, but
records must be available for review or audit by appropriate officials of the
Federal agency, pass -through entity, and General Accounting Office (GAO).
b. Subrecipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General and the OMB Compliance Supplement. The Subrecipient has
the responsibility of notifying the Washington State Auditor's Office and
requesting an audit.
c. The Subrecipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub -recipients also maintain
auditable records.
d. The Subrecipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included with
the audit report submitted to the Seattle Police Department. The Subrecipient
pg, 4
City of Fcdcral Way
1.5 1/20-00461
91
must respond to requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The City reserves the right
to recover from the Subrecipient all disallowed costs resulting from the audit.
e. If applicable, once any single audit has been completed, the Subrecipient must
send a full copy of the audit to the City and a letter stating there were no findings,
or if there were findings, the letter should provide a list of the findings. The
Subrecipient must send the audit and the letter no later than nine months after the
end of the Subrecipient's fiscal year(s) to:
Faye Landskov, JAG Program Manager
Seattle Police Department
610 St" Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
f. In addition to sending a copy of the audit, the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received. The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments, national evaluation
efforts, or information or data collection requirements, including, but not limited
to, the provision of any information required for assessment or evaluation of
activities within this agreement, and for compliance BJA reporting requirements.
h. Suspension and Debarment: The Subrecipient certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement, the
Subrecipient is providing the signed certification set out below. The certification
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 Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies, including
termination and/or debarment. The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
City of Federal Way
1.5 #20-00461
pg. 5
92
participation in this covered transaction, unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is
as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is
attached to and made part of this agreement.
The work shall, at all times, be subject to the City's general review and approval. The
Subrecipient shall confer with the City periodically during the progress of the Work, and
shall prepare and present such information and materials (e.g. a detailed outline of
completed work) as may be pertinent, necessary, or requested by the City or BJA to
determine the adequacy of the Work or Subrecipient's progress.
ARTICLE V: PAYMENT
1. Cgnp1nsation
The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this
Agreement cannot exceed $41,894,
The Subrecipient shall incur authorized allowable expenses in accordance with the
Project Budget, as detailed in Attachment B.
The Subrecipient may request additional reimbursement up to the amount of interest
accrued on their portion of the grant award. The City will provide quarterly statements
to the Subrecipient, once the interest balance accrued equals at least $1,000.
Reimbursements will not be made for interest accrued that is less than $1,000.
Reimbursements can be requested, up to the total amount of interest accrued, after the
initial quarterly statement has been sent, to perform tasks in accordance with the
Project Budget, as detailed in Attachment B.
No travel or subsistence costs, including lodging and meals, reimbursed with federal
funds may exceed federal maximum rates, which can be found at: http://www.gsa,gov.
2. manmar
The Subrecipient shall submit reimbursement requests not more than monthly, and at
least quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work
was performed. Reimbursement request forms are provided. Substitute forms are
acceptable.
With each reimbursement request, the Subrecipient shall submit:
Detailed spreadsheet of expenditures by task and related financial documents
(timesheets, invoices)
93
These documents and invoices must be kept on file by the Subrecipient and be made
available upon request by the City or to state or federal auditors, for at least six
years after the closure of the grant.
Reimbursement will not be processed without accompanying documentation for the
corresponding costs. Once the above conditions are met, payment shall be made by the
City to the Subrecipient.
Submit invoicing to
Submit Documentation to
Fiscal Accounts Payable
Faye Landskov, JAG Program Manager
Seattle Police Department
Seattle Police Department
610 Sth Avenue
610 Sth Avenue
PO Box 34986
PO Box 34986
Seattle, WA 98124-4986
Seattle, WA 98124-4986
SPDAP@seattle.gov
206-733-9163
WMIRM! NO ut Lim
I. S 1) Res ansibiliiies:
SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the
conduct of Approved Services performed under this Agreement. SPD has the
responsibility to determine whether Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements
and shall monitor the activities of Subrecipient to ensure that Subrecipient has met
such requirements. SPD may require Subrecipient to take corrective action if
deficiencies are found. SPD will not monitor Subrecipient's adherence to Special
Conditions 41-47 in the Grant Award and Special Conditions documents.
2. SubrpdDient �!Ej21 ilities.
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation, funding sources guidelines or by the terms and conditions of the
applicable [Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest
extent possible, the cooperation of its agents, employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD, DOJ, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII: AMENDMENTS
City of Federal Way
1.5 420-OO461
pg. 7
94
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
City of Federal Way
1.5 #20-00461
pg. 8
Ojai