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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. 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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