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06-21-2022 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom June 21, 2022 - 6:30 p.m. The Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person or online here; written comments are accepted here. • Zoom meeting code: 363 503 282 and passcode: 738163 CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Fireworks Reminder for the 41h of July Holiday b. Proclamation: Make Music Federal Way Day— June 21 I WGINI►[aIIll aI4:V_1►1911NXCI161ZF_1110K911T,1VilIll am4:8 N4101:74V • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 7, 2022 Regular and Special Meetings b. 2021 Asphalt Overlay Project Acceptance c. 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid d. 2022 Storm Pipe Repair Project -Reject all bids and Authorization to Rebid e. Arts Commission and Federal Way Performing Arts Foundation MOU f. Internet Crimes Against Children ("ICAC") Interlocal Agreement between the Seattle Police Department and Federal Way Police Department g. Edward Byrne Memorial Justice Assistance Grant (JAG) Program for Fiscal Year (FY) 2021 h. Agreement Between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement 8. PUBLIC HEARING a. Resolution: 2023-28 Transportation Improvement Project (TIP) Staff Report: Rick Perez, City Traffic Engineer Public Comment — 3 minutes each 9. COUNCIL BUSINESS a. Joint Use Operation and Maintenance Facility Site Selection • Staff Report: Desiree Winkler, Deputy Public Works Director 10. ORDINANCES Second Reading/Enactment a. Council Bill #826/ 2021-2022 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20- 903, 21-916, AND 21-924) 11. COUNCIL REPORTS 12. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF �� Federal Way PROCLAMATION "Make Music Federal Way Day" WHEREAS, Make Music Federal Way is a wonderful one -day festival that celebrates the ability of everyone to make music, presented locally by the City of Federal Way, the Federal Way Lions Club, the libraries located at 320th Street and 1st Avenue South, and the Federal Way Arts Commission; and WHEREAS, Make Music Federal Way is a day of music -making in public spaces all throughout the City of Federal Way, all completely free for musicians and audiences alike; and WHEREAS, the fourth annual Make Music Federal Way will be celebrated on Tuesday, June 21, 2022, inspired by local artists, celebrating the joyfulness music brings to our lives; and WHEREAS, Make Music Federal Way joins a national group of "Make Music" cities that includes New York, Los Angeles, Chicago, Detroit, and Philadelphia; and WHEREAS, Make Music Federal Way involves musicians, bands, and ensembles from a diverse array of styles and genres, creating an opportunity to unite through the language of music; and WHEREAS, on June 21, 2022, Make Music Federal Way will celebrate its fourth event as people of all ages, musical genres, and ability levels (from students and amateurs to professionals) gather at the Performing Art and Event Center (PAEC) Plaza from 3:30 pm to 8:00 pm, and throughout the day in the City of Federal Way to engage in music making. NOW THEREFORE, we, the undersigned Mayor and Council of the City of Federal Way, do hereby proclaim June 21, 2022 as "Make Music Federal Way Day", and encourage all citizens of the City of Federal Way to celebrate the joy of making music. SIGNED this 21 st day of June, 2022. FEDERAL WA YMAYOR AND CITY COUNCIL Jim Ferrell, Mayor Susan Honda, Deputy Mayor Erica Norton Councilmember Jack Walsh, Councilmember Linda Kochmar, Council President Lydia Assefa-Dawson, Councilmember Hoang V. Tran, Councilmember Jack Dovey, Councilmember COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the June 7, 2022 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie CourtneX, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the June 7, 2022 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: (11oluTy Committee Council initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers* *remote attendance available via zoom June 7, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:00 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — REPORT ON FORECASTED HOUSING NEEDS Planning Manager Keith Niven provided an overview of the presentation which will be made by Evan Lewis, Associate Planner and Chaney Skadsen, Senior Planner. He noted this is a look at the current housing supply; types of housing, both current and past; and what it costs to own housing in the city. Associate Planner Evan Lewis provided information regarding the types of housing in the last thirty years, and the housing production history from the 1960's to 2010's reflecting both the single-family production and multifamily production. He provided a map with current zoning and noted the location of developable vacant land and lots with the potential to be re -developed. Mr. Evan noted the remaining capacity in single-family zones is 1,793 units, assuming one (1) unit per lot and current minimum lot size per zoning. The future housing target for 2021-2044 is 11,260 housing units. The city is running out of single-family developable land and at some point, a majority of housing in the city will be multi -family. Senior Planner Chaney Skadsen provided information on the cost of housing in the city providing a sampling of homes within the city currently on the market and images to show the appearance of affordable housing. She provided examples of cost -burdened (people who pay more than 30% of their income on housing) and severely cost -burdened (people who pay more than 50% of their income on housing). Federal Way City Council Special Minutes Page 1 of 2 June 7, 2022 Ms. Skadsen noted income disparities in King County with South King County and Federal Way, specifically, having a lower median income than North and East King County. • Federal Way $68,672 • Shoreline $91,524 • Seattle $97,186 Bellevue $129,497 She provided market rate multi -family examples for Studio, 1-bedroom, 2-bedroom, and 3- bedroom examples in Kent, Burien, and Tukwila; along with minimum income for the same size units. Affordability for studio units saw incomes ranging from $58,000 to $104,000 to $150,000 to $306,000 for 3-bedroom units. New housing in the city, both rental and ownership, is expensive and unaffordable to many. Councilmembers thanked Ms. Skadsen, Mr. Lewis and Mr. Niven for the informative presentation. Clarifying questions were asked regarding what percentage of city residents are cost -burdened in the city and if information is available for North Pierce County. Council inquired to capacity and if rezoning is required to hit housing targets; Mr. Niven stated with current zoning city capacity is around 14,000 units which is higher than the targets. Councilmembers also discussed the growing concern with the "missing middle", lack of availability for first-time home buyers, and interest in inter -generational opportunities for families. Questions were also asked about School Impact Fees and if they are hindering development and about demands on other community investments such as parks, utilities, and streets. 4. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) At 5:53 p.m. Mayor Ferrell announced the Council would recess to Executive Session for the purpose of Collective Bargaining pursuant to RCW 42.30.140(4)(b) for approximately twenty minutes. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:18 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 June 7, 2022 CIT .� Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom June 7, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. 10#f4tAr City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT • Active Shooter Preparedness Deputy Chief Kyle Sumpter provided a presentation highlighting the core function of Law Enforcement which is to protect people from violent predators and defined "active shooter event" as ongoing gunfire directed at people. He provided historical examples of responses to active shooting incidents over the years and across the county. He noted the modern police strategy is rapid intervention to contact the shooter and stop the shooting; enable EMS and rescue crews the ability to assist the hurt and wounded; search and secure the facility; and investigate the crime scene. Deputy Chief Sumpter noted unfortunately Washington State Criminal Justice Training Commission requires zero hours of Active Shooter Training for police officers, which leads agencies to provide training themselves. In addition, the Washington State Attorney General's Model Policy for all Washington State Law Enforcement Agencies regarding critical decision making is the opposite of what is needed in an active shooter incident. He noted Washington needs a culture of legal clarity and support for law enforcement in their core function as protectors against violence. The department has a good working relationship with the school district and stated in the year preceding the pandemic, Federal Way Officers went into virtually all schools, all public schools, and larger private school and engaged with their staff on active shooter training. There is regular contact with the school district and there is a school resource office in all Federal Way City Council Regular Minutes Page 1 of 7 June 7, 2022 high schools. Council thanked Deputy Chief for the presentation, asked questions regarding implantation of resource officers in middle schools and or the need for metal detectors in school. The Mayor and Council thanked Deputy Chief Sumpter and the departments for their efforts to protect the citizens and the schools in the city. • Recent Community Events Mayor Ferrell noted the South King County Scholar Athlete Fund Silent Auction and Lunch on May 21 at the Performing Arts and Event Center was successful. He reported on the Multi -Service Center (MSC) 211t Annual Crab Feed & Auction in Renton on Lake Washington on June 4 and Blue Poppy Days on May 21. Deputy Mayor Honda provided more information on Blue Poppy Days which was attended by a record setting number of over 2,000. She thanked the Arts Commission and the Rhododendron Garden for bringing this event back. d PRIDE Flag Displays Mayor Ferrell referenced the PRIDE flag at City Hall and throughout the city which celebrates the month of June as Pride Month. He asked for the Pride Month Proclamation to be moved up the agenda. Proclamation: PRIDE Month — June 2022 Councilmember Norton was pleased to read and present the proclamation to Allison Fine, Vice -Chair Diversity Commission & Founder of FW Pride and her guest, Donte Peoples. Ms. Fine thanked the Mayor and Council for raising the Pride flag for the fourth consecutive year. She founded Federal Way Pride with monthly community events throughout the year. She provided Mr. Peoples background as a Special Olympian and thanked him for attending tonight and being authentic. Mayor Ferrell acknowledged State Senator Claire Wilson in attendance. Juneteenth Events Mayor Ferrell reported on the many community events celebrating Juneteenth including the Flag Raising June 17 at City Hall at noon; Juneteenth at the Federal Way Farmers Market on Saturday, June 18 from 9:00 a.m. to 3:00 p.m.; and the Juneteenth Walk on the BPA Trail, starting and ending at Celebration Park on Monday, June 20 from 10:00 a.m. to 3:00 p.m. Mayor Ferrell asked the Juneteenth Proclamation also be moved up the agenda to coincide with the discussion of upcoming Juneteenth events. Proclamation: Juneteenth — June 19tn Deputy Mayor Honda read and presented the proclamation Chair of the Diversity Commission Trenise Rogers and Federal Way Black Collective Representative Evan Cook. Ms. Rogers accepted and thanked the Mayor and Council for recognizing liberation Federal Way City Council Regular Minutes Page 2 of 7 June 7, 2022 of enslaved African Americans in Galveston, Texas on June 19, 1865, two -years after the Emancipation Proclamation was issued by then President Abraham Lincoln. Ms. Rogers also noted the many contributions of former slave John Conna in this community, and area, and looks forward to a community effort to recognize his efforts. Shopping Cart Program Report Community Development Department Director Brian Davis provided information on the city's shopping cart recovery program which began in 2018 and includes gathering abandoned carts along the rights -of -way, City -owned properties and private properties, with property owner consent. The carts are taken to a recovery location and the store management is contacted. Retailers may claim the carts for a $25 fee, which is used to offset the cost of the program including staff time. Carts that remain unclaimed are disposed of, after a waiting period. Mr. Davis then answered multiple questions raised at the Land Use and Transportation Council Committee in May 2022 on this subject. Questions included potentially requiring the retailers to enact security measures on carts, a comparison of shopping cart programs and fees in other cities in the region, and if the carts can be returned to the stores without a fee. In response to the question if the city can make it illegal for carts to leave the property, Mr. Davis noted, based on attempts by the Police, the stores prefer to take the loss of the cart than press charges, which makes prosecution difficult. Council thanked Mr. Davis for the report and asked clarifying questions and shared stories of personal experience of witnessing widespread retail theft in the city. Mayor Ferrell asked to take the final proclamation on the agenda, at this time. Proclamation: National Gun Violence Awareness Day — June 31 Councilmember Tran read and presented the proclamation to Federal Way resident Betty Taylor and her family. The Taylor family lost Ezra Taylor, 26, who was killed by gun violence in September 2021, as a bystander in Des Moines. Ms. Taylor and her daughter Selena thanked the Mayor and Council for acknowledging Gun Violence Awareness Day and provided insight into Erza's life and how they are now honoring him and empowering the community. 4. PUBLIC COMMENT Alexandre Milsten, resident of Federal Way, stated the benefits that mixed use zoning could have for Federal Way. Ken Blevens spoke regarding the City's Shopping Cart Program stating that stolen carts litter Federal Way and that the current program victimizes retailers. Geoffrey P. Tancredi shared a recent experience at Target where he witnessed theft taking place. He also thanked the police for helping to keep bus stops clear for those utilizing public transportation. He suggested use of a trolley car to and from the Light Rail station and up South 320th Street; he also requested an update on a joint meeting with the city and the Federal Way Federal Way City Council Regular Minutes Page 3 of 7 June 7, 2022 School District. Deputy Mayor Honda stated she is hopeful a joint meeting in some form will happen before the end of the year. Kevin Morris thanked Deputy Chief Sumpter for the earlier presentation and wanted it publicly known that he is requesting records from the school district specifically addressing FWPS safety security and the administration of discipline. He also noted his concern for his 7th grade son. Nancy Justice lamented the normalcy of seeing addicts pushing carts around the city and feels more should be done. She would like the cart program modified to not victimize the retailers who are also losing theft of merchandise at alarming rates. Lamont Styles provided insight on the presentations provided in the meeting including housing options in the city. He feels concerned active shooter drills are now the normal in schools, which used to be tornado drills and would like to see more action and partnering within the community for youth services and programs. Cynthia Ricks-Maccotan, a Federal Way resident, shared a King County study regarding firearm safety and a report that firearms are the leading cause of deaths by suicide in youth. She also noted statistics increase for male youth; members of the BIPOC community; or living in Seattle or South King County. She asked everyone to lock up their firearms. Anna Patrick also supports the "lock it up" campaign. She shared her concerns regarding youth this upcoming summer and her desire to see more safe spaces and programs for youth. She is also supportive of a joint city and school district meeting and community discussion. Written comment received from Sabrina Ettinger was forwarded prior to the meeting to the Mayor and City Council; written comments are also uploaded to the city website. 5. PRESENTATIONS a. Proclamation: National Gun Violence Awareness Day/June 31-this item was taken earlier in the meeting b. Proclamation: Juneteenth/June 19th-this item was taken earlier in the meeting c. Proclamation: PRIDE Month/June 2022 - this item was taken earlier in the meeting d. Waste Management Annual Report Waste Management Public Sector Manager Han Kirkland reviewed their annual report and shared the company's 2021 successes in Federal Way including the Green4Good Community Grants, "Go Paperless" Campaign, and their support of sustainability efforts. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Walsh reported the next committee meeting is scheduled for June 14. Land Use/Transportation Committee (LUTC): Chair Dovey noted the committee meeting action taken at the last meeting will come to the Council June 21 agenda for final action. He Federal Way City Council Regular Minutes Page 4 of 7 June 7, 2022 anticipates the next committee meeting will include discussions related to development impact fees. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported the items from their May 24 committee meeting are included on this agenda; he highlighted Consent Agenda Item f which is adding a budget neutral position. The next FEDRAC meeting will be held June 28. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson Lydia noted they have a balanced committee and looks forward to their meeting on June 8. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda shared she will be attending the AWC Conference in Vancouver, Washington along with Council President Kochmar and Councilmember Assefa-Dawson. She plans to attend the AWC Large City Meeting tomorrow night and the PIC Meeting via Zoom. She is pleased the Joint Use Operation and Maintenance Facility Site Selection item was moved to Council Business (on the June 21 Council agenda); she does not support this facility on park property and believes more public comment should be heard. Council President Report: Council President Kochmar reported on attending a meeting on Middle -Housing with Councilmembers Assefa-Dawson and Councilmember Walsh. She noted the take -away was the need for diversity in housing options. She thanked Historical Society member Diana Noble-Gulliford for bringing the recognition of John Conna forward. 7. CONSENT AGENDA a. Minutes: May 17, 2022 Regular and Special Meeting Minutes b. Monthly Financial Report — April 2022 c. A/P Vouchers 04/16/2022 — 05/15/2022 & Payroll Vouchers 04/01/2022 — 04/30/2022 d. Memorandum of Understanding (MOU) with Federal Way Public Schools for Saghalie Track Replacement e. Saghalie Track Replacement Proposal Acceptance f. Authorization to add one (1) Senior Traffic Reviewer Position COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 8. ORDINANCES First Reading a. Council Bill #826/ 2021-2022 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2021-2022 BIENNIAL BUDGET. (AMENDING ORDINANCE NO. 20- 903, 21-916, AND 21-924) Finance Director Steve Groom provided three reasons a budget amendment is necessary: Federal Way City Council Regular Minutes Page 5 of 7 June 7, 2022 • Council -approved contracts or projects; • New grants or revenues, including ARPA funding; and • Allocating 2021 budgeted items which will be paid in 2022. He noted this is a housekeeping opportunity to circle back and include these types of items, which occur throughout the year, into the adopted budget. Mr. Groom noted staff recommendation is approval of the ordinance updating 2022 budget with current information. Public Comment — no public comment was received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 21, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes Second Reading/Enactment b. Council Bill #824/ Sidewalk Repair, Construction, and/or Reconstruction and Assessments/APPROVED ORDINANCE NO. 22-934 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, MODIFYING THE CITY'S SIDEWALK CODE TO PROVIDE PROCESSES FOR SIDEWALK REPAIR, RECONSTRUCTION, AND/OR CONSTRUCTION; ADDING NEW SECTION FWRC 4.40.025 TO CHAPTER 4.40. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 21, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Council Bill #825/Amendment to New Cinqutar Wireless PCS, LLC Franchise Ordinance/APPROVED ORDINANCE NO. 22-935 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE AMENDMENT TO OCCUPY RIGHTS - OF -WAY OF THE CITY OF FEDERAL WAY REMOVING TWO SITES AND ADDING ONE NEW SITE TO THE LIST OF AUTHORIZED SITES. (AMENDING ORDINANCE NO. 16-818) City Clerk Stephanie Courtney read the ordinance title into the record. Councilmember Dovey noted he would again be recusing himself from this vote. Federal Way City Council Regular Minutes Page 6 of 7 June 7, 2022 COUNCILMEMBER WALSH MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 21, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER NORTON. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 9. COUNCIL REPORTS Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey recused Councilmember Assefa-Dawson reported on attending Monday night's LUTC meeting remotely. Councilmember Norton thanked the community members who are working with her and the City to support underserved senior citizens and youth. She noted that Park 16 is putting on a community safety event on June 26. Councilmember Tran had no report. Councilmember Walsh had no report. Councilmember Dovey shared, in response to a discussion with State Representative Taylor and State Senator Wilson at the last meeting with the FW Black Collective, he asked for information to clarify where ARPA funds have been allocated to Federal Way organizations directly from the state. Deputy Mayor Honda congratulated the 2022 high school graduates. The Federal Way Soroptimist Club is hosting a 35th annual Flag Day celebration at the farmers market. She gave an account about a recent building fire she witnessed and thanked the emergency responders. Council President Kochmar thanked our police officers on behalf of our citizens. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:04 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 June 7, 2022 at COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2021 ASPHALT OVERLAY PROJECT — FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2021 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: June 6, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY John Cole, Capital )tin .ineel. DEPT: Public Works .......... Attachments: 1. Staff Report 2. Memorandum to the Land Use and Transportation Committee dated June 6, 2022. Options Considered: 1. Accept the 2021 Asphalt Overlay Project as constructed by Tucci and Sons, Inc. as complete. 2. Do not accept the 2021 Asphalt Overlay Project as constructed by Tucci and Sons, Inc. as complete. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 21, 2022 City Council consent agenda for appro_yA. _ MAYOR APPROVAL: ( g� DIRECTOR APPROVAL: i I1 IZz omn ec O&CiI InitiaMate lnitiallRate InitiallIlnlc COMMITTEE RECOMMENDATION: I move to forward Option I to the .Tune 21, 2022 consent agenda for approval. ittee Chair Ja& Walsh. Committee keIrlber Roan Tran, Committee Member PIiQi'OSEDC011NCIL MOTION: "I "V` to accept the 2021 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director4l/t— John Cole, Capital Engineer / Z�/' SUBJECT: 2021 Asphalt Overlay Project — Final Acceptance Financial Impacts: Construction of the 2021 Asphalt Overlay Project is complete and there are no additional contract expenditures anticipated. Ongoing costs associated with operations and maintenance will be performed and funded through Streets Maintenance which is reviewed and adjusted as required during the budget process. Background Information: This project included asphalt overlays on S 312th St, Marine Hills neighborhood, Marine View neighborhood, and 391h Ave S areas_ This work also involved ADA improvements for associated sidewalks. The City Council approved the award of this contract to Tucci and Sons, Inc. on February 16, 2021, and authorized a maximum contract amount of $1,643,093.70. An additional $20,000 was approved by Council on February 15, 2022, for an updated maximum contract amount of $1,663,093.70. Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet the requirergents of the State Departments of Revenue, Employment Security, and Labor & Industries. The 2021 Asphalt Overlay Project, constructed by Tucci and Sons, Inc. is complete. The final construction contract amount is $1,656,109.95. This is $6,983.75 below the authorized maximum contract amount. Rev. 6/2020 7c COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023 ASPHALT OVERLAY PROGRAM PRELIMINARY PROJECT LIST AND AUTHORIZATION TO BID POLICY QUESTION: Should Council approve the 2023 Asphalt Overlay Program Preliminary Project List and authorize staff to proceed with the bidding of the proposed 2023 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 6, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Capital Engineer ,� DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated June 6, 2022. Options Considered: 1. Approve the preliminary list of streets for the 2023 Asphalt Overlay Project as presented and authorize staff to bid the 2023 Asphalt Overlay Project and return to the LUTC and Council to award the project to the lowest responsive, responsible bidder. 2. Do not approve the preliminary list of streets. Do not authorize staff to bid the 2023 Asphalt Overlay project. Provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 21, 2022 City Council consent agenda for approve. -OML _ MAYOR APPROVAL: InitiaUDate RECTOR APPROVAL: WL InitiaUDate COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option I to the June 21, 2022, City Council consent agenda for approval. tree Chair Jack Walsh, Committee Member Hoang Tran, C'0"mKh iltee Member MOPOSED COUNCIL MOTION: "I move to approve the preliminary list of streets for the 2023 Asphalt Overlay Project as presented and authorize staff to bid the 2023 Asphalt Overlay Project and return to the LUTC and Council for bid award authorization. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor ��/�� FROM: EJ Walsh, Public Works Directot.44 John Cole, Capital Engineer.:` SUBJECT: 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Financial Impacts: The cost to the City for the 2023 Asphalt Overlay Program will be included within the approved budget under the Public Works Department, Fund 102. In accordance with the anticipated approved budget, this item is funded by Real Estate Excise Tax (REET), Motor Vehicle Excise tax (MVET), a SWM Transfer, an anticipated carry forward from the 2022 Overlay, and Solid Waste Utility tax revenues. Upon completion of the project, ongoing costs associated with operations & maintenance will be performed and funded through streets maintenance. Funding requirements for operations & maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Public Works staff has developed the following list of recommended streets for the 2023 Asphalt Overlay Program. This list was developed using the City's Pavement Management System and verified by field reconnaissance. The costs shown are estimates and will be refined as the design of each schedule is completed. The Residential and Arterial Program Solid Waste Utility Tax is one of the primary funding sources for this program. This funding is required to be spent on street preservation with a minimum of 70% of the revenue dedicated to residential streets. This list of recommended streets has been prepared in accordance with this requirement. Once Council approves the list of streets for the 2023 Overlay Program, staff will begin the final design. The anticipated date for advertising is January 2023, with construction beginning in April 2023. A project vicinity map and detailed area maps for each proposed Overlay schedule are attached. SCHEDULE DESCRIPTION ESTIMATED AMOUNT Arterial Program A SW 312 St (8' Ave SW to l" Ave S) $707,000 B SW 308d' St (6" PI SW to 2nd Ave S) $425,000 C SW 308' St (SW Dash Pt. to SW 31 Ph Ct) $343,000 Residential Program D 1 47' PI SW (Dumas Bay Estates) $431,000 Rev 6/2020 June 6, 2022 Land Use and Transportation Committee 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 2 E SW 309' St (Bayview) $314,000 F I I' Ave S (Nautilus Elem School Area) $507,000 G 25' Dr S (Redondo Crest) $371,000 Arterial Program H S 304' St (Pac Hwy to Military) $867,000 Estimated Construction Cost $3,965,000 . Financial Summary: Estimated Expenditures Estimated Construction Cost $3,965,000 Construction Contin enc (+/- 5% $ 200,000 In-house Design +/- 5%) $ 200,000 Construction Management and Inspection +/- 10% $ 400,000 Estimated Total Cost $4,765,000 Available Funding Arterial Program REET and MVET (Fund 102) $1,456,000 Transfer to Military Road Preservation Project Fund 102) -$ 600,000 Transfer to S 348' Preservation project (Fund 102) -$ 150,000 Residential and Arterial Program 70/30 Solid Waste Utility Tax $2,000,000 SWM Transfer $50,000 Carry Forward from 2022 Overlay (Estimated) $ 500,000 Total Funding Available $3,256,000 The estimated total cost is a preliminary figure used for estimating purposes only and will be further refined during the design and bidding process. It is anticipated that the 2023 Asphalt Overlay Project will be awarded within the available overlay program budget. If required based on bids received, schedules will be modified or removed to accommodate the budget while maintaining the necessary arterial/residential split as identified above. Map Date: April 2022 F I W 2023 Asphalt Overlay Schedule City of Federal Way, GIS Division 33325 8th Ave S o e era a y Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com a / 268 sr 00 WI j Ire >a 0 s269 , J A Star Lakeo CARNABYST ct Stat on a STS270 /Kent Q S 2 OS U tis S 268 PL M ¢ rn > Elem. 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M <^i M > 1ST CT NE C>I m0 O THE •Q CYPRESS `S Z344.. wS y V 3S2 ST w •t�(/� = vIR m U JS 382 ST S 382 ST nn '�� w U Vi •� N CT BCC F > to > > � N N N Q to LL ti > BALSA h yANT > ¢ > ¢ F > > to > ..—..—..—....—..J C'TT CmT V. / Kin County �� CT AL N ~ N > > N N " ! / 1 '`'I `• ' King County a D m n BIRCH ST County r E w F- BI CH ST 1ST ST CT E Pierce County ^ E U W m m 1 1ST CT E i < g1RC 1 I i•' 1 > r ST BIRCH ST CH a a Legend w > ¢ ■ ^�• Paved Trails Private Street Scale: King 'ti Freeway Ramp King County Boundary CITY OF 0 0.25 0.5 1 Count 1.Divided Freeway �..� City Limits �. Federal Way N }' ®_ �''` Arterial Street ,, Centered on Opportunit, M i I e ,� Collector Street > R:\erike\PW\Streets\Projects\Overlay\20230verlay\Maps\2023_Overlay_Full_Map_V2.mxd Local Street This map is accompanied by NO warranties, and is simply a graphic representation. June 6, 2022 Land Use and Transportation Committee 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 4 2023 Federal Way Overlay - Schedule A % w - ,A- i SWI308 ST a r 2 Y s � atr •' j � i � ; ai��rtila■ y A a t0 I 7 ff1f� it S Si I to r tilstfti�l y �41 - - ie SW 312 STD P SW 312 r �!t'i'()r �� Lake SW 31TST� Fnmch Lake A Park s� SW31figT Map Dale: 1012021. This map Is accompanied by NO warranties. 2 0 250 500 Fast J The streets that comprise this schedule we uMsd to change. 2023 Federal Way Overlay - Schedule B 1 to SW °304`°ST - a 304 a 5ST SOT- 1 i 'i y 307 Q ; SSTPC ;v a Q 4 a • q \V W1308 ST O all U) y a S ST A ' 3pC3 • i SW 312 ST Map Date: 1012021. This map Is accompanied by NO warranties. a 0 250 500 Feel The streets that comprise this schedule are subject to change. . r June 6, 2022 Land Use and Transportation Committee 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 5 2023 Federal Way Overlay - Schedule C SW 304 PL SW `S�'305 PL 305 S� 5kP306 ST S �307 Q Q 1- n ST 00 c0 SW . SW 308 ST ST c SW U) U) � 309 > > > > a 10 ST PL Q Q Lake Q Q SW cGrove °0 t� cfl Park 310 ST SW Map Dale: 1012021 This map is accompanied by NO warranties 0 _ 200 460 FeetT The streets that comprise this schedule are subject to change 2023 Federal Way Overlay - Schedule D Palisades J 312 PL Park � � J C. dt t~ 313 PL _SW 314 PL SW ?I J _J 00 ti CIO Q Map Dale: 04/2022 This map is accompanied by NO warranties „ 140 280 Feet The streets that comprise this schedule are subject to change t June 6, 2022 Land Use and Transportation Committee 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 6 2023 Federal Wav Overlav - Schedule E O9 CO 077, V nV �i Map Date: 10/2021 This map is accompanied by NO warranties. The streets that comprise this schedule are subject to change. 2023 Federal a e 250 i - Schedule F P 0 C �� 1 CO d CID , �$p� 00 1> cn S289 19T �. 5 2$8 s S 9,7 5 29 T 5T C tS3 �f � c1� zn CID -,A C 7oD � r U) Map Dale: 102021. This map Is accompanled by NO warranties. The streets that comprise this schedule are subject to charge. 7� 0 250 sop root June 6, 2022 Land Use and Transportation Committee 2023 Asphalt Overlay Program Preliminary Project List and Authorization to Bid Page 7 2023 Federal Way Overlay - Schedule G 0 6� S 2� S� r' cl Map Date: 0412022. This map is accompanied by NO warranties. 0 R 190 300 Feel The streets that comprise this schedule are subject to change. x r� v r 2023 Federal Way Overlay - Schedule H_ g yn! 6 S'1g�3F $ �' va 2981PIL, 93Dp9T t .,rvi S2j� V, .tS 39T 8Y a "•« c c ` y3_a��+.•rf r17 302•PE . .a., t ST � 5 304 ST S 303 PLP ,Steel N N Like r . lip 0 (M J.r S • & Z I9+ • • > Stwl Lake Park . _ t 7 G a' Map Datn 40/2021. This map mpenmd t:y NO warrmities, w 0 445 890 Feet The siteels Drat comprise thle �: nn.l�ile are .utyad to rhanya re, COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 STORM PIPE REPAIR PROJECT - REJECTION OF BIDS AND AUTHORIZATION TO REBID POLICY QUESTION: Should City Council reject all bids for the 2022 Storm Pipe Repair Project and authorize staff to rebid this project? COMMITTEE: Land Use and Transportation MEETING DATE: June 6, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Capital Engineer 0571— DEPT: Public Works Attachments: 1. Memorandum dated June 6, 2022. 2. Bid Tabulation Options Considered: 1. Reject all bids for the 2022 Storm Pipe Repair Project and authorize staff to rebid the project and return to Council for further action 2. Do not reject all bids for the 2022 Storm Pipe Repair Protect and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 21, 2022, City Council consent agenda for approval. _ _ _ MAYOR APPROVAL: V % �.J, DIRECTOR APPROVAL: W, f rL- • cc r t C ncil lniti KIate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the June 21, 2022 consent agenda for approval. 1�4� - ulmittee Chair Aaa Wash. Committee Member Haane Tran. ommittee Member PROPOSED COUNCIL MOTION: "I mbY6 to authorize staff to reject all bids for the 2022 Storm Pipe Repair Project and authorize staff to rebid the project and return to L UTC and Council for bid award authorization. " (BELOW TO BE COMPLETED BY CITY CLERKTS OFHC'E) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PW Director John Cole, Capital Engineers = f SUBJECT: 2022 Storm Pipe Repair Project— Rejection of Bids and Authorization to Rebid Financial Impacts: The cost to the City for the 2022 Storm Pipe Repair Project was included within the approved budget under Fund 304, Project 288 Annual Program. Upon completion of the 2022 Storm Pipe Repair Project, ongoing costs associated with operations & maintenance of infrastructure will be performed and funded through Surface Water Maintenance which is reviewed and adjusted as required during the budget process. Hack2round Information: One bid was received and opened on May 27, 2022 for the 2022 Storm Pipe Repair Project. Please see attached Bid Tabulation Summary. The bidder was HCON Inc. with a bid of $498,880.00. Financial Summa Estimated Expenditures Design Construction Contract Contingency (+/- 10%) Construction Management & Inspection (+/- 15%) TOTAL PROJECT COSTS Available Funding Fund 304 — CIP User Fees Transfer from Fund 304 Unallocated Transfer from Project 34111 - Small CIP TOTAL PROJECT FUNDS $75,000 $498,880 $50,000 $75,000 $698,880 $280,000 $ 63,000 $100,000 $443,000 Awarding the project to the sole bidder would result in project expenditures $255,880 over the available budget. Therefore, staff is recommending that all bids be rejected, value engineering be completed, and the project be re -bid. The in-house, streamlined value engineering process will help to identify any possible means of modifying the project design and/or reducing project costs so that it is within the available budget when it is rebid. Rev 6/2020 W 7e COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION AND FEDERAL WAY PERFORMING ARTS FOUNDATION MOU POLICY QUESTION: Should the City Council approve an MOU between the Arts Commission and the Federal Way Performing Arts Foundation regarding funding to support the Arts Explosion event planned for June 2023? COMMITTEE: PRHSPS MEETING DATE: June 14, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Mana eg r DEPT: Parks Attachments: 1. Staff Report 2. MOU Options Considered: 1. Approve the proposed Arts Commission MOU. 2. Do not approve proposed Arts Commission MOU and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: CJ '' DIRECTOR APPROVAL: Com iitt Cuu it lniEistll7ate fnilinilDn[e [nitialll]ata COMMITTEE RECOMMENDATION: I move to forward the proposed Arts Commission MOU to the June 21, 2022, consent agenda for approval. COUNCIL MOTION: "I move approval of the proposed ArtS Commission MUU. -- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 6/14/2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission — Arts Explosion MOU Financial Impacts: $3,000 of the 2023 Arts Commission budget will be set aside as a contingency for any cost overruns not able to be covered by funds raised through grants or sponsorships obtained for this event. Any contingency funds not used for the Arts Explosion event will be re -allocated to an approved workplan expense (most likely a traffic graphic project). Background Information: At the December 2, 2021, Arts Commission meeting the current Arts Commission reviewed and voted on a workplan for 2022, that included the Arts Explosion event at the Performing Arts and Events Center (PAEC). The Arts Explosion is a multi -faceted arts event that will include local artists, and offer a free art event to the Federal Way community through performance and visual mediums. The event is currently scheduled to take place at the PAEC on June 2-4, 2023. The Arts Commission does not currently have the funding to support the event in full in its budget. To forge a path to fund the Arts Explosion event, the Arts Commission has been working with the Federal Way Performing Arts Foundation (Foundation) for an MOU to create a funding solution. An MOU between the Arts Commission and the Foundation to work together to obtain funding for the event will allow more grant opportunities through the Foundation's 501(c)(3) status. Among the items included in the MOU are funding deadlines and roles and responsibly of each party regarding the event. Because the envisioned budget for the Arts Explosion event is in excess of $20,000 and the MOU will be involving the funds for the event, the Arts Commission is bringing the MOU to the Council for its review and approval. Rev. 7/18 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FEDERAL WAY ARTS COMMISSION AND FEDERAL WAY PERFORMING ARTS FOUNDATION THIS MEMORANDUM OF UNDERSTANDING (" MOU") is made this day of 2022, by and between the undersigned representatives of the Federal Way Performing Arts Foundation ("Foundation"), a Washington State non-profit corporation, and the City of Federal Way Arts Commission ("Commission"). The parties have met several times to clarify the responsibilities detailed in this agreement that each party will assume toward the "Arts Explosion" ("AE") exhibition planned for June 2-4, 2023, at the Federal Way Performing Arts and Event Center ("PAEC"). Parties agree: (a) The Commission has set the following fundraising milestones which, if not met, the Foundation reserves the right to terminate this MOU: 1. Total $10,000 AE funds committed by Nov 30, 2022. 2. Total $20,000 AE funds committed by Jan 30, 2023. (b) All marketing, advertising, program and sponsorship materials will feature both the Foundation and Commission logos and names, and listed as `Brought to you by:" (c) Responsibilities of the Foundation: 1. All sponsorships and grant revenues from city, county, state, federal and private grants will be made payable to the Foundation. The Foundation will sign and submit all grant applications and receive all sponsor and grant funds. The Foundation will account for AE funds received as restricted and separate from other Foundation funds and will report funds received to the Commission regularly. 2. The Foundation will pay for event -related expenses up to the amount of event sponsorship and grant event revenues collected, upon presentation of either an invoice or request for reimbursement with original receipts, no later than 30 days after the event. Event -related expenses include, but not limited to, the PAEC rental contract, marketing activities, program printing, display equipment and materials, and artist prize monies. The Foundation will in no way be responsible for any expenses beyond any grants and sponsorships received. 3. Any surplus revenues received by the Foundation that are not used to cover the event -related expenses in #2 above will be held by the Foundation in reserve for future AE events for up to five years. If at the end of five years from the date of this event the surplus funds have not been used, they will be considered unrestricted funds for the use of the Foundation's mission. (d) Responsibilities of the Commission: 1. The Commission will be responsible for any AE expenses that exceed revenues collected by the Foundation. The Commission intends to have $3,000 contingency amount of budget funds reserved in the case of any cost over -runs. 2. The Commission will receive revenues from Artist fees for participation in the AE event and Artist sales during the AE event. 3. Preparing all grant applications for the Foundation's signature and completing all required follow-up grant reporting for the Foundation's submittal, with input from the Foundation. 4. Soliciting Sponsors. 5. Soliciting Artists. 6. Obtaining the rental contract and managing all interactions with the FW PAEC, including insurance. 7. Conducting Marketing / Advertising for the AE event. 8. Event Operations, including: • Interfacing with Artists, hanging of artwork, and conducting set-up & take -down. • Jury the artists, select Judges. Page 1 12 • Balloting by judges, Mayor & City Council, public. • Friday red -carpet event. • Program, Displays, Prizes. (e) Staffing for the event will be provided by the Arts Commissioners, volunteers, and City staff at no charge to the event, as well as contracted PAEC employees. Foundation board members will not be required to be present at the event but are welcomed to participate and volunteer to staff the event. This Memorandum of Understanding constitutes the entire agreement between the above -named parties. No waiver, change, modification or termination of this Agreement is valid or binding unless agreed to in writing and signed by both parties. IN WITNESS, the Parties execute this Memorandum of Understanding below, effective the last date written below. CITY OF FEDERAL WAY ARTS COMMISSION LE Vickie Chynoweth, Chair Date: FEDERAL WAY PERFORMING ARTS FOUNDATION By: Mary Gates, President Date: Page 2 12 7f COUNCIL MEETING DATE: June 21, 2022 ITEM.#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERNET CRIMES AGAINST CHILDREN ("ICAO") INTERLOCAL AGREEMENT BETWEEN THE SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department agree to an ICAC Task Force Interlocal Agreement with the Seattle Police Department? COMMITTEE: PRHS&PSC MEETING DATE: June 14, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CY[ IQ + N e0 DEPT. N Attachments: 1. Staff Report 2. ICAC Task Force Agreement 3. ICAC Task Force Program Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the May 17, 2022, consent agenda for approval. " Ekft�" q,4 Committee Member Committee P POSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Chief of Police 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 # CITY OF FEDERAL WAY MEMORANDUM DATE: June 14, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Internet Crimes Against Children (ICAC) Task Force Interlocal Agreement Financial Impacts: There is no cost to the Federal Way Police Department (FWPD) to be part of this Internet Crimes Against Children (ICAC) Task Force and Interlocal Agreement. Background Information: The FWPD is part of the regional Internet Crimes Against Children (ICAC) Task Force and as such investigates crimes involving sensitive materials. This Task Force is maintained by an Interlocal Agreement, for which the Seattle Police Department is the lead agency. This interlocal agreement between FWPD and the Seattle Police Department continues the FWPD's participation in the ICAC Task Force, and allows FWPD to receive training, equipment, and assistance to conduct investigations under its jurisdiction. Rev. 7/18 f SEATTLE EST D 1869 POLICE INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE ACTING THROUGH THE CITY OF SEATTLE POLICE DEPARTMENT AND FEDERAL WAY POLICE DEPARTMENT This Interagency Agreement is entered into by and between the Washington State Internet Crimes against Children Task Force (WA ICAC TF), acting through the City of Seattle Police Department and FEDERAL WAY POLICE DEPARTMENT (Affiliate Agency) acting through its duly authorized representative. WHEREAS, The United States Department of Justice (DOJ) Office of Juvenile Justice and Delinquency Prevention (OJJDP) have created the Internet Crimes Against Children (ICAC) Task Force Program, which is a national network of state and local law enforcement cybercrime units. The mission of the national ICAC Task Force Program is to assist state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and Internet crimes against children. This assistance encompasses forensic and investigative components, training and technical assistance, victim services, prevention and community education. Due in large part to the technological aspects of these cases, the ICAC Task Force Program promotes a multi -jurisdictional, multi -agency, team approach to investigating and prosecuting ICAC cases; and WHEREAS, the ICAC Task Force Program is a national network of 61 coordinated task forces representing more than 3,500 federal, state, and local law enforcement and prosecutorial agencies with each task force having an agency designated by the OJJDP as the "Lead Agency" which is the law enforcement agency that is awarded federal funding to serve as the "Lead" "Agency" for the corresponding Task Force. WHEREAS, the SPD has been designated by the OJJDP as the "Lead Agency" to oversee the multi -jurisdictional Washington State Internet Crimes Against Children Task Force (WA ICAC TF) intended to combat crimes related to the sexual exploitation, enticement and victimization of children through the Internet, online communication systems, telecommunications technology and other computer technology; and Page 1 of 7 WHEREAS, the SPD is the recipient of a Federal grant through the OJJDP to assist in the investigation and prosecution of Internet crimes against children; and WHEREAS, the SPD will assist law enforcement agencies in Washington State to increase their computer forensic capabilities and receive appropriate training to investigate Internet related cases; and WHEREAS, agencies that agree to work with the SPD as the "Lead Agency" shall be identified in the program as an "Affiliate" or "Affiliate Agency' will execute this signed agreement under the authorization of the proper authority of said agency following all of the terms, conditions and tenets contained herein. NOW THEREFORE, the parties hereto agree as follows: This Interagency Agreement contains thirteen (13) Articles. ARTICLE I TERM OF AGREEMENT Affiliate Agencies may withdraw from this Interagency Agreement and new Affiliate Agencies may be added by executing an Interagency Agreement with the SPD in substantially the same form as this Interagency Agreement. The term of this Interagency Agreement shall be in effect until terminated pursuant to the provisions hereof. Either agency may cancel this agreement with (30) thirty days of written notification to the other agency. Said notification must be provided from the appropriate authorized authority within that agency. Upon receipt of the written notification the SPD will permanently remove the agency from Affiliate Agency status with the ICAC Program. ARTICLE II OPERATIONAL STANDARDS Affiliate Agencies agree to adhere to the ICAC Task Force Program Operational and Investigative Standards, attached to and made part of this Agreement, as Attachment A. The undersigned law enforcement agency agrees to investigate ICAC cases within their jurisdiction and assist other jurisdictions to investigate these cases. Affiliate Agencies agree to participate on the Washington Internet Crimes Against Children Task Force that is overseen by the SPD. Affiliate Agencies agree to use only sworn law enforcement investigators to conduct ICAC investigations. Each investigator involved with undercover operations must receive ICAC Program training prior to initiating proactive investigations and shall submit reports of all undercover activity to the SPD ICAC. Affiliate Agencies agree to conduct reactive investigations where subjects are associated within the Affiliate Agencies jurisdiction, including investigations of child pornography, Cybertip (CT) referrals from the National Center for Missing and Exploited Children (NCMEC), Internet Service Provider (ISP) and law enforcement referrals, and other ICAC- related investigations. Additional case initiations may develop from subject interviews, Page 2 of 7 documented public sources, direct observations of suspicious behavior, public complaints, etc. Affiliate Agencies agree to record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file, reviewed and authorized by the ICAC Unit Commander, or equivalent, for that agency. Affiliate Agencies agree to provide the SPD with access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. Affiliate Agencies agree to locate its ICAC investigators in secured space, to be provided by the Affiliate Agency, with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of each Affiliate Agencies ICAC personnel, with restricted access to authorized personnel. Affiliate Agencies agree to conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the WA ICAC TF, its Affiliate Agencies or the national ICAC Program. Affiliate Agencies agree to be responsible for proper maintenance and use of any equipment purchased with OJJDP Grant funds and loaned to an Affiliate Agency by the SPD. Upon termination of this Interagency Agreement, ownership of equipment, hardware, and other non -expendable items will revert to the SPD. Affiliate Agencies agree to utilize applicable State and Federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate. Affiliate Agencies shall maintain accurate records pertaining to prevention, education and enforcement activities, to be collected and forwarded not less than monthly to the SPD ICAC Commander, Seattle Police Department, PO Box 34986, Seattle, WA 98124-4986, or in the ICAC Data System (www.icacdatasystem.com) for national statistical reporting purposes. Affiliate agencies are encouraged to forward all significant cases and/or press releases to SPD ICAC (s d wa icac seattle. ov] for inclusion in reports to national ICAC program. ARTICLE III SUPERVISION Each Affiliate Agency will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to assist the WA ICAC TF. WA ICAC TF investigations are a cooperative effort and investigative decisions will be a joint process guided by the WA ICAC TF standards. Page 3 of 7 ARTICLE IV JURISDICTION The principal sites of WA ICAC TF activities will be in the respective jurisdictional area of each Affiliate Agency. Nothing in this agreement shall otherwise limit or enhance the jurisdiction and powers normally possessed by an Affiliate Agency's employee(s) as a member of the WA ICAC TF. Affiliate Agencies may on occasion be referred investigations that are outside of the physical boundaries of their respective municipalities due to specific needs, capabilities or expertise as identified by the WA ICAC TF Lead Agency. Affiliate Agencies agree to take these referrals and conduct appropriate investigations in conformance with the ICAC Operational Standards, investigative or operational training, and their agency policing policies. ARTICLE V EVIDENCE Seized evidence and any other related forfeiture will be handled in a manner consistent with the seizing law enforcement agency's policies. ARTICLE VI INSURANCE AND LIABILITY Each Affiliate Agency shall maintain sufficient insurance coverage or a fully funded self- insurance program, approved by the State of Washington, for the protection and handling of the liabilities including injuries to persons and damage to property. Each Affiliate Agency agrees to maintain, at its own expense, insurance or self-insurance coverage for all of its liability exposures for this Agreement and agrees to provide the City of Seattle with at least 30 days prior written notice of any material change in the Affiliate Agency's liability coverage. ARTICLE VII REPORTING STANDARDS Using a process provided by the SPD, each Affiliate Agency shall submit monthly statistics to the SPD on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th day of each successive month that the statistics were acquired and shall include data on all related investigations opened or closed during the month in all of the categories as designated on the provided form. In addition, a breakdown or summary of basic case data shall be included for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by an Affiliate Agency along with references to any local media reporting on the investigation. The SPD will be responsible for all required reporting to the OJJDP. ARTICLE VIII TRAINING Affiliate Agencies shall make every effort to make investigators designated as Task Force Members available for applicable specialized training provided through the national ICAC Program and other appropriate training programs. The SPD will review training requests and provide funding for ICAC-approved training when appropriate. This funding will include, Page 4 of 7 but is not limited to; WA ICAC TF hosted, or sponsored or facilitated training through the national ICAC Programs authorized vendors. Affiliate Agencies seeking funding assistance will be required to submit requests at least thirty (30) days in advance in writing and to comply with the procedures set forth in a separate Interagency Agreement for funding requests. A sample of this Interagency Agreement is available upon request but in no way is tacit or expressed authorization of requested funding or financial assistance given in advance. Funding under the Interagency Agreement is limited to the available funds that are received by the SPD under the OJJDP Grant program for the national ICAC program. ARTICLE IX CONFIDENTIALITY The parties agree that any confidential information pertaining to investigations of WA ICAC TF will be held in the strictest confidence, and will only be shared with other Affiliate Agencies or other law enforcement agencies not participating in the WA ICAC TF where necessary or as otherwise permitted by federal and/or state law. ARTICLE X COMPLIANCE WITH EQUAL OPPORTUNITY LAWS To the extent required by law, the Affiliate Agency shall comply with all applicable laws, standards, orders and regulations regarding equal employment which are applicable to the Affiliate Agency's performance of this Interagency Agreement, including Rules of Practice for Administrative Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41, subtitle B, Chapter 60, part 60-30, which are incorporated herein by reference. ARTICLE XI GOVERNING LAW AND VENUE This Interagency Agreement is governed in all respects by applicable local, State, and Federal laws which shall supersede any provisions made in this Interagency Agreement to the contrary. Any provision effected will not negate the rest of the Interagency Agreement. In case any one or more of the provisions contained in this Interagency Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Interagency Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Exclusive venue is in Seattle, King County, Washington. ARTICLE XII EFFECTIVE DATE This Interagency Agreement shall be effective on June 1, 2022 and continue for three (3) years. Upon expiration this Interagency Agreement shall be renewed until such time as federal funding for the ICAC Task Force Program ends or the Interagency Agreement is canceled by either party upon 30 days' written notice delivered to both parties as delineated in ARTICLE I TERM OF AGREEMENT. This Interagency Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Page 5 of 7 The additional or deletion of Affiliate Agencies to or from this Interagency Agreement shall not affect the Interagency Agreement with the remaining Affiliate Agencies. This Interagency Agreement can be amended or replaced in the event of new requirements under the national ICAC Task Force Program or as designated by law or other proper lawful authority. ARTICLE XIII AMENDMENTS 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. Page 6 of 7 WASHINGTON STATE INTERNET CRIMES AGAINST CHILDREN TASK FORCE INTERAGENCY AGREEMENT EXECUTED BY The SEATTLE POLICE DEPARTMENT (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", Department Authorization Representative: Lt. Ben Morrison PO Box 34986 Seattle WA 98124-4986 AND The FEDERAL WAY POLICE DEPARTMENT, a department of the City of Federal Way, hereinafter referred to as "FWPD", Department Authorized Representative: Andy J. Hwang, Chief of Police 33325 8th Ave S Federal Way, WA 98003 In Witness, Whereof, the parties have executed this Agreement by having their representatives affix their signatures below. FEDERAL WAY POLICE DEPARTMENT Andy J Hwang, Chief of Police Date: SEATTLE POLICE DEPARTMENT Adrian Diaz, Interim Chief of Police Date: Page 7 of 7 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Internet Crimes Against Children Task Force Program OPERATIONAL AND INVESTIGATIVE STANDARDS ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Table of Contents Definitionsof Terms..................................................................................................................... 2 1. Purpose of the ICAC Standards........................................................................................... 4 2. ICAC National Program....................................................................................................... 5 3. Oversight of the ICAC Program........................................................................................... 6 4. Selection and Retention of Task Force Members................................................................ 7 5. Training................................................................................................................................ 8 6. Case Management................................................................................................................ 9 7. Task Force Reporting Requirements to OJJDP.................................................................. 10 8. Investigations..................................................................................................................... 11 9. Work Environment and Equipment.................................................................................... 14 10. Victim Identification.......................................................................................................... 15 11. Public Awareness and Community Outreach..................................................................... 16 12. Media Relations and Media Releases................................................................................. 17 ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 1 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE Defmitions of Terms Applicability of Terms Although some of the definitions below may be generally applicable to law enforcement, they are intended for use in the interpretation of these Standards. As such, where any term defined below is capitalized in these Standards, the Standards are referring to that term as defined below. By contrast, where any term defined below is not capitalized in these Standards, the Standards are referring to that term as it is used generally in the field of law enforcement. Additionally, the capitalized terms have been italicized to ease their recognition. "Affiliate" or Affiliate Agency" is an agency that is working with a Lead Agency as part of a regional or state ICAC Task Force. An Affiliate has agreed in writing to adhere to these Standards. "Authorized Personnel" are Members who themselves lack powers of arrest but have been authorized by their respective agency to participate in Investigations and are being supervised by Sworn Personnel. "Commander" is the Member of a Lead Agency who has been designated by that Lead Agency and recognized by OJJDP as the leader of the corresponding Task Force. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice. "Contraband Image" is a visual depiction in any form (including printed/digital or video) of child sexual exploitation as defined by federal and/or state statute. "Crime" is any offense (or group thereof) that involves (or involve) the exploitation/victimization of children facilitated by technology. "CVIP" is the Child Victim Identification Project operated by NCMEC. "CyberTipline" is a reporting mechanism operated by NCMEC that allows for the reporting of suspected Crimes. "Deconfliction" is a process whereby Members are able to submit Investigative information to each other and/or to ICAC-related databases in order to determine whether other Members or other law enforcement agencies have information concerning the same targets or Crimes. "DOJ" is the United States Department of Justice. "Employee" is a sworn or compensated individual, or any individual working under the direction and control of a law enforcement agency. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 2 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE "Equipment" is any article, device or resource, including but not limited to computers, phones, online accounts and internet services which are purchased or obtained for use in ICAC-related matters. "ICAO Program" is the Internet Crimes Against Children Task Force Program, a national program composed of state and regional Task Forces administered by OJJDP. "Investigation" is an investigation into a Crime. Likewise, "Investigate" "Investigating" and "Investigative" are used within the same context. "Investigative Persona" — any identity established or created by an Employee to aid an Investigation. "Investigator" is a Member who is a part of the Sworn Personnel of a Task Force. "Lead" or "Lead Agency" is the law enforcement agency that receives the ICAC grant and is designated by OJJDP to act as the Lead Agency for the corresponding Task Force. "Member" is a Lead or Affiliate Agency's Employee who is either Sworn Personnel or Authorized Personnel and who has been designated to work on ICAC-related matters for his/her respective agency and Task Force. "National Initiative" is any proposal that relies on the cooperation and resources of a significant number of Task Forces and, accordingly, has been approved by OJJDP. "NCMEC" is the National Center for Missing and Exploited Children. "OJJDP" is the Office of Juvenile Justice and Delinquency Prevention within the DOJ. "Supervisor" is a Member who has been designated by his/her respective agency to supervise Investigations and other ICAC-related matters. "Standards" are all of the provisions of these, the ICAC Operational and Investigative Standards. "Sworn Personnel" are Members with powers of arrest. "Task Force" is the Lead Agency and their Affiliate(s) (combined) as designated by OJJDP for a particular state or region. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 3 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 1. Purpose of the ICAC Standards These Standards are established by OJJDP to guide the administration and operation of the ICAC Program and its Members when working on ICAC-related Investigations and matters. Members should make every reasonable effort to comply with these Standards. However, since many aspects of Investigations are dynamic and because laws vary widely between jurisdictions, it is difficult to anticipate every circumstance that might present itself. Thus, reasonable deviations from these Standards may occur depending upon various factors (e.g., emergency situations; timing constraints; accessibility constraints; resource constraints; technology constraints; perceived conflicts between the Standards and statutes, decisional law, and court orders; etcetera). Commanders may supplement, but not contradict, these Standards in the written agreements they establish with their Affiliates to promote the effective operation of their Task Forces. Should questions regarding the interpretation of these Standards arise or conflicts occur between these Standards and agency policies or law, the Commander faced with the issue shall seek the guidance of an OJJDP Program Manager. However, nothing in these Standards is meant to interfere with a Commander's or Supervisor's lawful tactical decision -making. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 4 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 2. ICAC National Program 2.1 Mission of the ICAC Program The Internet Crimes Against Children (ICAC) Task Force Program helps state and local law enforcement agencies develop an effective response to technology -facilitated child sexual exploitation and internet crimes against children. This support encompasses forensic and Investigative components, training and technical assistance, victim services, prevention and community education. 2.2 ICAC Background The Internet Crimes Against Children (ICAC) Task Force Program was developed in 1998 in response to the increasing number of children and teenagers using the internet and other technology, the proliferation of child sexual abuse images available electronically, and the heightened online activity by predators seeking unsupervised contact with potential underage victims. The ICAC Program is a national network of 61 coordinated task forces representing more than 4,500 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in both proactive and reactive investigations, forensic examinations, and criminal prosecutions. By helping state and local agencies develop effective, sustainable responses to online child victimization — including responses to child sexual abuse images (Contraband Images), the ICAC Program has increased law enforcement's capacity to combat technology - facilitated crimes against children at every level. Because arrests alone cannot resolve the problem of technology -facilitated child sexual exploitation, the ICAC Program is also dedicated to training law enforcement personnel, prosecutors and other professionals working in the ICAC field, as well as educating parents, youth, and the community about the potential dangers of online activity including online child victimization. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 5 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 3. Oversight of the ICAC Program 3.1 The oversight of the ICAC Program and the administration of ICAC grants are the responsibility of OJJDP. The oversight of each Task Force falls to its Commander. The oversight of each agency, both Lead and Affiliate, falls to its designated Supervisor. 3.2 Commanders shall ensure there are supervisory systems and protocols in place that provide for observation, documentation, and review of ICAC activity. Said systems shall comply with the principles of quality case management and shall ensure that ICAC activities comply with agency policies and these Standards. 3.3 Commanders shall ensure that each Member in his/her Lead Agency and each Supervisor of an Affiliate Agency receives a copy of the Standards. 3.3.1 Supervisors shall have the discretion to provide Members with only the sections of the Standards applicable to their job functions. 3.4 Commanders shall submit all proposed National Initiatives to OJJDP prior to the start of the project. 3.4.1 OJJDP may suggest amendments to the original proposal following consultation with the presenting Commander and, as appropriate, other federal, state, and local entities. 3.5 Supervisors shall inform their Members about departmental employee assistance programs and Task Force resources available to them. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 6 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 4. Selection and Retention of Task Force Members 4.1 When practicable during the selection process of Members, Commanders and Supervisors shall evaluate prospective candidates for work histories that indicate prior Investigative experience, courtroom testimony skills, technical knowledge and ability, an ability to prudently handle sensitive information, a genuine interest in the protection of children, and an understanding of the effects that Members may experience when exposed to Contraband Images. 4.2 Commanders and Supervisors shall acknowledge the potential effects of Investigations of and exposure to Contraband Images and recognize that the viewing of Contraband Images should be restricted. When practicable, the following techniques may help mitigate some of the potential negative effects of this work may aid with the retention of Members: • Work flexibility - Commanders and Supervisors are encouraged to allow flexibility for Investigators and others who are exposed to Contraband Images (e.g., frequent breaks, having an open-door policy, etc.). • Exposure to Contraband images - Commanders and Supervisors are encouraged to implement best practices which minimize the exposure to Contraband Images by Members. • Mental Health Providers (MHP) - In compliance with their agency guidelines, Commanders and Supervisors are encouraged to work with MHP to make recommendations for care of Members and to provide education and training designed to minimize the impact of exposure to Contraband Images. • Impact of Contraband Images - Commanders and Supervisors are encouraged to share or pursue best practices for minimization of the impact of Contraband Images and to promote attendance at trainings regarding methods used to minimize said impact. 4.3 Commanders and Supervisors shall recognize that ICAC Investigations typically focus on child sex offenders who have committed serious state or federal crimes and due to this life - changing event, the impact on these offenders can result in a violent response to authorities.] I FBI's Investigation Behavioral Analysis Unit's Operational a e onsidgations IlFile lnvasfigdfiirg Clrild .sex O enders..4 Fla►r boob or Lm+, En orYemenl, Volume 1, March 2012. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 7 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 5. Training Ensuring that personnel are well -trained in conducting effective Investigations in a manner consistent with applicable laws is integral to the ICAC Program. 5.1 All national training curricula supported by ICAC Program resources shall be conducted consistent with the Standards and shall be approved by OJJDP. 5.2 Commanders shall ensure that nominees to attend any ICAC Program -sponsored national in -person training event are current Members. 5.3 Individual Task Forces may develop and deliver Task Force specific training. This training shall comply with the Standards and shall be approved by the Commander. All costs to develop and deliver the training shall be the responsibility of the Task Force or Affiliate providing the training. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 8 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 6. Case Management 6.1 Commanders and Supervisors are responsible for determining Investigative priorities and selecting cases for Investigation in their respective agencies. Those determinations shall include an assessment of victim risk, jurisdiction, known offender behavioral characteristics, and the likelihood of securing the information necessary to pursue each Investigation. 6.2 Conventional boundaries often are meaningless in today's digital world where the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of Lead and/or Affiliate Agencies targeting other law enforcement personnel, Investigating the same target, or inadvertently disrupting an ongoing Investigation. To foster effective case coordination, collaboration, and communication, each Member shall make every effort to Deconflict all active Investigations. 6.3 Lead and Affiliate Agencies shall be subject to their respective agency's incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each case. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 9 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 7. Task Force Reporting Requirements to OJJDP 7.1 The reports described below do not replace the semi-annual progress report required by the Office of Justice Programs' Financial Guide. 7.2 Commanders shall compile and submit a Task Force Monthly Performance Measures Report to the OJJDP-designated location before the end of the following calendar month. 7.2.1 Affiliates shall report their activity to their respective Commander by the 1 Oth of each month using the ICAC Monthly Performance Measures Report. 7.3 Commanders shall compile and submit an annual report which details each of their Affiliates. This annual report shall be submitted within 30 days of the end of the calendar year. The report shall be submitted in a method determined by OJJDP and shall include the following information: 7.3.1 The name of each Affiliate Agency. 7.3.2 The staffing level of each Affiliate Agency including the number of Investigators, prosecutors, education specialists, and forensic specialists dedicated to Investigating and prosecuting Crime. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 10 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8. Investigations 8.1 Investigations shall be conducted in a manner consistent with applicable laws and the ICAC Standards. 8.2 Only Sworn Personnel shall conduct Investigations. 8.2.1 Authorized Personnel acting under the direction and supervision of Sworn Personnel may participate in Investigations. 8.2.2 Members shall not approve, condone, encourage, or promote cyber- vigilantism by private citizens. As such, Members shall not use unauthorized private citizens to proactively seek out Investigative targets. 8.2.3 The above section (8.2.2) shall not preclude the use of information related to a Crime provided by victims or public citizens who discover evidence (e.g., CyberTip reports, mandated reports from professionals, computer repair shop complaints, parental complaints, et cetera). Nor does it preclude the use of authorized over -hears or other similar Investigative methods designed to further an Investigation. 8.3 Investigations shall be documented. Any departures from this provision due to unusual or exigent circumstances shall be documented in the relevant case file and reviewed by the Supervisor. 8.3.1 The access, retention, storage, security, and disposal of Investigative or case information shall be consistent with the subject agency's policies and federal and state law regarding same. 8.4 Members shall not electronically upload, transmit, or forward any Contraband Images. 8.4.1 Exception to Section 8.4. Section 8.4 shall not prohibit the transfer of evidence between Investigators as provided for by sections 8.9 and 8.10 of these Standards nor does it prohibit the submission of Contraband Images to CVIP as provided for by section 10.1 of these Standards. 8.5 Members shall not use any visual depiction of any type (including a manipulated or electronically generated visual depiction) of any person, purported person, or body part of a person or purported person, with the sole exception that a Member may use a visual depiction as a representation of an Investigative Persona/person/purported person when the following four requirements are met: (1) The visual depiction is of an actual person; (2) That person is an Employee; ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 11 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE (3) The Employee has given his or her written consent for the visual depiction to be used; and (4) The Employee was at least 18 years old at the time when the Employee gave consent for such use. The visual depiction may be of the Employee that was produced when the Employee was under the age of 18. The visual depiction may also be modified to suit Investigative needs (i.e., it may be an altered or age -regressed visual depiction of the Employee). 8.5.1 Exception to Section 8.5. Section 8.5 does not prohibit a federal or federally - approved Member (e.g., an FBI/HSI agent, or an FBI/HSI Task Force Officer) from using a visual depiction that does not meet the four requirements of Section 8.5, so long as the visual depiction is one that has been authorized for use by the FBI or HSI in accordance with that respective federal agency's guidelines and the visual depiction is being used pursuant to those guidelines. 8.6 Absent prosecutorial input to the contrary, during online dialogue, Investigators shall allow the Investigative target to set the tone, pace, and subject matter of the online conversation. 8.6.1 Section (8.6) shall not be construed to prohibit Investigators from performing any of the following activities when initiating or conducting an Investigation: (a) posting information including visual depictions (image or video/printed or digital) to establish an online presence, (b) placing or posting advertisements, or (c) sending messages. 8.6.2 Members shall familiarize themselves with relevant state and federal law, including but not limited to those regarding the defense of entrapment, and shall confer with prosecutors, as needed. 8.6.3 Prior to conducting any large-scale (multi -target) operations, Members shall notify the Commander and shall consult relevant prosecutors about the operation. 8.7 The examination of digital storage devices shall be performed consistent with the subject agency's protocol. 8.8 Contraband Images shall be maintained pursuant to the subject agency's policy. 8.8.1 Absent a court order specifically ordering otherwise, evidence containing Contraband Images shall not be released to any defendant or representative thereof. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 12 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 8.9 Absent exigent circumstances, all Members' case referrals between Task Forces shall include: • Notification to and acceptance by the Commander(s) of both Task Forces that are involved in the referral; • A secure (i.e., digitally -protected) copy of the case file; • An official Investigative report or affidavit containing case details; and, • Documentation, preferably the original, of all legal process conducted and all compliance with same, especially those documents related to the issue of jurisdiction and identification of suspect(s). 8.10 Law enforcement transfers of evidence containing Contraband Images shall be done in a secure manner. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 13 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 9. Work Environment and Equipment 9.1 Investigations shall be conducted in an approved work environment, using approved Equipment, as designated by a Commander or Supervisor. 9.2 Commanders and Supervisors are encouraged to provide a work environment that provides for discreet and sensitive Investigations while simultaneously minimizing chances of inadvertent or unnecessary exposure to Contraband Images. 9.3 ICAC Equipment shall be reserved for the exclusive use of its Members, and shall be used in accordance with these Standards and with their respective agency's policies. 9.4 When practicable, Equipment which may be used in undercover aspects of an Investigation shall be purchased covertly. 9.5 No personally -owned equipment, accounts or networks shall be used in Investigations. 9.6 Software shall be properly acquired and licensed. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 14 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 10. Victim Identification 10.1 Identifying child victims of Crime is a critical element of the ICAC Program. DOJ and OJJDP require the Lead and Affiliate Agencies to submit Contraband Images to CVIP as a means to improve child victim identification. Absent exigent circumstances, Contraband Images shall be sent to CVIP pursuant to NCMEC's standards regarding same. In addition, Lead and Affiliate Agencies are encouraged to collaborate with NCMEC in their effort to identify children depicted in Contraband Images. 10.2 Absent exigent circumstances, victim -identifying information shall be protected from public disclosure pursuant to the protections set forth in federal and state law. 10.3 Lead and Affiliate Agencies shall adhere to local, state, and federal laws, as well as their agency's policies regarding mandated reporting, victim notification, and victim assistance. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 15 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 11. Public Awareness and Community Outreach 11.1 Public awareness activities and community outreach are a critical component of the ICAC Program. Lead and Affiliate Agencies shall foster awareness and shall provide practical relevant guidance to children, parents, educators, and others concerned with child safety. 11.1.1 Social media can be used to promote educational awareness as long as it is consistent with all agency policy and these Standards. 11.2 Presentations to school personnel, parents, and community groups are excellent ways to promote awareness. These presentations shall not include any visual depiction of a victim unless the victim has consented to its use and the victim is currently at least 18 years of age. No Contraband Image shall be used in these presentations nor shall a presenter discuss confidential Investigative tools and techniques. 11.3 No individual affiliated with ICAC Program may speak on behalf of the national ICAC Program without the express written consent of OJJDP. While making public presentations, Members may indicate a preference for a product or service, but, when done, shall avoid an implicit endorsement and shall include alternatives in the presentation. 11.4 Materials and presentations shall be consistent with the ICAC Program's mission and background, as enumerated in Section 2 of these Standards. ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 16 of 17 LIMITED OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12. Media Relations and Media Releases 12.1 Media releases relating to prosecutions, Crime alerts, or other matters concerning ICAC operations shall not include information regarding confidential Investigative techniques, and shall be coordinated, when applicable, with the law enforcement agencies involved with the subject Investigations, in a manner consistent with sound information management and sound media relations practices. 12.2 Commanders and Supervisors may speak to members of the media about their own agency's ICAC-related activities per the terms of their agency's policy on such media relations. No individual affiliated with ICAC Program may speak on behalf of the national ICAC Program without the express written consent of OJJDP. 12.3 Commanders shall inform their OJJDP Program Manager if approached by national media outlets about the national ICAC Program (as opposed to media seeking information from a particular Task Force about its local activities) so that a coordinated national response can be prepared by OJJDP. 12.4 Information provided by Task Forces to the media shall be consistent with ICAC Program 's mission and background, as described in Section 2 of these Standards. End of ICAC Standards ICAC Task Force Program Operational and Investigative Standards FOR ICAC PURPOSES ONLY Revised: October 1, 2018 Page 17 of 17 COUNCIL MEETING DATE: June 21, 2022 ITEM #: 7g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FISCAL YEAR (FY) 2021 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into an MOU Agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) for FY 2021? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE — (PRHSPSC) June 14, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES. CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PSC Staff Report 2. 2021 JAG Contract MOU 3. FY2021 Justice Assistance Grant Program Award # 15PBJA-2I-GG-01967-JAGX 4. Copy of Budget Detail Worksheet — 2021 JAG Options Considered: 1. Approve the FY 2021 JAG Grant 2. Reject the FY 2021 JAG Grant MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: S S 7S-�IRECTOR APPROVAL: Z ��Z Cut iIteC ncil Initial ate ] ciitinllDate lnitiaUDate COMMITTEE RECOMMENDATION: "I move to forward the proposed JAG MOU to receive grant funds for Fiscal Year 2021 to the June 21, 2022, consent agenda for approval. " ZA/VAIA-�- Committee Member ;POSED COUNCIL MOTION: "7 move approval of the proposed JAG MOU to receive grant. funds for Fiscal i Ixr 2021, 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 # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program — MOU Contract Financial Impacts: JAG funds support investment in technology and equipment improvements to enhance safety, improve efficiencies and services to the Community through the Police Department. There will be minimal impact to City funds by accepting the grant. Sales tax may not be covered by the grant and will be absorbed by the police department's operating budget. The project award allocation: $39,550. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Federal Way will be a subrecipient of these funds under this agreement. Grant funds will be used to replace inoperable technological equipment used by the Federal Way Police Bomb Disposal Unit (BDU). The proposed purchase involves a ScanX Scout Kit Portable X- Ray and XTK Grid Aim Systems. These systems are necessary for the Bomb Disposal Unit to locate dangerous components and to safely disrupt an explosive device. In addition, grant funds will be used to purchase SECTOR equipment, an automated collision and traffic reporting device. SECTOR scanners are deployed to all officers in the field, and it becomes necessary to replace scanners due to normal wear and tear. Acceptance of the FY 2021 Edward Byrne Memorial Justice Assistance Grant Award will ensure that services or projects under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.375 1 (a). Memorandum of Understanding -Contract Edward Byrne Memorial justice Assistance Grant (JAG) Program FY 2021 Local Solicitation Executed by City of Seattle Department Authorized Representative: Kathryn Finau 610 5th Avenue PO Box 34986 Seattle, WA 98124-4986 and City of Federal Way, DUNS 612509901, hereinafter referred to as "Subrecipient" JAG Grant Manager: Diane Shines 33325 8th Ave S Federal Way, WA 98003-6325 22-00550 Federal Way FY21 JAG MOU Contract Page 1 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. City of Federal Way City of Seattle Jim Ferrell, Mayor Brian Maxey, Chief Operating Officer Seattle Police Department Date: Date: 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 $771,127 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 DOJ submit the joint application to the Bureau of Justice Assistance on Aug 24, 2021, to request JAG Program funds; and WHEREAS, based on the City's successful application, the Bureau of Justice Assistance has awarded $771,127 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; NOW THEREFORE, the parties hereto agree as follows: 22-00550 Federal Way FY21 JAG MOU Contract Page 2 of 7 This Interagency Agreement contains seven Articles: ARTICLE I: TERM OF AGREEMENT The term of this Interagency Agreement shall be in effect from the date it is executed, until September 30, 2024, 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. 3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY 2021 Justice Assistance Grant Program Award #15PBJA-2I-GG-01967-JAGX. 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 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 2021 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. 22-00550 Federal Way FY21 JAG MOU Contract Page 3 of 7 5. 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 2020 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 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: Kathryn Finau, JAG Program Manager Seattle Police Department 22-00550 Federal Way FY21 JAG MOU Contract Page 4 of 7 610 51h Avenue PO Box 34986 Seattle, WA 98124-4986 206-233-3722 Kathryn.finau3@seattle.gov 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 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. 22-00550 Federal Way FY21 JAG MOU Contract Page 5 of 7 ARTICLE V: PAYMENT 1. Compensation The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this Agreement cannot exceed $41,070. 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. Manner of Payment 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) ■ 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 Kathryn Finau, JAG Program Manager Seattle Police Department Seattle Police Department 610 5th Avenue 610 5th Avenue PO Box 34986 PO Box 34986 Seattle, WA 98124-4986 Seattle, WA 98124-4986 SPDAP@seattle.gov 206-233-3722 Kathryn.finau3@seattle.gov 22-00550 Federal Way FY21 JAG MOU Contract Page 6 of 7 ARTICLE VI. COOPERATION IN MONITORING AND EVALUATION 1. SPD Responsibilities_ 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 31-41 and 70 in the Grant Award and Special Conditions documents. 2. Subrecipient Responsibilities. 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 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. 22-00550 Federal Way FY21 JAG MOU Contract Page 7 of 7 2/22122, 2:19 PM External Entity Award Letter October 13, 2021 Dear Mark Baird, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by SEATTLE, CITY OF for an award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $771,127. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of justice Programs (OJP), U.S. Department ofJustice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an https://j ustg rants.usdoj.gov/prweb/PRAuth/app/J GITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXm VNevW*/!STANDARD 1 /17 2/22/22, 2:19 PM External Entity adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type Of - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by B.A. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bj1g F i g/nean html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. NEPA Coordinator First Name Middle Name Last Name Orbin Terry Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. :►Recipient Information Recipient Name SEATTLE, CITY OF DUNS Number 130986214 Street 1 610 5TH AVE UEI RGj5CPK2YHK1 Street 2 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW /!STANDARD 2117 2/22/22, 2:19 PM External Entity City SEATTLE Zip/Postal Code 98104 County/Parish A.Award Details Federal Award Date 10/13/21 Award Number 15PBJA-21-GG-01967 JAGX Federal Award Amount $771,127.00 State/U.S. Territory Washington Country United States Province Award Type Initial Supplement Number 00 Funding Instrument Type Grant Assistance Listing Number Assistance Listings Program Title 16.738 Statutory Authority Title I of Pub, L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). R I have read and understand the information presented in this section of the Federal Award Instrument. Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency 2021 BJA FY 21 Edward Byrne Memorial Justice OJP Assistance Grant (JAG) Program - Local Solicitation Program Office Application Number BJA GRANT13430393 Grant Manager Name Phone Number E-mail Address Jeffrey Felten -Green 202-514-8874 Jeffrey.S.Felten-Green@ojp.usdoj.gov Project Title City of Seattle Joint Application for FY2021 JAG Funds https://justgrants.usdoj.g ov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 3/17 2/22/22, 2:19 PM External Entity Performance Period Start Date Performance Period End Date 10/01/2020 09/30/2024 Budget Period Start Date Budget Period End Date 10/01/2020 09/30/2024 Project Description The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. R I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Ri I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. IM1 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. httpsJrustgrants.usdoj.gov/prwabIPRAuth/appMGiTS_I3y268xxi_ipDExTOT4XnAjzjAXmVNevW 1lSTANDAR❑ 4/17 2/22/22, 2:19 PM External Entity The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. EM2 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. EM3 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information injustGrants. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies,adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. 'Q5 Effect of failure to address audit issues https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW /!STANDARD 5/17 2122/22, 2:19 PM External Entity The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. EM6 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/Lega[Notices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. EM7 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e-CFR "current' data. IM8 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevw /!STANDARD 6/17 2/22/22, 2:19 PM External Entity IM9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Im10 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. EQ11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). EM12 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. Eff�13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. EM14 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW /!STANDARD 7/17 2/22/22, 2:19 PM External Entity Tn1s Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at anytime during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. [9�16 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 1917 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. EQ18 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY2lAporopriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Emig Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list. EQ20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!STANDARD 8/17 2/22/22, 2:19 PM External Entity hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. IM21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 9/17 2/22/22, 2:19 PM External Entity employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. EM22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. EQ23 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. IM24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. EE2]25 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 10/17 2/22/22, 2:19 PM External Entity maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first - tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). [E�26 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. lff�27 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. rED28 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. IM29 Requirement to report potentially duplicative funding https://justgrants.usdoj.gov/prweb/PRAuth/app/J G ITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 11 /17 2/22/22, 2:19 PM External Entity If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. ED30 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. EM31 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). EQ32 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). EM33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. EM34 Use of program income https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 12/17 2/22/22, 2:19 PM External Entity Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. EM35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp—grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. EM36 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. EM37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. TD38 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. [0139 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. EED40 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.ore). https:/Ijustgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!STANDARD 13/17 2/22/22, 2:19 PM External Entity JM41 justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 'Q42 "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here. 'M43 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. EM44 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 14/17 2/22/22, 2:19 PM External Entity Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 'M45 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. TD46 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG CategoryTwo ($25K or more) must submit semi-annual performance reports through justGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and otherJAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Tn47 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. IM48 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. IM49 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. (E2150 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 15/17 2/22/22, 2:19 PM External Entity with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). Load More R I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729- 3730 and/or §§ 3801-3812) or otherwise. Agency Approval = Title of Approving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney General Maureen Henneberg 9/16/21 3:31 PM Authorized Representative ® Declaration and Certification Entity Acceptance Title of Authorized Entity Official Grants & Contracts Unit Manager Name of Authorized Entity Official Melissa Cordeiro Signed Date And Time 2/15/2022 2:47 PM https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW /!STANDARD 16/17 2/22/22, 2:19 PM External Entity Funding Federal Grant Balance Financial Award Award Award Award Performance and Report Modification Conditions Details Attachments Managemen• Availability (FFR) (GAM) Closeout View Application Case details Last updated by Kathryn Finau 6d ago Created by Agent(System-Queue- ServiceLevel.ProcessEvent) 4mo ago DOJ Grant Manager Jeffrey Felten -Green Phone 202-514-8874 Email Jeffrey.S.Felten-Green@ojp.usdoj.gov Participants (7) :.� Kathryn Finau 4� :+ Grant Award Administrator Melissa Cordeiro Entity Administrator 0 Jeffrey Felten -Green GrantManager Esmat Bahandori Financial Manager Melissa Cordeiro Authorized Representative 1 View all https:Iljustgrants.usdoj.govlprweb)FIRAuthiappidGIT5/3yZ6Bxxi_IpDExTOT4XriAjz)AXmVNevW`/!STANDARD 17/17 King County Community Corrections Population Characteristics Data Project .A. Personnel Name/Position Computation Hr!y Rate Hours Cost -Auto Compute $0 $0 $0 $0 TOTAL: $0 B. FringeBene>its Name/Position Computation Cost -Auto Compute $0 $0 $0 $0 TOTAL: $0 Name of Training ILocation *ITEM I Computation staff x ITEM $ Cost ITEM will be airfare, lodging, car rental, rates) registration x number TOTAL: $0.00 King County Community Corrections Population Characteristics Data Project XTK Grid Aim System $4,045.00 TOTAL: $38,350 TOTAL: 51,200.00 G. Consultants/Contracts Name of ContracvConsultant Computation Cost TOTAL: $0.00 GRANT] TOTAL: $39,550 King County Community Corrections Population Characteristics Data Project , parking, per diem (GSA of participants 7h COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $3,000.00 from the WTSC for Seat Belt enforcement? COMMITTEE: PRHS&PSC MEETING DATE: June 14, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. PRHS&PSC Memo 2. Amendment #1 for the IAA Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: �5 �- DIRECTOR APPROVAL: -*� 2 cn mil a councill,'S) Si L Initinl/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the amendment to the IAA between the WTSC and the FedeZ'/-,1JC0P0m'1fte-e ce Department to the June 21, 2022, City Co ncil ConsentAgendafor approval" hai Committee Member Committee e er PR SED COUNCIL MOTION: "I move approval of amendment #1 to the IAA between the WTSC and the Federal Way Police Department and authorize Chief Andy Hwang to sign the agreement. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2016 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the Federal Way Police Department (Amendment #1 for "Click it or Ticket") The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day to day staffing level. However, increasing the number of officers on patrol will yield better enforcement results and likely have a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from a grant. The goal is to reduce traffic related deaths and serious injuries through education of impaired driving, speeding, and distracted driving HVE patrols throughout the state. Simply put, this agreement would allow the City of Federal Way to put more of its police officers on the road with these traffic enforcement goals while knowing it will be reimbursed for the overtime expense. The area of enforcement that this amendment emphasizes is for seat belt enforcement. Upon approving this amendment, the Federal Way Police Department would receive a minimum of $3,000.00 to target seatbelt violations from the WTSC. STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 621 811 Avenue SE, Suite 409, PO Box 40944, Olympia, Washington 98504-0944, (360) 725-9860 AMENDMENT # 1 Eve 2022 HIGH VISIBILITY ENFORCEMENT GRANT BETWEEN WASHINGTON TRAFFIC SAFETY COMMISSION AND Federal Way Police Department The Grantee listed above participates in King County's high visibility enforcement grant, 2022-HVE-4449-Region 7/8 Target Zero Task Force. Funding has been added to this grant to include funds for enforcement participation in Click It or Ticket. This amendment adds to the scope of work and project costs sections of above -referenced agreement. The additions to the agreement are as follows: Scope of Work Additions: Objectives and Requirements for Click It or Ticket Patrols 1. SUB -RECIPIENT must use the spotter method for all Click It or Ticket (CIOT) HVE events. This method will utilize a team of no less than three commissioned officers — one spotter identifying violations and at least two officers responding to violations. Officers on motorcycles are an excepted from this requirement. 2. SUB -RECIPIENT agrees that CIOT HVE patrols conducted without using the spotter method or motor officers will not be compensated by the WTSC. 3. SUB -RECIPIENT will only expend funds for these HVE events in support of the national CIOT campaign from May 16, 2022 — June 5, 2022. Project Costs Additions: Click It or Ticket Patrols Section 402, CFDA 20.600 $36,000 All other sections and terms and conditions of this Contract remain in full force and effect. This Amendment is executed by the persons signing below, who warrant that they have the authority to execute this Amendment. It is effective on the date it is fully executed. Federal Way Police Department _ r� T, /_. -;r Signature Printed ame 6 S .2A D ate WASHINGTON TRAFFIC SAFETY COMMISSION ignature Printed Name ate Page 2 of 2 MOM COUNCIL MEETING DATE: June 21, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ADOPTION OF THE 2023-28 TRANSPORTATION IMPROVEMENT PLAN POLICY QUESTION: Should City Council approve the proposed 2023-28 Transportation Improvement Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 6, 2022 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic En .neerlo DEPT: Public Works Attachments: 1. Staff Report. 2. Resolution. Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S MAYOR APPROVAL: TION: Option 1. Initial/Date DIRECTOR APPROVAL: ,!!f [ s-t.- lnitiallDaic COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 21, 2022 Council meeting for a public hearing. Q;!�Cl -1� -� , Chair .lack Walsh, Committee Mctnber i 1oanf-, Tran. .onimitiee ,%7ember PROPOSED COUNCIL MOTION: "lime approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Adoption of the 2023-28 Transportation Improvement Plan Financial Impacts: The Transportation Improvement Plan ("TIP") helps inform the budget process on needed roadway capital improvements. The projects listed in the first three years are to be fully funded or have a reasonable chance of having all funding secured. Later years include projects that have a reasonable chance of having partial funding secured. Background Information: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP on July 23, 1991. The City is also required to adopt a revised TIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft plan, which is proposed for the June 21, 2022 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Attached for your review and comment is the 2023-28 TIP list of projects and a map showing their locations. The six -year TIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP2.3, which reads, "Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Plan ("CIP") prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. Completed Proiects • Citywide Horizontal Curve Improvements • SW 320th St Overlay: 3`d Pl SW — 1 Ph Ave SW SW 356"' St Overlay: 0 PI SW — 15th Ave SW • Citywide Greenway Plan • SR 509 Safe Routes to Schools: 9th Pl S — 1 lth Pl S Rev 6/2019 June 6, 2022 Land Use and Transportation Committee Amended 2023-28 Transportation Improvement Plan Page 2 New Proi acts • Citywide High Friction Surface Treatments • City Center Access — BPA Trail Extension: SR 99 @ S 324th St — 23rd Ave S @ S 320th St • S 320th St Overlay: lst Ave S — SR 99 • S 320 St Overlay: 1 Ith PI S — SR 99 • LID Sidewalk Projects RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program for 2023- 28, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95- 210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04- 433, 05-451, 06-481, 07-503, 08-732, 09-550, 10-558,11-609, 12-622, 13- 640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738,19-761, 20-792, 20- 802, and 21-811). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23, 1991 (Resolution No. 91-67; and WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 21, 2022, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended TIP for the ensuing six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required annually to revise and adopt an extended TIP; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Non - Significance ("DNS"), Federal Way File 22-102184-00-SE, issued for the City's 2023-28 TIP, which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 22- Page I of 3 Rev 1 /22 WHEREAS, adoption of the City's 2023-28 TIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised TIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements, and the estimated costs thereof, is hereby approved and adopted for the ensuing six (6) calendar years (2023-28 inclusive). Section 2. Film of f Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Section 3. Severabili ++. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 22- Page 2 of 3 Rev 1/22 references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of y 20`. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 22- Page 3 of 3 Rev 1/22 Exhibit A CITY OF FEDERAL WAY TRANSPORTATION IMPROVEMENT PLAN (TIP) AND ARTERIAL STREET IMPROVEMENT PLAN - 2023 TO 2028 Map ROADWAY CAPITAL PROJECTS Year 2022 Costs in $ thousands ID** Location Description Previous Years 2022 2023 2024 2025 2026 2027 2028 Total 1a City Center Access Phase 1 - Environmental Update environmental documentation for modified access at S 320th St & S 324th St 3,922 500 300 4,722 1 b City Center Access Phase 2 - SB Ramps Construct all SB 1-5 ramps, extend S 324th Street from 23rd Ave S to 1-5 20,000 10,000 35,336 35,336 100,672 2 SR 99 @ S 373rd St Install roundabout, median control 400 500 2,000 2,000 4,900 3 SW 320th St @ 47th Ave SW Install traffic signal 569 569 4 S 312th St @ 28th Ave S Add SB right -turn lane or construct roundabout 771 771 5 SW 340th St: 37th Ave SW - City Limits Widen to 5 lanes 310 400 500 2,200 3,410 6 21 st Ave S @ S 320th St Install traffic signal 100 935 1,035 7 S 320th St & 1 st Ave S Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 316 or Alternatlive Measure 569 9,891 10,460 8 S 348th St: 9th Ave S - SR 99 Overlay 15 90 1,026 1,131 9 16th Ave S: S 344th St - S 348th St Add SB auxiliary lane 400 1,600 4,105 6,105 10 Citywide Implement Adaptive Traffic Control System Phases I & 11 2,693 300 2,993 11 Citywide Install variable lane use control signs 141 841 100 1,082 12 Military Rd S @ S Star Lake Rd Add EB right -turn lane, sidewalk 200 1,000 1,200 13 SR 509 @ SW 301st St Install compact roundabout 150 700 850 14 Citywide Implement Adaptive Traffic Control System Phase 111 700 100 800 15 SR 509 @ 47th Ave SW Install compact roundabout 8501 850 16 SW 340th St: 31st Ave SW - 37th Ave SW Widen to 5 lanes 500 1,500 4,000 6,000 17 Citywide Annual overlays 3,000 3,000 3,000 3,000 3,000 3,000 3,000 21,000 18 SR 509 @ 4th Ave S Install compact roundabout 200 800 1,000 19 City Center Adaptive Traffic Control System - City Center Stage 2 - Detection upgrades 700 700 20 Citywide Adaptive Traffic Control System Phase IV; 1 st Ave S 750 750 21 Citywide Adaptive Traffic Control System Phase V; 21 st Ave SW & SW Campus Dr 1200 1,200 22 Military Rd S: S 320th St - SR 18 Overlay 50 1200 1,250 23 S 356th St: 1 st Ave S - SR 99 Widen to 5 lanes, bike lanes, sidewalks 300 300 3000 3000 13400 20,000 24 Citywide Street Vegetation Management 200 200 200 200 200 200 200 1,400 25 SW 344th St @ 27th Ave SW Construct compact roundabout 50 100 560 710 26 Citywide High Friction Surface Treatments 365 34701 1 1 1 3,835 27 S 320th St: 1 st Ave S - SR 99 Overlay 50 2950 3,000 28 S 324th St: 11th PI S - SR 99 Overlay 50 800 850 Subtotal Roadway Capital Projects 8,350 7,481 8,061 10,210 33,740 27,650 42,536 57,532 195,560 Map NON -MOTORIZED CAPITAL PROJECTS Year 2022 Costs in $ thousands ID Location Description Previous Years 2022 2023 2024 2025 2026 2027 2028 Total 29 SW King County Regional Trail Plan Plan to connect trails to adjacent cities 100 200 300 30 1st Ave S: S 292nd St - S 312th St Shoulder improvements 3,770 3,770 31 Citywide ADA Retrofits 400 400 400 400 400 400 400 2,800 32 Citywide Pedestrian Safety Install mid -block crossing treatments or other pedestrian improvements 1,231 320 160 160 320 320 320 2,831 33 Citywide Pedestrian Safety System Improvements Install mid -block crossing treatments 160 1,080 1,240 34 Citywide RRFB Upgrades Replace median -mounted RRFB's with mast arm mountings 140 690 830 35 SR 509: SW 312th St - 21 st Ave SW Install sidewalk and streetlights on south side 200 1,300 1,500 36 Federal Way Transit Center Pedestrian Access Improvements 100 900 1,000 37 S 312th St: Steel Lake Park - 28th Ave S Install sidewalk and streetlights on south side 100 650 750 38 City Center Access - BPA Trail Extension Construct multi -use path between Celebration Park and Federal Way Transit Center 600 1,000 1,000 4,100 6,700 39a Pacific Hwy S Trail - 16th Ave S (S 288th St to S 308th St) Construct multi -use path 200 250 900 2086 7,008 10,444 39b Pacific Hwy S Trail - 16th Ave S (SR 509 to S 308th St) Construct multi -use path 300 1,900 2,200 40 S 314th St: PVR Wy S - 23rd Ave S Add sidewalks and street lights 175 125 125 1,600 1,300 3,325 41a S 288th St: Military Rd S - 34th Ave S Restripe to 3 lanes with bike lanes, improve pedestrian facilities 100 900 1,000 41 b S 288th St: 16th Ave S - 34th Ave S Restripe to 3 lanes with bike lanes, improve pedestrian facilities 100 100 100 2,200 2,500 42 FWHS - City Center Greenway: S 308 St / 20 Ave S Greenway improvements 1001 4001 1 1 1 500 43 Citywide Local Improvement District Non -Motorized Improvement Program 300 300 300 300 300 300 1,800 Subtotal Non -Motorized Capital Projects 2,206 2,5351 5,425 7,186 9,558 3,620 3,420 9,540 43,490 , > S 272 St 99 City of Federal Way Star 'Pa L ke Puget Sound g L 2023 2028 Poverty r - 11 F-----, - Transportation Bay '` ' i S 288th St Improvement Plan E&Arterial r Street ,_.._.. -----�"-••- i ,'. •.:. , Improvement Plan Dumas Bay 509 S 3 %', �•.... f Lake ter _ a i t 99 509 �.,,r..-•-•.,•-Q�� r r 2t t u Legend •. SWpash j I r — /1 ••�, SW 3 'SMOth St L_ _ • Intersection Improvements ! �•♦• ,y / O City Center Access - Phase 1 •♦♦♦ �p v ° ' S 32 th St +,` City Center Access - Phase2 a = h , e Corridor Improvement Northsh •• ••�` `♦` �' o Non -Motorized Improvement .J' re Pk i ♦ Cam 0 336 h St •, I Overlay Improvement - 18':. o N a 5 .♦ > a h .�. r' i Q ♦ co °' S 34 t St �- I I ! i \� > rn • _..,�--,. �� — L _ •� 181 Original Map Date: May 2022 Commencement `O !, ` �^ •~ Q '� ,i w 1I1. 'J e a m �•� • ! City of Federal Way, Bay 509 S 356 z i I L ! 33325 8th Ave S, --__-____ w i Federal Way, WA 98003 `"\ '� Z (253) 835-7000 y I °h, Live % f Go cm Lake Miles `\ °M '`♦ 99 ro CITY OF •'♦• j 161 aak 1� Federal Way °� `� \ i r - •♦ �• — .... e j Centered on Opportunity 07 -J °' i A �! i �• �— --. =.._ This map is accompanied by no warranties, and is simply a graphic representation. J:\�omp{a ran ortation\tip_2 8.mxd COUNCIL MEETING DATE: June 21, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT USE OPERATIONS AND MAINTENANCE FACILITY SITE SELECTION --_.... 9 a ITEM #: POLICY QUESTION: Should council select the preferred site for the new Joint Use Operations and Maintenance Facility and authorize $250,000.00 in expenditures from unallocated capital improvement funds to advanced preliminary design? COMMITTEE: Land Use and Transportation MEETING DATE: June 6, 2022 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing 5Q City Council Business ❑ Resolution r0 Other If STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Direr i�fr DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Select "Site 2" (SW corner of S 3121 Street and 28' Ave S) as the preferred location for the new Joint Use Operations and Maintenance Facility and authorize $250,000 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. 2. Select alternative site as the location for the new Joint Use Operations and Maintenance Facility and authorize $250,000 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL::,../Ir U11 12`20 ' DIRECTOR APPROVAL: I202'Z. Initial/Date Initial/Date LOF Inival/Dare COMMITTEE RECOM ENDATION: "I move to forward Option 1 to the June 21, 2022 eam=t agenda for app • d. ' C .:� 1Cn.�S� 5 r aek f?o miLlee Chair Ja Walsh. Committee Member I [oang, Tram. ffMMillee Member MOPOSF.I3 COUNCIL MOTION: "I move to approve "Site 2 " (SW corner of S 312th Street and 28th Ave S) as the preferred location for the nei4,Jr int Use Operations and Maintenance Facility and authorize $250, 000.00 in expenditures from unallocated capital improvement funds (Fund 401 and Fund 306) to advance preliminary design. " (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 0 REVISED - 4/2019 RESOLUTION N CITY OF FEDERAL WAY MEMORANDUM DATE: June 6, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director �� Desired S. Winkler, P.E., Deputy Public Works Director rJ" SUBJECT: Joint Use Operations and Maintenance Facility Site Selection Financial Impacts: The cost to the City for the Joint Operations and Maintenance Facility (O&M Facility) site selection study was included within the approved budget under the street capital fund (306). In accordance with the approved budget, this study was funded by Real Estate Excise Tax (REET). There are no on -going costs related to this study. Design and construction of the O&M Facility will need to be included in future budget approvals. Staff recommends utilizing unallocated capital improvement funds to advance preliminary design. This would include $125,000.00 from Fund 304 (Surface Water Management) and $125,000.00 from Fund 306 (Streets Capital Real Estate Excise Tax (REET)). Background Information: In May 2020, council authorized staff to move forward with preliminary studies to determine scope, size, and location of a new O&M facility. In May 2021, staff briefed council of the programming needs (aka. property size needed) and selection criteria to be used to identify the preferred site location. During the May 3, 2022 Special Council Meeting, staff presented the final site selection report and the three viable sites along with their estimated costs, advantages, and disadvantages. Construction — Current Program Land / Mitigation Costs TOTAL SITE 1: Existing Site — Expand to North $32 M $9 M $41 M SITE 2: Steel Lake Park Annex $33 M $1 M $34 M SITE 3: Private Property Undeveloped $34 M $16 M $50 M Rev. 7/18 Pros Cons SITE 1: Existing Site — ■ Existing Use • Property purchase Expand to North . Minimal Natural including relocations environment impacts ($8-$10M) ■ 1-5 on one side Site is not level ■ Construction staging • Apartments to south SITE 2: Steel Lake Park • City owned property • Loss of park amenities Annex • Flat site needs to be mitigated • Compatible surrounding land use (school to south — buffered to west) SITE 3: Private • No impacts to existing ■ $16M+ property cost Property use • Wetland mitigation Undeveloped • Good arterial access required • Residential use surrounding • Lost opportunity for other development After review of all site selection factors and the elimination of Site 4 from consideration, Site 2 became the preferred alternative in the "Operations and Maintenance Facility Development Report." f httns://www.eitvaffederalwav_com/sites/defau [Uf7 ies/Documents/�DCDartineiltll'\k"/O 1UIFac i 1 ity Site SelectionReport 122021.pdf ).Although loss of Parks property and amenities is not ideal, the primary facilities lost are mitigatable. The skate park can be relocated to another Park, and the two small baseball fields use can be offset by adding amenities (such as lighting) to the newly improved Lakota baseball fields (thereby extending hours of available use). Site 2 provides opportunities to stage construction most efficiently by completing construction on the new site while maintaining operations at the existing site. Site 2 does not require displacement of people and loss of homes (and associated relocation). Site 2 also is the least expensive of all of the options with opportunity to leverage city -owned property toward the financial package. Upon confirmation of site selection, preliminary design will continue to confirm the scope and budget and funding package. Implementation schedule will require around eighteen months of design and permitting followed by twelve months of construction. The goal is to be ready to move in by Spring of 2025. Rev 7/18 COUNCIL MEETING DATE: .................. ... — ITEM #: 10a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2021-2022 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2021-2022 Biennial Budget amendment to the adopted budget? COMMITTEE: FEDRAC MEETING DATE: MAY 24, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Groom, Finance Director _ DEPT: Finance Attachments: 1. Staff Report 2. Ordinance 3. Exhibit A, Exhibit B, Exhibit C, and Exhibit D Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: (fAPS61.mm- LJ1_ DIRECTOR APPROVAL: (:10 5 j 0'bI Z'Z- COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to the June 7, 2022 Council Meeting for a public hearing and first reading of proposed ordinance. Ca mittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JUNE 07, 2022): "I move to forward the proposed ordinance to the June 21, 2022, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JUNE 21, 2022): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # VYWAW ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY of Federal Way Centered on Opportunity MEMORANDUM DATE: May 24, 2022 TO: Finance, Economic Development & Regional Affairs Committee Members VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2021/2022 Budget Amendment This ordinance is to amend the budget to reflect subsequent changes that have occurred during the year, and carryforward of projects or items that are upcoming in 2022. Some adjustments are for council -approved items that simply need an accompanying budget amendment. All departments have accumulated needed budget changes that respond to circumstances that were not known at the time of the last budget amendment. Finance has reviewed, consolidated for all funds and recommends approval. Background Information: The 2021/2022 Adopted Budget was approved and adopted on December 15Y, 2020. The 2021/2022 budget was amended on June 151h, 2021 and December 7th, 2021 to reflect December 2020 ending fund balance, roll over appropriation for projects that were not completed, and to fund changes that had occurred during the year. Financial Impacts: Major Adjustments in the General Fund Includes: Description 2022 Office Tech II - Community Development $ 47,025 Language Line Services 3,900 Housing Action Plan Implementation - Dept. of Commerce Grant 100,000 TC-3 Development Plan (Via Contract) 110,000 Increase in professional services for Interpreters 21,152 Therapeutic Courts services - AOC Grant 271,776 ARPA Expenditures carryover 18,967,567 Portable Surveillance Trailers (2) - Restricted State Seizure Funds 105,306 Zero Electric Motorcycles (2) - Restricted State Seizure Funds 49,100 OCourt System & PBK Software for Law 54,358 Transfer Out to Street Fund 342,683 Transfer Out to Strategic Reserve & Parks Reserve Fund 5,690 Total $ 20,078,557 Rev 7/18 Maior Rdiustments in Non -General Funds Includes: Description 2022 Fund Syncho Software Upgrade $ 13,000 101 Street Fund (Price increases in pavement marking materials 20,000 101 Street Fund (Emergency operations expenses for salt, supplies, and staff overtime 162,956 101 Street Fund Arterial Street Overlay program 340,806 102 Art. Overlay Fund Transfer out to FWCC & DBC Funds 74,899 103 UTAX Fund Solid Waste services funded by grants 135,780 106 Solid Waste & Recycling Fund Increase in neighborhood traffic safety projects 8,400 112 Traffic Safety Fund Transfer out to Transportation CIP for Street Light LED conversion 781,454 113 Real Estate Excise Tax Fund Arterial Street Overlay program for residential streets Carry -Forward 518,862 116 SWR 10% UTAX Fund Paths and trails transfer out to transportation capital project 30,000 120 Paths & Trails fund Amanda 7 Upgrade Carry -Forward 50,000 121 Technology Fund 'Transfer out to transportation project for ADA retrofits 200,000 301 Downtown Redevelopment Fund Carryover of Surface Water Management capital projects 2,563,080 304 SWIM CIP Fund Carryover of Transportation capital projects 16,676,543 306 Transportation CIP Fund Water Quaility outreach services funded by grant 50,000 401 SWIM Fund Transfer out to Surface Water Management capital projects 100,000 401 SWIM Fund Ocourt System 151,300 1 502 IT Fund PBK Software System 94,100 502 IT Fund PSERN Radio Upgrade/Buyback 190,000 502 IT Fund Police radars/lidars, bicycles, alternate light source for crime scene, and two Police vehicles 199,500 504 Fleet & Equip. Fund Total $ 22,360,680 Rev, 7/18 ORDINANCE NO.22- AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2021-2022 Biennial Budget. (Amending Ordinance No. 20-903, 21-916, and 21-924) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2021-2022 fiscal biennium have been prepared and filed on September 15, 2020 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies' of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on November 3 and November 16, 2021, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 1, 2020 (attached Exhibit A), and amended the budget on June 15, 2021 and December 07, 2021 (attached Exhibit B and Exhibit Q. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2021-22 BudetAmendment. That the budget for the 2021-2022 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit D ("2021-2022 Amended Budget"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Ordinance No. 22- Page 1 of 7 Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this _day of June, 2022. [signatures to follow] Ordinance No. 22- Page 2 of 7 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 3 of 7 EUIBITA 2021-2022 Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 9,713,168 $ 49,463,473 S 49,651.198 S 9.525,443 $ 48,162.125 S 48,687,568 S 9,000,001 Special Revenue Funds: Street 500,000 5,154,613 4,927,382 727.231 4,549.437 4,776,669 500,000 Arterial Street 502,618 3.018,000 3,047,184 473,435 3,018,000 3,051,111 440,324 Utility Tax 1,506,932 12,104,294 12,058,633 1,551593 12:104,294 12.034.394 1,622,493 Sales/Use Tax -Ord. & Supprt. Housing _ - Solid Waste/Recycling 166,146 556,330 545,844 176,632 556.330 545,844 187,119 Special Contract/Studies 341,927 - 341,927 - 341,927 HoteVMotel Lodging Tax 1335,006 155,000 155.000 1,335,006 155,000 155.000 1,335,006 Community Center 1,500,000 2,252,875 2.245,642 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 270,442 2,885,942 2,736,856 419,528 2,885,942 2,775,519 529,951 Utility Tax Proposition 1 1,02T013 4.070,141 4,097,154 1,000.000 4.170,276 4,170,276 1,000,000 Performing Arts & Event Center 0 2.299,757 2,299,757 - 2,299,757 2,299,757 0 Community Development Block Grant 21,251 1,843,010 1,843,010 21,251 758,323 758,323 21.251 Paths and Trails 1,360,437 169,000 200,000 1,329,437 169,000 - 1,498,437 Technology 91,136 146,716 181,000 56,852 149250 14,300 191,802 .tail Service 3,303,463 3,303,463 - 3,319,584 3,319,594 Strategic Reserve 3,599,800 2,000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,130,793 5,000 1,135,793 5,000 15,793 1.125,000 Debt Service Fund 3.322,342 17,366,390 17,434,315 3,254,417 1569,426 3,093 264 2,730,578 Capital Project Funds: Real Estate Excise Tax 2,070,443 3,670,000 3,973,018 1,767,426 3,670,000 3,437,426 2,000,000 Downtown Redevelopment 3,426,754 600,000 2,826,754 205,000 2,621,754 Municipal Facilities 289,595 1,000 - 290,595 1,000 115,000 176,595 Parks 1,641,591 - 190.000 1,451,591 - 375,000 1,076,591 Surface Water Management 1,869,432 447,568 2,317,000 - 2,060,000 1,767,000 293,000 Transportation 4,199,189 12,988,000 11,176,972 6,010,217 5,570,000 7,773,566 3,806,651 Capital Project Reserve 367,936 - 367,936 - 367,936 Enterprise Fund: Surface Water Management 2,592,114 5,941,201 5,502,041 3,031,274 4,930,775 6,116,029 1,846,020 Dumas Bay Centre 1,500,000 900,871 900,872 1,500,000 930.211 930,210 1,500,000 Internal Service Funds: Risk Management I.00,000 1,196,040 1,475.512 920,528 1,1%,040 1,486,275 630293 Information Technology 3.640,480 2,929,180 2,875,652 3,694,008 2,720,687 2,707,608 3,707,088 Mail& Duplication 205,164 135,947 126,892 214,219 135,947 185,007 165,159 Fleet REquipment 7,515,027 2,846,144 3,129,104 7,232,067 2,300,644 1,919,901 7,612,809 Buildings R Furnishings 2,763,525 490,355 1,150,108 2,103,772 490,355 594,127 2,000,000 Health Insurance 3,367,672 5,138,041 5,427,967 3,077,746 4,966,800 5,256,726 2,787,820 Unemployment Insurance 258,701 5,299 10,000 1 254,000 6,000 10,000 250.000 Grand Total All Funds S 63,296,634 $ 141,485,650 S 144,183,374 $ 60,598,909 S 116,601,304 $ 121,334,609 S 55,865,605 Ordinance No. 22- Page 4 of 7 EXHIBIT B 2021-2022 Amended Budget 2021 2022 Beginning Fund Beginning Fund Fnding Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund S 12,075,815 S 68,905,248 S 70,931,502 S 10,049,561 $ 48,162,125 $ 49,211,686 S 9,000,001 Special Revenue Funds: Street 500,000 5,229,613 5,002,382 727,231 4,549,437 4,776,669 500,000 Arterial Street 1,398,599 1,518,000 1,547,194 1,369,415 1,518,000 1,551,111 1,336,305 Utility Tax 2,198,214 10,604,294 10,712,272 2,090,236 10,604,294 10,534,394 2,160,136 Sales/Use Tax -Affrd, & Supprt. Housing 125,151 125,000 250,000 151 125,000 125,000 151 Solid Waste/Recycling 213,550 556,330 545,844 224,036 556,330 545,844 234,523 Special Contract/Studies 817,918 - 450,000 367,918 - 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1,441,177 Community Center 1,500,000 2,285,575 2,278,342 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 1,216,159 2,885,942 2,736,856 1,365,245 2,985,942 2,775,519 1,475,668 Utility Tax Proposition 1 1,332,301 4,070,141 4,097,154 1,305,288 4,170,276 4,170,276 1,305,288 Perfomling Arts & Event Center - 2,403,722 2,403,722 0 2,415,968 2,415,968 0 Community Development Block Grant 30,805 2,470,620 2,470,620 30,805 1,385,933 1,385,933 30,805 Solid Waste 101%Utility Tax - 2,000,000 2,000,000 - 2,000,000 2,000,000 Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 1,626,063 Technology 116,999 146,716 206,000 57,715 149,250 39,300 167,665 Jail Service - 3,303,463 3,303,463 - 3,319,584 3,319,584 Strategic Reserve 3,599,800 Z000 601,800 3,000,000 2,000 2,000 3,000,000 Parks Reserve 1,131,684 5,000 1,136,684 5,000 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 3,670,000 3,973,018 2,579,419 3,670,000 3,437,426 2,811,993 Downtown Redevelopment 3,468,714 - 600,000 2,868,714 205,000 2,663,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 i 210,000 1,708,167 - 375,000 1,333,167 Surface Water Management 1,820,800 3,304,569 5,125,369 - 4060,000 1,767,000 293,000 Transportation 4,760,978 13,658,400 11,897,372 6,522,006 5,570,000 7,773,566 4,318,440 Capital Project Reserve 369,862 - 369,862 - 369,962 Fnterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 4,930,775 6,151,029 691,863 Dumas Bay Centre 1,500,000 1,012,330 942,431 1,569,899 930,211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,196,040 1,475,512 920,528 1,196,040 1,486r75 630,293 Information Technology 3,857,395 2,929,180 2,920,652 3,865,923 Z720,687 2,812,608 3,774,003 Mail & Duplication 273,277 135,947 126,892 282,332 135,947 185,007 233,272 Fleet & Equipment 7,572,422 2,946,144 3,377,386 7,041,180 2,300,644 1,919,901 7,421,922 Buildings & Furnishings 2,952,555 490,355 1,150,108 Z292,802 490,355 594,127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unemployment Insurance 275,397 5,299 10,000 270,696 6,000 10,000 266.6% Grand Tolal All Funds $ 72,206,886 S 164,530,560 S 171,711,103 1 $ 65,026,342 $ 116,470,125 $ 121,962,448 1 $ 59,534,019 Ordinance No. 22- Page 5 of 7 EXHIBITC 2021.2022 Mid -Year Amended Budget 2021 2022 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,075,815 $ 70,611915 $ 72,549,320 $ 10,139,410 $ 50,229,117 $ 50,875,028 $ 9,493,500 Special Revenue Funds: Street 500.000 5,272,613 5,059$2 712,931 4,638,586 4,851,518 500,000 Arterial Street 1,398,599 1,518,000 2,357,184 559,415 1,518,000 1,737,111 340.305 Utility Tax 2,198,214 10,904,294 11,170,035 1,932,473 10,604,294 10,736,767 1,800,000 Sales/Use Tax- Affrd. & Supprt. Housing 125,151 125,000 125.000 125,151 125,000 250,000 151 Solid Waste/Recycling 213,550 556,330 545,844 224,036 556.330 545.844 234,523 Special Contract/Studies 817,918 817,918 - 450,000 367,918 Hotel/Motel Lodging Tax 1,441,177 155,000 155,000 1,441,177 155,000 155,000 1;441,177 Community Center 1,500,000 1085,575 2,078,342 1,507,233 2,749,102 2,756,334 1,500,000 Traffic Safety Fund 1,216,159 3,343,705 31359,864 1,200,000 3,521,323 3,5211323 1,200,000 Utility Tax Proposition 1 1,332,301 4,240,141 4,097,154 1,475,288 4,170,276 4,170,276 1,475,288 Performing Arts & Event Center - 2,744,118 2,506,582 237,536 2,631,641 2,631,641 237,536 Community Development Block Grant 30,805 1,624,487 1,624,487 30,805 2,232,066 2,232,066 30,805 Solid Waste 10%Utility Tax - 2,000,000 1,100,000 900,000 2,000,000 2,900.000 Paths and Trails 1,488,063 169,000 200,000 1,457,063 169,000 1,626,063 Technology 116,999 146,716 61,000 202,715 149,250 234,300 117,665 Jail Service - 3,303,463 3,303,463 - 1,819,584 1,819,584 Strategic Reserve 3,599,800 2,000 601,800 3,0001000 2,000 2,000 3,000,000 Parks Reserve 1,131,684 5,000 1,136,684 5,000 15,793 1,125,891 Debt Service Fund 3,569,746 17,366,390 17,434,315 3,501,821 2,569,426 3,093,264 2,977,982 Capital Project Funds: Real Estate Excise Tax 2,882,436 5,070,000 3,973,018 3,979,419 3,670,000 5,207,986 2,441,433 Downtown Redevelopment 3,468,714 600.000 600,000 3,468,714 205,000 3,263,714 Municipal Facilities 290,105 1,000 291,105 1,000 115,000 177,105 Parks 1,918,167 - 266,000 1,652,167 180,000 595,000 1,237,167 Surface Water Management 1,820,800 3,304,569 5,125,369 2,060,000 1,767,000 293.000 Transportation 4,760,978 14,735,628 13,519,600 5,977,006 8,336,560 9,597,566 4,716,000 Capital Project Reserve 369,862 - 369,862 - 369,862 Enterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 1,912,117 5,018,912 6,241,029 690,000 Dumas Bay Centre 1,500,000 752,330 682,431 1,569,899 930,211 1,000,110 1,500,000 Internal Service Funds: Risk Management 1,200,000 1,776,787 2,056,259 920,528 1,421,697 1,714,379 627,946 Information Technology 3,857,395 2,915,802 2,917,274 3,855,923 3,014,687 3,106,608 3,764,003 Mail & Duplication 273,277 135,947 128,277 280,947 135,947 185,007 231,887 Fleet & Equipment 7,572,422 2,846,144 3,493,644 6,924,922 4,092,644 3,711,901 7,305,664 Buildings & Furnishings 2,952,555 490,355 1,150,108 2,292,802 490,355 594,127 2,189,030 Health Insurance 3,189,939 5,138,041 5,427,967 2,900,013 4,966,800 5,256,726 2,610,087 Unemployment Insurance 275,397 105.299 110,000 270,696 6,000 10,000 266.,696 Grand Total All Funds $ 72,206,886 $ 169,987,850 $ 174,926,959 $ 67,267,776 $ 124,169,807 $ 132,285,286 1 $ 59,151,297 Ordinance No. 22- Page 6 of 7 MIBITD 2021-2022 Amended Budget 2021 2022 Beginning Fund Beginning Fund Fnding Fund Fund Balance Revenue Fxpenditure Balance Revenue Fxpenditure Balance General Fund $ 12.075,815 S 70,612,915 S 72,549,320 S 20,773,125 S 60.269.081 S 70,953.585 $ 10.088,622 Special Revenue Funds: Street 500.000 5.272.613 5.059.682 566,204 4,981,269 5.047.473 500.000 Arterial Street 1.398.599 1,518,000 2,357.184 659,917 1.518,000 2.077.917 100.000 Utility Tax 1198.214 10.904,294 11.170.035 3.593.005 10,604,294 10.811.666 3.385.633 Sales/Use Tax -Affrd. & Supprt. Housing 125.151 125,000 125,000 255.702 125,000 250.000 130.702 Solid Waste/Recycling 213,550 556,330 545.844 261.326 692.110 681.624 271,812 Special Contract/Studies 817,918 - 882,890 - 450,000 432-890 Hotel/Motel Lodging Tax 1.441.177 155,000 155,000 1,602.856 157.305 155,000 1,605,161 Community Center 1,500.000 2,085.575 2078,342 1,502,625 2754,102 2.756,334 1,500.393 Traffic Safety Fund 1.216.159 3.343.705 3359.864 2,132,495 3.521.323 3,529,723 2,124,095 Utility Tax Proposition 1 1332.301 4.240.141 4.097,154 1,263,679 4,170.276 4.170,276 1,263,679 Performing Arts & Event Center - 2,744,118 2,506,582 873.591 2.631.641 2,631,641 873,591 Community Development Block Grant 30.805 1.624.487 1.624,487 28.269 2.232,066 2,232.066 28.269 Solid Waste 10%Utility Tax - 2,000,000 1,100,000 1,418,862 2,000.000 3,418,862 (0) Paths and Trails 1.488.063 169.000 200,000 1.585,150 169,000 30,000 1.724.150 Technology 116,999 146,716 61,000 295,110 149,250 284300 160.060 Jail Service - 3303,463 3,303,463 164,252 1,819,584 1,819,584 [64.252 Strategic Reserve 3,599,800 2.000 601,800 2.999,001 3,000 2000 3,000,001 Parks Reserve 1,131,684 5,000 • 1.131,994 9,690 15.793 1,125,891 Debt Service Fund 3,569.746 17366390 17,434,315 3,671022 2,569,426 31093,264 3,148,184 Capital Project Funds: Real Estate Excise Tax 2882436 5,070,000 3,973,018 4,084,586 4,451,454 5,989,440 2,546,600 Downtown Redevelopment 3,468,714 600,000 600,000 3,900,123 - 405.000 3,495,123 Municipal Facilities 290,105 1,000 290,185 1,000 115.000 176,185 Parks 1,918,167 266,000 1,967,896 180,000 595.000 1.552,8% Surface Water Management 1,820,800 3,304,569 5.125,369 3,545,971 2,528,405 4,330,080 1,744.2% Transportation 4,760,978 14,735,628 13,519,600 8,466.404 18,933,431 26.274,109 1.125.726 Capital Project Reserve 369,862 - 369,963 369,953 Fnterprise Fund: Surface Water Management 3,118,858 5,941,201 7,147,942 2,777,142 5,068.912 6,391,029 1,455,025 Dumas Bay Centre 1,500.000 752,330 682431 1,500,001 1,000,110 1,000110 1,500,000 Internal Service Funds: Risk Management 1.200,000 1.776,787 2,056,259 1,271,019 1.540,109 1,714,379 1.0%,749 Information Technology 3,857,395 2,915,802 2,917,274 4,236,908 3,069,045 3.542,008 3.763,945 Mail & Duplication 273,277 135.947 128,277 304,979 135,947 185,007 255,919 Fleet & Equipment 7.572422 2,846.144 3,493,644 7,557,939 4,092.644 3,911,401 7,739,182 Buildings & Furnishings 2,95Z555 490355 1,150,108 2.265,683 490355 594.127 2,161,911 Health Insurance 3,189,939 5,138,041 5,427,967 3,770,611 4,966,800 5.256,726 3,480,685 Unemployment Insurance 1 275,397 105.299 110,000 315,846 6.000 10,000 311.946 Grand Total All Funds I $ 72,206,886 S 169,987,850 $ 174,926,959 S 92,287,328 $ 146,840,628 $ 174,724,523 $ 64,403,433 Ordinance No. 22- Page 7 of 7