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PRHSPSC PKT 06-13-2023
cIry or low Federal Way Parks, Recreation, Human Services & Public Safety (PRHSPS) Council Committee Regular Meeting Agenda I (June 13, 2023 City Hall I 5:00 p.m. Council Chambers* The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view meetings online, agenda materials, and access public comment sign-up options please visit www.cityoffederalway.com. *Remote attendance options available via Zoom meeting code: 691 054 979 and passcode: 442570 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of May 9, 2023 Minutes 3 Action N/A B. Report on PAEC Operations Hoffman 5 Information N/A C. Local and Regional Use of the Sequential Intercept Larson N/A Information N/A Model D. Request to Transition the Housing Repair and Minor Glandon 9 Action Consent Home Programs to Third -Party Vendor(s) and Solicit 6/20/23 Proposals E. Jail Services Interlocal Agreement — Kent City Jail Schwan 13 Action Consent 6/20/23 F. Police Services Agreement with Commons Mall, MGP XI Hwang 25 Action Consent Commons West, LLC 6/20/23 G. Police Services Agreement with Commons Mall, MGP XI Hwang 33 Action Consent Commons FW, LLC 6/20/23 H. City Access Control Upgrade RFP Award Fichtner 41 Action Consent 6/20/23 I. Interlocal Agreement with Public Health of Seattle -King Spaulding- 69 Action Consent County for the South King County Mobile Medical Klewin 6/20/23 Program Committee Members City staff Jack walsh, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Erica Norton K:\PRHSPS Committee\2023\06-13-2023 Agenda.doc Topic Title/Description Presenter Page Action Council or Info Date J. South King Housing Partners (SKHHP) 2024 Work Plan Bridgeford 83 Action and Budget K. King County Regional Agreement Opioid Abatement Bridgeford 93 Action Council Interlocal Agreement L. Security Services for Parks and Facilities Gressett 103 Action M. Parks, Recreation & Open Space Plan (PROS) update, Gerwen 127 Action Brooklake & Steel Lake Master Plans N. Federal Way Community Center Locker Room Gerwen 145 Information Assessment Consent 6/20/23 Consent 6/20/23 Consent 6/20/23 Consent 6/20/23 N/A 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be July 11, 2023 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Jack Walsh, Chair Lydia Assefa-Dawson Erica Norton City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2023\06-13-2023 Agenda.doc City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee May 09, 2023 City Hall 5:00 P.M. Council Chambers MEETING SUMMARY Committee Members in'Attendance: Committee Chair Jack Walsh, and Council Member Lydia Assefa- Dawson Committee Member in Attendance via Zoom: Council member Erica Norton Other Councilmembers in Attendance: Council President Linda Kochmar and Deputy Mayor Susan Honda Staff in Attendance: Deputy Parks Director Jason Gerwen, Assistant City Attorney Joanna Eide, Commander Cary Murphy, Community Relations Liaison/Contract Administrator Autumn Gressett, and Administrative Assistant II Mary Jaenicke. Guest: General Manager Oakview Group Brian Hoffman CALL TO ORDER: 5:00 PM 2. PUBLIC COMMENT: None 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: April 11, 2023 Committee approved the April 11, 2023 PRHSPSC minutes as written. ® Moved: Assefa-Dawson Seconded: Norton ■ Passed: 3-0 unanimously B. Report on PAEC Operations: Presented by General Manager Oakview Group Brian Hoffman General Manager Brian Hoffman's presented the March 2023 PAEC operations. His presentation included event space rentals, theater rentals that were held and meetings that General Manager Brian Hoffman attended. There were two sold out shows and one show that was at 90% capacity. Repairs on the HVAC are ongoing. Inspections included the kitchen hood and stage rigging. General Manager Brian Hoffman also provided financial information comparing March 2022 vs March 2023. There were more event days in March of 2022, than in March of 2023, however the events in March 2023 were more profitable. Total gross ticket revenue and total gross rental revenue were almost doubled in 2023. There are several upcoming shows for the month of May. Questions and discussion followed. Committee Members City Staff Jack Walsh, Chair 3 John Hutton, Parks Director LydiaAssefa-Dawson, Member Maly Jaenicke, Administrative Assistant 11 ,mica Norton, Member C. Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Grant Program general grant application and acceptance on behalf of the Puget Sound Auto Theft Task Force: Presented by Commander Cary Murphy. Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft Prevention Authority (WATPA). Federal Way is the lead agency for PSATT and handles the financial processing for the Task Force. PSATT was formed in 2017 and it is a multi jurisdictional team that focuses on investigating and enforcing laws related to auto theft. The PSATT is requesting $3,392,358.00; these funds are divided between all of the participating jurisdictions. Majority of the funds will be used for personnel/employee expenses. Questions and discussion followed. Motion to forward the proposed grant application and acceptance if awarded on behalf of PSATT to the May 16, 2023, consent agenda for approval. Moved: Norton - Seconded: Assefa-Dawson ® Passed: 3-0 unanimously D. MacDonald Miller HVAC Maintenance Agreement, Amendment No. 2: Presented by Parks Deputy Director, Jason Gerwen. Staff is asking Council to authorize an amendment to the MacDonald -Miller contract for HVAC maintenance for Federal Way City Hall and the Federal Way Community Center to increase the compensation to meet the new prevailing wage rates. State law requires local government contractors and subcontractors to pay prevailing wage rates to all workers for public works and maintenance contracts. This contract reflects a 12% increase to what we are currently paying. The amount being added to the contract is $193,567.56 for a total contract amount of $690,004.66. Questions and discussion followed. Motion to forward the proposed 2023 Diversity Commission Work Plan to the April 18, 2023 consent agenda for approval. Moved: Assefa-Dawson Seconded: Norton ® Passed: 3-0 unanimously 2AWGIMS A. Council President Kochmar asked Parks Deputy Director, Jason Gerwen when the slide project at the Federal Way Community Center would be completed. He answered that they are working through the process. This was supposed to be a six-month project, there have been several setbacks and challenges. The original delay had to do with major rebar structural problems with the main pool that were not anticipated. The second major delay was due to some challenges with the contractor. Permitting delays occurred due to untimely submittal and the need for third party review of those plans. Barring any further issues or delays the contractor has indicated that all tasks will be completed the last week of June and hopefully a reopening at the beginning of July. 5. FUTURE MEETING: The next PRHSPSC meeting will be held June 13, 2023 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURNMENT: The meeting was adjourned at 05:35 p.m. Committee Members City staff Jack Walsh, Chair 4 John Hutton, Parks Director Lydia Assefa-Dawson, Member Mary Jaenicke, Administrative Assistant II Erica Norton, Member COUNCIL MEETING DATE: N/A ITEM #: N/A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REPORT ON PAEC OPERATIONS POLICY QUESTION: N/A COMMITTEE: PRHSPS MEETING DATE: 6/13/2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other — Information Only STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks/PAEC Attachments: REPORT ON PAEC OPERATIONS Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (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 # 5 Performing Arts and Event Center Monthly Report —April 2023 P_resented_at_P_arks,_Recr_eation,_Human_Ser_vices_&_P_ublic Safety Committee June 13, 2023 5:00pm • Total Usage Days —April 2023 15 • Theater Rentals/PAEC Presents Held in April • Always Patsy • Spanish Congregation of Jehovah's Witnesses ■ FW Symphony Performance (+2 rehearsal days) ■ Colin Haye Concert ■ Punjabi Versa Concert ■ Auburn Symphony Performance (+2 rehearsal days) • 4 rehearsals of FW Youth Sympony • Event Space Rentals Held in April • Greater Federal Way Chamber Luncheon • PNW Software riser Group Banquet • Retirement Party ■ Celebration of Life • GM — participated in Bi-Weekly regional GM conference calls • GM — participated in PAEC Foundation Monthly Board meeting • OVG Bi-Weekly regional booking calls, Bi-Weekly national booking calls • Monthly OVG Theater booking call • Monthly corporate finance call • Monthly LTAC committee meeting • Attended City Council Meeting • Attended Monthly Arts Commission Meeting • Stage painting complete • Landscaping work done through Parks Appreciation Day April Marketing Recap Website Metrics Radio Sessions 7.6K Audacy Total Pageviews 13k KNKX Traffic up 77% Email Statistics Print FW Mirror Messages Sent 32,778 Auburn Reporter Renton Reporter Open Rate 54% Kent Reporter Click Rate 33% TV Cascade Social Media (Facebook) last 28days Page Followers 4055 Digital_ FB, Instagram Page Reach 331,589 Seattleweekly.com Paid Reach 71,320 Paid Impressions 41k Seattle Times Audience 74.6% Women The Ticket 25.4% Men. Visit FW City 30.9% Fed Way Seattle South Side 9% Tacoma 6 1 Performing Arts and Event Center Monthly Report — April 2023 6% Seattle 4.8% Auburn April 2022 April 2023 Total Rehearsal Days 9 8 Ticketed Events 8 4 PAEC Presents Series 6 2 Arts 4 Youth Matinees 0 0 Meetings/Banquets 2 6 Total Number of Event Days 17 16 Total Number of Tickets Sold 1815 1420 Total Gross Ticket Revenue $118,686.00 $71,548.00 Total Gross Rental Revenue $55,343.00 $36,520.00 Total Gross Food & Beverage Revenue $9,360.00 $21,843.00 "Federal Way Youth Symphony Rehearsals per MOU are at no cost to RAO Approximate cost to the PAEC per week: $155 in Labor +$250 per rehearsal day in Utilities = $405 Four times per month = $1620/month. (Approximate yearly cost $19,440.00) this is just rehearsals and does not include 3 performances per year. UPCOMING EVENTS June 2-4—Arts Explosion June 5 - Chamber Luncheon June 9 — FW Public Schools Graduation(s) 4 June 10 — WNBF/INBF Classic June 11— WA Chamber Ensemble June 16 — Piff the Magic Dragon June 19-20 - GRE SPARKE Event June 22-23 - Acts on Stage June 24 — Celebration of Life Event CITY OF .. Federal Way Centered on Opportunity This page was intentionally left blank. COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST TO TRANSITION THE HOUSING REPAIR AND MINOR HOME PROGRAMS TO THIRD -PARTY VENDOR(S) AND SOLICIT PROPOSALS POLICY QUESTION: Should the City Council approve seeking proposals for the operation of the Housing Repair Program and Minor Housing Repair Program, moving both programs to a third -party subrecipient for implementation? COMMITTEE: PRHSPSC CATEGORY: MEETING DATE: June 13, 2023 ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Glandon DEPT: Community Development Attachments: 1. Staff Report Options Considered: 1. Approve the proposed Transition of Housing Repair Program to Third -Party Vendor. 2. Do not approve proposed Transition of Housing Repair Program to Third -Party Vendor and provide direction to staff. MAYOR'S RECOMNENP4TION: Option 1. MAYOR APPROVAL: / DIRECTOR APPROVAL: C nt Rcc Cou ci Initial/Date Initial/Date Nkiall1 COMMITTEE RECOMMENDATION: I move to forward the transition of the Housing Repair Program as proposed to the June 20, 2023, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the transition of the Housing Repair Program as proposed. " (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 # 0 CITY OF FEDERAL WAY MEMORANDUM DATE: Tuesday, June 13, 2023 TO: Parks, Recreation, Human Services & Public Safety Committee FROM: Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator Amy Glandon, Executive Assistant to Council avill SUBJECT: Request to Transition the Housing Repair and Minor Home Programs to Third - Parry Vendor(s) and Solicit Proposals Financial Impacts: The cost to the City for the Housing Repair Program and the Minor Home Repair Program was included within the approved Community Services Division budget under Community Development. In accordance with the approved budget, the Housing Repair Program is funded by Community Development Block Grant (CDBG) in the amount of $175,000 in a typical year(less in recent years due to delays resulting in the availability of additional funding from prior years. Minor Home Repair will be funded at $100,000 pending the Department of Housing and Urban Development (HUD) approval of the 2023 Annual Action Plan. The first competitive selection process would include approximately $100,000 for Minor Home Repair and $150,000 for Housing Repair, dependent on year-to-date expenditures and current projects. Upon selection of a subrecipient to administer and implement the program, future costs would continue to be funded by the CDBG program. Background Information: The City of Federal Way proposed transitioning to a direct CDBG entitlement with HUD to the City Council in March, 2011. The Council approved allocating funds to the newly created Housing Repair Program with specific parameters with final approval and adoption occurring in the fall of 2011. Accordingly, the City of Federal Way began offering its own specialty program dedicated to the repairs and rehabilitation of current housing within the city limits in 2012. The current Housing Repair Program focuses on larger and more significant repairs such as roof replacements, water heater replacements, water line repair and new installations, furnace replacements, and electrical repair, and new installations. Over the summer of 2022, a feasibility review was completed to expand the program to include a Minor Home Repairs division based on presumed benefit of clientele with the program being for older adults. The results of the feasibility study were brought before Council, and an approval to expand to a Minor Home Repair Program was granted in November of2022, to begin in 2023 once funding was released by HUD. Throughout the tenure of the Housing Repair Program, the City has faced challenges including the 10 Rev. 7/I 8 following: • Utilization of the Program from Homeowners in the City: The process for qualification is extensive for Housing Repair Program applicants and includes turning over many documents of personal information to a governmental entity. Although there are many phone calls of interest, due at least in part to the extensive nature of the application process, the number of qualified applicants has steadily declined over the last few years. This has limited the amount of funding that is used on this program and number of projects that are completed each year. • Procurement of Contractors: Because the program is supported with federal dollars, contractors must meet certain requirements to be eligible to perform work with the City's Housing Repair Program, including maintaining registration with Sam.gov and having an active Unique Entity Identifier (UEI). Additionally, the City's insurance requirements can be cost prohibitive for medium- and smaller -sized contractors. Most medium- and small -sized contractors may choose not to maintain a UEI without consistent, predictable work. Conversely, large -sized contractors who can afford the insurance and have a UEI have less interest in the relatively small projects that the City is able to fund through the program. Finding an eligible contractor and keeping them available with limited work is exceedingly difficult. City staff worked to locate contractors who expressed interest in the program and greatly expanded the contractor network. Despite this effort, of the three projects bid in 2022, two of them went out to bid three to four times due to lack of response from contractors because contractors are generally busy and the City does not have enough consistent work available to be considered a priority given the "smaller" size of the projects. • Scope of Projects Requested: Typically, the requests the City receives for housing repairs fall outside current program parameters. Examples of projects that do not qualify for the City's program include: exterior home repair including painting, siding, decking; or certain interior home repairs including painting, flooring replacement, heating upgrades, and bathroom upgrades. Considering the recent challenges in implementing the Housing Repair program, staff have considered alternate models for the Housing Repair Program. Alternatives are being considered for the Minor Home Repair Program as well, which was included in the 2023 Annual Action Plan and is awaiting approval and funding from HUD. Housing repair programs in the region have a few model types. The City of Federal Way's direct entitlement program utilized contractors. Larger programs such as the cities of Kent and Auburn have technicians on staff to complete the work and will access contractors when necessary for work that exceeds internal scope. Another model is to contract with a third -party vendor to operate the program, which is what Bellevue does as a direct entitlement city. Other cities elect not to receive CDBG as a direct entitlement and instead have King County implement programs such as housing repair. Most relevant to the City of Federal Way are programs offered by Kent, Auburn, and Bellevue as direct CDBG entitlement jurisdictions. Without significant increases to the housing repair budget and commitment to adding staff to implement the program, staff recommend a similar approach to the City of Bellevue's and propose soliciting proposals from eligible organizations to enter into a 11 Rev. 7/18 contract -to _operate the programs._ Organizations that focus -on housing repair -and -similar -types ofprojects-have-the consistency- of- work and broader contractor network to better implement such programs. Having an outside organization administer the Program will still allow the City to retain full visibility and control of the Program while still being able to take advantage of the contractor networks and consistency of work that will benefit the Program and Program recipients overall. As a result, the Community Development Department is proposing is to contract with a third party to administer the Housing Repair Program. Under this model, the third party will handle the qualification of the homeowners, scheduling of the projects, execution of the repairs, and inspections. The City of Federal Way would retain the environmental review process and deed restrictions for loan -based projects. If approved by Council, the City will competitively bid the Program to attempt to select a subrecipient to administer and implement the program. Subrecipients must be nonprofit organizations or other governments under federal requirements. The City would evaluate the effectiveness of a third -party subrecipient implementing the program and make a recommendation to continue with a third -party or return to direct City implementation and operation of the Program after two years. At their regular meeting on May 15, 2023, the Human Services Commission unanimously approved forwarding this proposal to the Parks, Recreation, Human Services & Public Safety Committee for approval by the Committee and ultimately the full City Council. 12 Rev. 7/18 COUNCIL MEETING DATE: June 20, 2023 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES INTERLOCAL AGREEMENT — KENT CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into an interlocal agreement with the Kent City Jail for jail services at the cost of approximately $350,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Kent City Jail Interlocal Agreement Options Considered: 1. Approve the Kent City Jail Interlocal Agreement. 2. Do not approve the Kent City Jail Interlocal Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: 1. Option 1 MAYOR APPROVAL: 5 5 3 DIRECTOR APPROVAL: Ca ni[I lniiial- atc [nitiall re lnitis/WO7� ilC)ate COMMITTEE RECOMMENDATION: I move to forward the Kent City Jail Interlocal Agreement to the .Tune 20, 2023, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Kent City Jail Interlocal Agreement and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE') COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 13 -CITY--OFFEDERAL -WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Interlocal Agreement — Kent City Jail Financial Impacts: The Kent City Jail is one of the jail services providers the City of Federal Way Police Department (FWPD) utilizes to house people FWPD arrests. The projected annual cost to utilize the Kent City Jail, based on a daily five (5) bed guaranteed rate plus additional fees (bookings over and above the minimum guarantee, medical and mental health fees, etc.) would be approximately $350,000.00. Background Information: On January 1, 2020, the Federal Way Police Department moved away from a sole source jail services provider and began utilizing multiple jail facilities to accommodate jail service needs, creating an overall annual savings of $2,085,672 to the jail budget. Since the transition, the FWPD has operated within the allocated budget in part due to the reduction of jail services during the COVID-19 pandemic. The Kent City Jail is one of the jail services providers utilized to house people arrested by FWPD and is a primary booking location for Federal Way in -custody arrests. This Interlocal Agreement will continue the jail services provided by the Kent City Jail for FWPD. 14 Rev. 7/18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of suspects and defendants held pending resolution of -misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant to this Agreement; and WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement that impose duties upon the court; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Federal Way and Kent as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to . provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the, incarceration of Federal Way Inmates as well as the responsibilities of Federal Way; and to set forth the fees to be paid by Federal Way for such services. 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. 2.1 Federal Way Inmate — Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of -a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and Jail Interlocal Agreement between City of Kent and Federal Way Page 1 of 9 15 regardless of whether the inmate has a -warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or removed -from custody on the charge. In the eventaninmate has both a- Kent -warrant -and a Federal Way warrant, Federal Way shall not be responsible for the booking fee. 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. Guaranteed Space shall include bed space on the hard -side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention ("EHD"). 2.3 Additional Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly basis. Jail space made available beyond the Guaranteed Space shall be referred to as "Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is requesting Additional Space, and Additional Space will be made available at the discretion of the KCF. In the event Additional Space is made available, the Additional Space shall be paid for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the incarceration of the Federal Way Inmate. Additional Space shall- be considered occupied if a Federal Way Inmate occupies bed space on the hard -side of the jail, or participates in KCF programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law. enforcement action that will likely result in a mass booking (i.e. the booking of three or more people)- and the need for more than normal Additional Space. 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with a list of Federal Way inmates. This list shall include a list of all Federal .Way inmates booked and/or released for the 24-hour period. 2.5 Terms, Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the -same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. 2.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, Jail Interlocal Agreement between City of Kent and Federal Way Page 2 of 9 16 Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain programs, such as EHD or work release, consistent with the rates charged to Kent inmate. 2.7 Medical Pro am. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72-hour notice period. 2.7.1 Medical Care Outside of KCF — Federal Wa Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service providers shall be forwarded to Federal Way for payment by Federal Way directly to the provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed by outside providers. 2.7.2 Medical TemporaryT,-mporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required to adopt the standards of release relating to medical temporary releases adopted by the Kent Municipal Court as now adopted or later amended. In the event KCF staff determines that a Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF staff may issue a medical temporary release that is consistent with the standards of release for the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow-up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. 2.7.3 Bookingof Ill or Iri ured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off -site. Federal Way shall not book into the KCF Federal Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. Inmates who are diagnosed with medical or mental health conditions that are stable through medication or treatment management will be accepted. It is not necessary for the inmate to have their prescribed medication with them at the intake process. In the event an inmates medical or mental health condition becomes unmanageable Federal. Way will make arraignments to relocate Jail Interlocal Agreement between City of Kent and Federal Way Page 3 of 9 17 the inmate. 2.-7-4 KCF Medial Transportation _ and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures (for example, inmates who are at a high risk of reoffending and ineligible for a medical temporary release pursuant to the adopted standards of release) are Federal Way's sole responsibility and shall not be included in the payment for Guaranteed Space. At each billing cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs shall be charged at a rate of $100 per hour. Time shall be charged in 15-minute increments rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $250.00 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the transport and supervision. 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to the KCF and from or, to other correctional facilities. The operational policies shall establish a regular and efficient schedule for the transportation of Federal Way Inmates to reduce the frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will result in the return of the Federal Way Inmate to the KCF is pending. For inmates who have both Kent and Federal Way cases, First Court appearance priority will be given to the arresting agency corresponding to that appearance. 2.9 Video. Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent Municipal Court shall have priority when establishing a time for video hearings. 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. 2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court Judge, Commissioner or Judge Jail Interlocal Agreement between City of Kent and Federal Way Page 4 of 9 18 Pro Tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of electronic transmission to the KCF. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that results in the unavailability of a Federal Way police or transport officer, inmates may be transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher which shall be invoiced in accordance with this Agreement. As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. 2.12 Use of Electronic Home Monitoring Contractor for Federal Wa Defendants not Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is not in the custody or control of KCF to use a provider of electronic home detention services other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate shall be considered a Federal Way Inmate and shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD program. The Federal Way judge shall not have the authority to designate a particular EHD program for any Federal Way inmate once the Federal Way inmate is in the custody or control of the KCF. 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. 3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of $825.00 per day ($301,125.00 per year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $21.25 per day for inmates on EHD, and $191.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who Jail Interlocal Agreement between City of Kent and Federal Way Page 5 of 9 19 occupies Additional Space for - any - period of a -day. - For example, and not by limitation, a Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00-p.m. and -released the following- Tuesday at-1:00-pmshall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 x $191.00, for a total of $382.00. 3.3 Booking. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of $40.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after a period in which he or she was not subject to confinement at the KCF or participating in a KCF jail program including KCF operated EHD. Federal Way Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. Bills of medical services provided by medical providers outside of the KCF as well as ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way 3.5 Annual Cost Inflator. On January 1, 2023, and on January 1 of each year thereafter that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle - Tacoma -Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle -Tacoma - Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in Sections 3.1-3.2 shall not be reduced. 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way Inmates who occupied the KCF during the quarter by name, as well as the number of days each Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. Jail Interlocal Agreement between City of Kent and Federal Way Page 6 of 9 20 The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start on January 1, 2023, and shall remain in effect through December 31, 2028. This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms shall be agreed to by the Parties by October 1 of the year in which the current term. 5.1. Early Termination without Breach. Should either party desire to terminate this Agreement absent a breach, a notice of termination shall be provided in writing to the other party no less than 180 days prior to the effective date of the termination. 5.2. Early Termination for Breach. In the event a party is in material breach of this Agreement, the non -breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non -breaching party. In the event Federal Way is the party in breach, Federal Way shall be subject to an early termination penalty of $24,750.00 for each month remaining in the duration of the Agreement. 6. INDEMNIFICATION. 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said suit; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Jail Interlocal Agreement between City of Kent and Federal Way Page 7 of 9 21 Parties shall -apportion any damages between them according -to the -proportionate amount of fault as set forth in the judgment. 6.3 The provisions of this Section shall survive termination of this Agreement. 7. MISCELLANEOUS. 7.1 Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 7.2 Property. This Agreement does not provide for the acquisition, holding. or disposal of real or personal property. 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in.RCW 39.34.030(4)(a). T4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire A eement. This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been prepared by both parties with advice of legal counsel and the legal doctrine of Contra Proferentem shall not be used against either party to resolve any dispute about the meaning of a provision. 7.7 Notices. Notices shall be sent to the following addresses: Mayor and Chief Administrative Officer and Police Chief Police Chief City of Federal Way City of Kent 33325 8th Avenue South, Suite 101 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 7.8 Attorne -'s Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a Jail Interlocal Agreement between City of Kent and Federal Way Page 8 of 9 22 dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 7.9 ' Severability. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. CITY OF FEDERAL WAY: CITY OF KENT: Jim Ferrell, Mayor Dated: Attest: Stephanie Courtney, City Clerk Dated: Approved as to Form: J. Ryan Call, City Attorney Dated: Jail Interlocal Agreement between City of Kent and Federal Way Page 9 of 9 Dana Ralph, Mayor Dated: Approved as to Form: Tammy White, City Attorney Dated: 23 CITY OF F-ede, a Centered on Opportunity This page was intentionally left blank. 24 COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL, MGP XI COMMONS WEST, LLC POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2023 and 2024? COMMITTEE: PRHSPSC CATEGORY: MEETING DATE: June 13, 2023 ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander DEPT: PD Attachments: 1. Staff Report 2. Services agreement for the Commons West Police Services 3. Exhibits A and B Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMEND TION: Option I. MAYOR APPROVAL' �/ DIRECTOR APPROVAL: j~ /6/" • C min lKil InitialMate Initial to lnitia}Ip COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # 25 - CITY -OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cary Murphy, Commander SUBJECT: 2023 - 2024 Police Services Agreement with the Commons Mall West Financial Impacts: MGP XI Connnons has asked that the Commons Mall Agreement be split into two agreements between MGP XI Cornmons West (10%) and MGP XI Commons FW 1'90%) due to a new corporate ownership structure. The revenue to the City for providing police services to the Commons Mall West will be $17,310.15 in 2023 and $18,002.55 in 2024. Funding from our agreement is credited to the PD budget line 001-0000-090-342-10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since the department was formed; we currently have three police officers with full-time positions at the mall. Our officers' focus at the Commons Mall is public safety. The officers also work with the Commons staff and stakeholders to foster a safe and friendly community environment. Additionally, officers develop crime -related problem -solving strategies with the management of the Commons and the vendors at the mall. They respond to in - progress and other crimes, take enforcement actions, conduct follow-up investigations, and provide training to store employees on how to file online police reports. This is a highly visible position, and our officers have positive interactions with mall visitors at special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2023, and ending December 31, 2024. Two agreements are being executed for this service due to the new ownership structure of the Commons Mall, but the total coverage of the agreements together is the same as prior agreements. 26 Rev. 7/18 CITY OF CITY HALL Federal � 33325 8th Avenue South • Box 9718 Federal Way, WA 98063-9718 18 (253) 835-7000 wwwcjWffederabvay.. com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons West, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: GP XI COMMONS WEST, LLC: 1928 S. Commons Suite B :Federal Way, WA 98003 253-275-6090 8 .com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 81h Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette. alien cityoffederalway. com 1. TERM. The term of this Agreement shall be for two years commencing on January 1, 2023. 2. SERVICES. The City shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) day's written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries of each officer assigned to the Property for the time periods that they are assigned there. The number of hours and total rate shall be as outlined in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice, and the Owner shall remit one -twelfth of the total yearly Compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, SERVICES AGREEMENT - 1 - 27 Clrr of 3CITY332 HALL r e a e ra i Way 33325 l y, WA 8063-South • 18 Box 9718 VZ*n:.k 4t Federal Way, WA 98063-9718 (253) 835-7000 wives. cilyoffederalmy. com demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. Both Parties agree to carry as minimum general liability insurance or comparable coverage through a municipal insurance pool in the amount of at least $2,000,000 single limit and $2,000,000 aggregate. Both Parties shall provide certificates of insurance or comparable proof of coverage through a municipal insurance pool, concurrent with the execution of this Agreement, evidencing such coverage and, at the other Party's request, furnish the other Party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the City obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sends a notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Owner's obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT GOMF.ACTOR. The Parties intend that the City shall be an independent contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in noway affect or SERVICES AGREEMENT - 2 - 28 CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98063-971818 (253) 835-7000 www cityoffederalway.. com invalidate any other provision hereof, and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect, and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forthherein. 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the notice's addressee or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by .this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] SERVICES AGREEMENT - 3 - 29 CITY OF CITY HALL 4r 3332Avenue South • Box 9798 Federal Way, WA 98063-9718 recie-rai Way 18 (253) 835-7000 www. cfiyoffederal way. corn — IN WI-TNESS, the Partiesexecutethis-Agreement-below,-effective the last -date written below. CITY OF FEDERAL WAY IM Jim Ferrell, Mayor DATE: MGP XI COMMONS WUST, LLC By: Printed Name: Title: DATE: STATE OF COUNTY OF ) ss. ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Clay Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SERVICES AGREEMENT - 4 - 30 CITY OF CITY HALL �� � ■ � ■� 33325 8th Avenue South • PO Box 971$ Fe VliiJ y Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com EXHIBIT "A" SERVICES 1. For the years 2023 and 2024, the City will provide Contract Officers for a total of ten (10) ten-hour shifts per week between MGP XI Commons FW, LLC and MGP XI Commons West, LLC. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both Parties. 2. The City will provide to the Property three (3) full-time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security orother police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignments, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments but may be rotated to address City needs or Owner interests. 3. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presence and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be. set in Exhibit B - Compensation, and may be reduced based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. SERVICES AGREEMENT - 5 - 31 'k CITY OF CITY HALL Feder ��� 3332Avenue South • Box 9718 Federaleral Way, WA 9$u63-9%18 1$ (253) 835-7000 www.a"ffedem4ay com EXHIBIT "B" COMPENSATION For 2023, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons West, LLC is Thirty -Four Thousand Six Hundred Twenty and 30/100 Dollars ($34,620.30). The Owner will pay half of this cost, totaling Seventeen Thousand Three Hundred Ten and 151100 Dollars ($17,310.15) in monthly installments. For 2024, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons West, LLC is Thirty -Six Thousand Five and 10/100 Dollars ($36,005.10) The Owner will pay half of this cost, totaling Eighteen Thousand Two and 551100 Dollars ($18,002.55) in monthly installments. SERVICES AGREEMENT - 6 - 32 COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL, MGP XI COMMONS FW, LLC POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2023 and 2024? COMMITTEE: PRHSPSC MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander DEPT: PD Attachments: 1. Staff Report 2. Services agreement for the Commons FW Police Services 3. Exhibits A and B 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 APPROVA�WfnitiaMUDate JC► �3 S Di RECTOR Coup i „n21iDa . Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 33 CITY -OF FEDERAL— WAY— - -- MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cary Murphy, Commander SUBJECT: 2023 - 2024 Police Services Agreement with the Commons Mall FW Financial Impacts: MGP Xi Commons has asked that the Commons Mall Agreement be split into two agreements between MCTP XI Commons `Jest (10%) and MGP XI Conumons FW (90%) due to a new corporate ownership structure. The revenue to the City for providing police services to the Commons Mall FW will be $155,791.35 in 2023 and $162,022.95 in 2024. Funding from our agreement is credited to the PD budget line 001-0000-090-342-10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since the department was formed; we currently have three police officers with full-time positions at the mall. Our officers' focus at the Commons Mall is public safety. The officers also work with the Commons staff and stakeholders to foster a safe and friendly community environment. Additionally, officers develop crime -related problem -solving strategies with the management of the Commons and the vendors at the mall. They respond to in -progress and other crimes, take enforcement actions, conduct follow-up investigations, and provide training to store employees on how to file online police reports. This is a highly visible position, and our officers have positive interactions with mall visitors at.special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2023, and ending December 31, 2024. Two agreements are being executed for this service due to the new ownership structure of the Commons Mall, but the total coverage of the agreements together is the same as prior agreements. 34 Rev. 7/18 - CITY OF CITY HALL �. 33325 South • Box 9718 Fe d e ra I Vila Federall Way, , WA WA 98063-971818 -• (253) 835-7000 wwwd"ffederalway com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: XI COMMONS FW, LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 sull ier.com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 81h Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette.allen@cityoffedei-alway.com 1. TERM. The term of this Agreement shall be for two years commencing on January 1, 2023. 2. SERVICES. The City shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) day's written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries of each officer assigned to the Property for the time periods that they are assigned there. The number of hours and total rate shall be as outlined in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice, and the Owner shall remit one -twelfth of the total yearly Compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, SERVICES AGREEMENT - 1 - 35 [I7r OF CITY HALL Federal Way Feder Avenue South • Box 9718 Federall Way, WA 98063-971818 (253) 835-7000 www.0yoflederalway com demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. Both Parties agree to carry as minimum general liability insurance or comparable coverage through a municipal insurance pool in the amount of at least $2,000,000 single limit and $2,000,000 aggregate. Both Parties shall provide certificates of insurance or comparable proof of coverage through a municipal insurance pool, concurrent with the execution of this Agreement, evidencing such coverage and, at the other Party's request, furnish the other Party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the City obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sends a notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement; or (b) the Owner's obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 IntWretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or SERVICES AGREEMENT - 2 - 36 CITY OF CITY HALL Federal 11'1lay Feder l Avenue South8063- • 18 Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 wwwd"ffedsralwaycom invalidate any other provision hereof, and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assipunent and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect, and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the notice's addressee or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same'document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] SERVICES AGREEMENT - 3 - 37 CITY OF CITY HALL F e d e ra I Way33325 Avenue • Box 9718 Federall Way, WA 98063-8063-971818 (253) 835-7000 wtaw.cdWfledeWhVay. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY 12 Jim Ferrell, Mayor DATE: i IGP XI COMMONS FW, LLI�. By: Printed Name: Title: DATE: STATE OF COUNTY OF ) ss. ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SERVICES AGREEMENT - 4 - 38 crry of CITY HALL Federal WayFeder 8th Avenue South • Box 9718 Federal Way, WA 98D63-9718 18 (253) 835-7000 www.crtyoll8deMMTy, com EXHIBIT "A" SERVICES 1. For the years 2023 and 2024, the City will provide Contract Officers for a total of ten (10) ten-hour shifts per week between MGP XI Commons FW, LLC and MGP XI Commons West, LLC. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both Parties. 2. The City will provide to the Property three (3) full-time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security orother police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignments, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments but may be rotated to address City needs or Owner interests. 3. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presence and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided, that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B - Compensation, and may be reduced -based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. SERVICES AGREEMENT - 5 - 39 CITY OF CITY HALL Federal Way Feder l Avenue South8063- • 18 Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cayofferlera)way com EXHIBIT "B" COMPENSATION For 2023, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons FW, LLC is Three Hundred Eleven Thousand Five Hundred Eighty -Two and 70/100 Dollars ($311,582.70). The Owner will pay half of this cost, totaling One Hundred Fifty -Five Thousand Seven Hundred Ninety -One and 351100 Dollars ($155,791.35) in monthly installments. For 2024, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons FW, LLC is Three Hundred Twenty -Four Thousand Forty -Five and 90/100 Dollars ($324,045.90). The Owner will pay half of this cost, totaling One Hundred Sixty -Two Thousand Twenty -Two and 95/100 Dollars ($162,022.95) in monthly installments. SERVICES AGREEMENT - 6 - 40 COUNCIL MEETING DATE: JUNE 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY ACCESS CONTROL UPGRADE RFP AWARD ITEM #: POLICY QUESTION: Should the City enter into a Goods and Services -Agreement for the Security Access Control Upgrade with NW Security & Automation? COMMITTEE: PRHSPSC CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: THOMAS FICHTNER MEETING DATE: June 13, 2023 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: INFORMATION TECHNOLOGY Attachments: 1. Staff Report 2. NW Security & Automation Good and Services Agreement Options Considered: 1. Approve the proposed Goods and Services Agreement for the Security Access Control Upgrade with NW Security & Automation. 2. Do not approve the proposed Goods and Services Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. r �� MAYOR APPROVAL' [69 DIRECTOR APPROVAL: �• { Y I" qsr(� • Cnt mi Lb " j :r 3' Initial`Date I Initial. ila[r Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Good and Services Agreement for the Security Access Control Upgrade ivith NW Security & Automation to the June 20, 2023 consent agenda for approval.-" Committee Chair Committee Member Committee -Member PROPOSED COUNCIL MOTION: "I move to approve the proposed Goods and Services Agreement for the Security Access Control Upgrade with NW Security & Automation and authorize the Mayor to sign. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COI-INCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 41 CITY -OF -FEDERAL WAY MEMORANDUM DATE: May 8, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, IT Director SUBJECT: City Physical Access Control Upgrade (DNA Readers / Controllers) Financial Impacts: The City Access Control Upgrade is currently a budgeted item in the City Council Adopted 2023/2024 budget. The IT budget currently has $75,000 allocated for a City Physical Access Control Upgrade (DNA Readers / Controllers). Qty Description Model Each Total 2 Open Options LP 1502 Controller LP1502 $1,640.25 $3,280.50 2 Open Options Two Door Controller MR52-S3B $896.40 $1,792.80 4 HID Si o Reader w/Keypad 40KTKS-TO-000000 $479.25 $1,917.00 93 HID Signo Reader 40TKS-TO-000000 $291.60 $27,118.80 7 HID Signo Mullion Reader 20TKS-TO-000000 $283.50 $1,984.50 2 Mics Materials, Consumables Misc $135.00 $270.00 Parts and Materials Total $36,363.60 Labor Total (72hrs) $9,720.00 Sales Tax $4,654.44 Project Total $50,738.04 Other Vendor: Estimated Replacement ID Badge Cost $6,000 Background Information: The City maintains an "access control system" that allows for keyless access to the entrances and restricted areas of certain City facilities. This system uses badges that can easily be issued and revoked, making it easier to manage who has access to certain areas. The system also tracks who enters and exits a room or building, providing a record of activity that can be used for security and accountability purposes. Also, the system can be integrated with other security measures such as cameras or alarms to create a more comprehensive security solution. The current access control system was installed when City Hall was renovated in 2004, and currently things are failing and the badge readers need to be upgraded to support stronger 42 Rev. 7/18 security. An RFP was issued and we received one response from NW Security and Automation. We have used this vendor historically, and they have a solid track record responding to issues and maintaining our system. There is a large lead time on the equipment due to lingering supply challenges; however, the City is anticipating the project to be completed before the end of the year. As shown in the RFP proposal, the project is anticipated to take a total of 7 days to complete. All employee badges will be reissued ahead of time so that when NW Security & Automation begins to replace the badge readers, employees will still have access to all areas using their new or old badge. NW Security & Automation will allow the City to have an adaptable security system that will be viable for future upgrades and expansion. Having an updated and reliable security access system is essential to the overall physical security of the City. 43 Rev. 7/18 CITY OF Fe d e ra l 'Il11'ay CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com GOODS AND SERVICES AGREEMENT FOR SECURITY ACCESS UPGRADE This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City" }, and Limited Energy Services Inc, dba NW Security & Automation, a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: LIMITED ENERGY SERVICES INC. DBA NW I CITY OF FEDERAL WAY: SECURITY & AUTOMATION: Marty Prough P.O. Box 1684 Sumner, WA 98390 1-866-3019-2911 (telenlinna) The Parties agree as follows: Thomas Fichtner 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 8ZG_25a7 (telephone) (253) 8151-2509 (facsimile) thomas.fichtner@cityoffede com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 29, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. NONEW1111 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplishi4e c6rrections within a reasonable time as determined by GOODS AND SERVICES AGREEMENT - 1 - 4/2023 CITY OF CITY HALL VOW* Fe deara I Way (253) 8th Avenue South Federal Way. WA 98003-6325 253j 835-7000 www atyof federal way com the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method ofPa ent. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any W all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT - 2 - 4/2023 CITY of CITY HALL 4 Fe �! a ra 11�Vay 4% Feder l Avenue SciO3 Federal Way. WA 98003-6325 (253) 835-7000 www o"ffederalway. corn 4.4- -Non A ro riation of Funds. If sufficient funds are not appropriated -or allocated for payment -under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, Injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses attornev'S fee- costsand/or litigatinn n > > --- a- ----- expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry iiWance for liability which may arise from or in connection GOODS AND SERVICES AGREEMENT - 3 - 4/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coin with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees -to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect cVs related to the performance of the Work and maintain GOODS AND SERVICES AGREEMENT - 4 - 4/2023 CITY of CITY HALL Federal Way Feder l Avenue South0 Federal Way, WA 98003-6325 4S (253) 835-7000 www 4yoffedem1waycom such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. -These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR 1 EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form ifthe Contractor retired under a State of Washington retirement system and agrees Lo llldelllllily any losses the �r'ity lila`y sllstalll tluVugi1 the Cviltravtor's failure t^v d^v s.^,. 10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual, hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close .family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. InQA services, programs, activities, hiring, and employment GOODS AND SERVICES AGREEMENT - 5 - 4/2023 CITY OF CITY HALL �� Feder 8th Avenue South F � � Federal Way. WA 98003-6325 t%,&t �� (253} 835-7era r✓wevcrtyvffedr�t4av com made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability; including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in fall force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right ofaction or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description ofthe Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed rece&d three (3) days after the date of mailing. Any remedies GOODS AND SERVICES AGREEMENT - 6 - 412023 CITY OF ,. Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other -remedies available to the City at lam, in equity or by statute. The failure of the City to insist upon -stria - performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Fail lure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each parry consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in additior. to any ocher recover, or award provided by laxoq provided, however, however nothing in -his paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 50 GOODS AND SERVICES AGREEMENT - 7 - 4/2023 CITY Of CITY HALL �� Way Feder 8th Avenue South al Way. WA 98003-6325 Ilk(253} 835-70{34 FFeder wwwMWffederal way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: _ APPROVED AS TO FORM: J. Ryan Call, City Attorney LIMITED ENERGY SERVICES INC DBA NW SECURITY & AUTOMATION am Printed Name: Marty Prough Title: Vice President DATE: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 51 GOODS AND SERVICES AGREEMENT - 8 - 4/2023 CITY OF CITY HALL vAmN%:-an�5,6 red a ra i Way Federal Way, WA 8003-6325 (253) 835-7000 mywcitwfiederawy com EXHIBIT "A" SERVICES 1. The City of Federal Way currently has two separate access control systems: A. Open Options nPowerDNA access control system that is made up of five separate buildings with 98 doors. i. System comprises of four SSP-D2 (Mercury EP/LP1502) and one Dcontroller main system boards, connected to a myriad of RSC-2 (Mercury MR52) and NSC-100 sub- controllers. B. Bosch/Lenel access control system at one building with two doors. i. System is stand-alone and includes an LNL-500 (Mercury SCP-C) main controller connected to a LNL-1320 (Mercury MR52) two -door controller. 2. The Contractor shall do or provide the following: A. Provide, install, and configure all necessary hardware, software licensing for the following: i. Replace all existing access control card/badge reader hardware across all sites with HID Signo EAL5+ Certified Secure Element Hardware. ii. Replace the existing Community Center Bosch/Lenel access control system boards with an LP1502 and configure it as an additional SSP Controller onto the existing nPowerDNA access control system located at CityHall. iii. Provide any additional Open Option software licensing needed to accommodate the scope of work. B. Labor to install, configure, and test all equipment. C. Labor for any system administration or configuration. D. Dispose of all old/replaced equipment. 3. Schedule: Start date and successful completion of the project within the current calendar year will be highly dependent on product lead times. Except for the MR52, each of the products listed within this RFP are currently long lead items and are not "in stock" through distribution. As such, the project will likely be completed in phases over multiple trips as parts arrive. *Start and end dates T13D, some tasks may be performed in parallel. Task Duration Start Finish Reader upgrades (all locations) 3d-5d Decommission Lenel Controller, Replace with LP1502, Program, Test ld-2d 52 GOODS AND SERVICES AGREEMENT - 9 - 4/2023 CITY OF Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wwwcltyoffeo'eralway com 1. Total Compensation: In return for the Services, and as outlined in Section 4.2 of this contract, the City shall pay the Contractor an amount not to exceed forty-six thousand eighty-three and 60/100 Dollars ($46,083.60), and Washington State sales tax equal to four thousand six hundred fifty-four and 44/100 Dollars ($4,654.44) for a total of fifty thousand seven hundred thirty-eight and 04/100 Dollars ($50,738.04). Model Each $1,640.25 Total $3,280.50 pen ntroller LP1502 n20penontroller gReader!O MR52-S3B$896.40 $1,792.80 ID Siad 40KTKS-TO-000000 $479.25 $1,917.00 93 HID Signo Reader 40TKS-TO-000000 $291.60 27 $,.50 7 HID Signo Mullion Reader 20TKS-TO-000000 $283.50 $1.0 $1,98484 2 Misc. Materials, Consumables Misc. $135.00 270.00 $$9,720.00 Parts and Materials Total .............................................................. .................................... Labor Total (72hrs) ........................................................................................................ .... 4,654.44 Sales Tax .......................................................................................................... .................. 50,738.0 $,38.4 Project Total .............................................. ................................................................... 53 nf-nT-No A XTT% QVuvTrrc e1-,T2RFT/TRNT - 10 - 4/2023 N W NW SECU RITY & AUTOMATION A Division of Limited Energy Services Inc A� Project Proposal City of Federal Way — Access Control Upgrade 54 N w NW SECURITY&AUTOMATION A Division of Limited Energy Services Inc A Table of Contents Letterof Submittal.................................................................................................... 1 Qualifications....................................................................................................2 References.......................................................................... I......................... 6 Scopeof Work.................................................................................................... 8 Schedule.................................................................................................... 9 Quotation.................................................................................................... 10 55 N w NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access -Control CCTV • Telephone -entry -system Local-24hr UL-Monitoring •—SecurityTele-phon Letter of Submittal Limited Energy Services Inc, DBA: NW Security & Automation Marty Prough, Principal/Vice President PO Box 1684, Sumner, WA 98390 May 5,2023 Terry Smith, Administrative Assistant II, I.T. Department City of Federal Way 33325 8th Ave S Federal Way, VVA 98003-6325 (253 ) 835-2550 Email: terry.smithCcityoffederalway.com Dear Ms. Smith, NW Security & Automation is submitting this proposal in response to City of Federal Way RFP: Access Control Upgrade. We hope that we have provided all necessary and required information for compliance with this RFP. We appreciate the opportunity to submit a proposal for this project and look forward to the City's response. Sincerely, Marty Prough Principal — Vice President, NW Security & Automation WE H$A I/ ica�.� BBB. M E N E E R Page 1 of 12 56 w NW SECURITY & AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Security • Telephone Qualifications Business Information Limited Energy Services Inc, DBA: NW Security & Automation PO Box 1684, Sumner WA 98390 1-866-309-2911, htti)s://nwsecurilyandautomation,com Limited energy Services is a Corporation, registered/licensed in Washington State on March 1st 2007. Federal Tax ID: 208279387 U B I : 602671064 Contractor License : LIMITES932JF Registered trade name : NW Security & Automation Firm Experience We are a local Puget Sound based integrator with well over a decade of experience providing customers with innovative and cost-effective security solutions. We specialize in providing turnkey integrated solutions for commercial and industrial applications. Our team has a proven track record of completing projects on time, and on budget, while delivering solutions that meet our customers' needs. Our organization's capabilities include consulting, design -build, installation, maintenance, service and support, inspections, and testing. We provide solutions for access control, communications (intercom and telephone entry), security systems, and video surveillance. We have been an Open Options partner since 2014, and have completed well over 25 major projects with DNA Fusion software/hardware. These projects include commercial service centers, office buildings, warehouses, manufacturing facilities, freight forwarding, and various industrial applications. Many of these applications have included access control, security, and video management systems integration. Finally, we have also successfully completed several City of Federal Way projects. ■ �� SHSA SW • • � 9ecwlN. I^wg�°tion. a Lile S��ory - B B p a.H«�io� or urc Nonnwosi Page 2 of 12 57 N w NW SECURITY& AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation • Access Control - CCTV • Telephone entry system • Local 24hr UL Monitoring • Security • Telephone Staffing Experience As a small business of 6-10 employees on average, all of our team members have cross functional responsibilities and roles. This project would be supported by all the following team members on an as -needed basis. Phillip Moran Principal — President Education: Associate of Science, Electronics, Computer Programming Licenses: Electrical Administrator, EL06 Master Electrician Certifications: Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid Experience: 1989-2006 Homeguard/Chubb Security (LITC Fire and Security) 2006-Present Limited Energy Services Inc, DBA: NW Security & Automation 1998-Present Electronic Security Association (ESA/WBFAA), Board Member Phill has more than thirty years of experience working in the field of electronic security and systems integration. Phill started his career as a field technician where he excelled at installation and troubleshooting. Over the course of a few short years, Phill held multiple technical positions of increasing responsibility before ultimately being promoted into operations management. Phill spent nearly 13 years as an operations manager, during which time his responsibilities included operations, logistics, communications systems, and countless special projects. In 2006 Phill founded Limited Energy Services Inc. In a few short years Limited Energy Services Inc had built a solid reputation for providing quality services and products. As a principal of the company, Phill enjoys being hands on in most elements of the work, and is currently responsible for day to day operations, administrative functions, field operations/technical work and project management. _4E" 0 4BCC SIL SA NW -ate: M BaB Page 3 of 12 58 N 'w NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY ►°� 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring - Security • Telephone Marty Proug'h Principal —Vice President Education BS, IT Security Emphasis AAS, IT Network Administration and Support Licenses EL06 Specialty Electrician Certifications: CCENT, CCNA Routing and Switching, CCNA Security, CNSS 4011 Recognition, CompTIA Linux+, CompTIA Network+, CompTIA Project+, CompTIA Security+, CIW Database Design Specialist, Microsoft MCP, Microsoft MTA, CIW Web Design Specialist Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid Experience. 1995-2008 Homeguard/Chubb Security (UTC Fire and Security) 2008-Present Limited Energy Services Inc, DBA: NW Security & Automation Marty has more than 27 years of experience working in the field of electronic security and systems integration. He began his career as a field technician, and has held numerous positions of increasing responsibility throughout his career, to include, technical field work, inside/outside sales, supervisory, and management assignments. Marty joined Limited Energy services in 2008, and is currently responsible for administrative functions, field operations/technical work, professional services, project management, sales, and marketing. I "ABC1 w , SILSA NW .��._ ..� Bps '`ate uxrae� Page 4of12 59 N w NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY ►°� 1-866-309-2911 5/5/2023 utomation ---Access Control CCTV- Telephone -entry -system- Local 24hr-UL-Monitoring --Security Telephone Jared Moran Field Technician Licenses: EL06 Specialty Electrician Certifications: Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid, Openpath, AVA Experience: 2009-Present Limited Energy Services Inc, DBA: NW Security & Automation Jared has over fourteen years of experience performing installation/service work in the field of electronic security. His responsibilities include installation, service, and maintenance of integrated systems. In addition to performing installation and service work, he also acts as project lead/foreman. Jared is extremely knowledgeable and proficient in all aspects of his job duties, and consistently provides our customers with a high level of service and accountability. Mat Raiford Field Technician Licenses: EL06 Specialty Electrician Certifications: Open Options DNA Fusion, Openpath, AVA Experience: 2016-Present Limited Energy Services Inc, DBA: NW Security & Automation Mat has over seven years of experience working in the field of electronic security. Mat has extensive experience working with various security related products and technologies. Mat is also proficient at cabling, peripheral device installation, terminations, and commissioning. Mat also acts as project lead/foreman, and has a solid track record of delivering projects on time, on budget, and while exceeding customers expectations. SILSA IN '$"A`4FBC BBB. MeE M 6 E R Page 5 of 12 60 N ;.w NW SECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring - Security • Telephone References Company: Puget Sound Energy 355 110th Ave NE, Bellevue, WA 98004 Contact: Glen Hairston, Physical Security Systems Administrator glen. harston se.com, 360-766-5521 Description of work: NWSA has successfully completed dozens of projects for PSE over the past ten plus years, and currently provides service and maintenance for PSE sites. Project work has included integrated systems in various types of applications, such as office buildings, operations/service center facilities, power generation sites, substations, and storage facilities. In addition to providing systems for access control, communications, security, and video surveillance; we also provide professional services and software maintenance, to include upgrades and migration projects. Company: Leviton Network Solutions 2222 222nd St SE, Bothell, WA 98021 Contact: Rich Howell, Facilities Maintenance Manager rhowell leviton.com, 425-415-7504 Description of work: NWSA performed access control, security, and video surveillance system upgrades for Leviton. The project included two buildings, and multiple office and production areas. The access control and security systems were integrated and included custom features and configuration in order to meet Leviton's unique production environment and schedules. NWSA continues to provide ongoing maintenance, inspections, software maintenance, service, and system monitoring for Leviton. eww� %44 ' `F S/L$A N A; , Cass. M E M B E R Page 6 of 12 61 N w NWSECURITY&AUTOMATION SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 Automation - Access Control • CCTV • Telephone entry system Proposal 5/5/2023 Local 24hr UL Monitoring • Security • Telephone Company Dillanos Coffee Roasters 1620 45th St E, Sumner, WA 98390 Contact: Tim Lidstrom, Operations Manager timl dillanos.com, 253-826-1807 Description of work: NWSA provided an integrated turn -key access control, security, and video surveillance system for Dillano's new corporate office and roasting plant. The project included mobile credential enabled readers, and integrated arm.ng;de arming of the security system haCeri on access, as well as door override. Nk/VSA rontini ies to provide ongoing service, maintenance, alarm monitoring, and professional services for Dillanos. Company: Wright Runstad & Co - Contact: Skyler Bruhy, Building Engineer sbruhv _wrightrunstad.com, 360-280-3836 Description of work: NWSA provides annual support, system, and software maintenance of access control, visitor management, and video surveillance systems. As well as system upgrades and additions. I SILSQ Niel BBB. M E M B E R Page 7 of 12 62 N wiNWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation • Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Security • Telephone Scope of Work Proposed scope of work as outlined within "City of Federal Way, RFP ACCESS CONTROL UPGRADE", The City of Federal Way currently has two separate access control systems: I. Open Options nPowerDNA access control system that is made up of five separate buildings with 98 doors. System comprises of four SSP-D2 (Mercury EP/LP1502) and one Dcontroller main system boards, connected to a myriad of RSC-2 (Mercury MR52) and NSC-100 sub - controllers. Bosch/Lenel access control system at one building with two doors. 1. System is stand-alone and includes a LNL-500 (Mercury SCP-C) main controller connected to a LNL-1320 (Mercury MR52) two -door controller. ■ Provide, install, and configure all necessary hardware, software licensing for the following: I. Replace all existing access control card/badge reader hardware across all sites with HID Signo EAL5+ Certified Secure Element Hardware. II. Replace the existing Community Center Bosch/Lenel access control system boards with an LP1502 and configure it as an additional SSP Controller onto the existing nPowerDNA access control system located at City Hall. III. Provide any additional Open Option software licensing needed to accommodate the scope of work. ■ Labor to install, configure, and test all equipment. Labor for any system administration or configuration. ■ Dispose of all old/replaced equipment. ��� � S1L SA N1 BQ BBB, NOE M 6 E P --- Page 8 of 12 63 N w NWSECURITY&AUTOMATION SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 Automation - Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Schedule Proposal 5/5/2023 Security • Telephone Start date, and successful completion of the project within the current calendar year will be highly dependent on product lead times. Except for the MR52, each of the products listed within this RFP are currently long lead items and are not "in stock" through distribution. As such, the project will likely be completed in phases over multiple trips as parts arrive. *Start and end dates TBD, some tasks may be performed in parallel. Task 1 Duration, Start Finish Reader upgrades (all locations) Decommission Lenel Controller, Replace with LP1502, Program, Test 3d-5d 1d-2d �� ,y r; S1LSA W riCM�.ww w.BBB � Page 9 of 12 64 N w NW SECURITY & AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV ° Telephone entry system • Local 24hr UL Monitoring • Security Telephone Quotation Partsand Materials TotaI....................................................................................................... $36,363.60 LaborTotal (72hrs) ................................................................................................................. $9,720.00 SalesTax.................................................................................................................................. $4,654.44 ProjectTotal..................................................................................................................... $50,738.04 BBB 'AleS1LSA�N�1 M E Y 6 E R Page 10 of 12 65 91 LIMITED ENERGY SERVICES INC. �57 t LIMITED ENERGY SERVICES INC. PO BOX 1684 SUMNER WA 98390-0360 a STATE OF WASHINGTON Profit Corporation LIMITED ENERGY SERVICES INC LIMITED ENERGY SERVICES INC 5923 164TH AVE CT E SUMNER, WA 98390-3031 DETACH BEFORE POSTING BUSINESS LICENSE UNEMPLOYMENT INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE Issue Date: Nov 22, 2019 Unified Business ID #: 602671064 Business ID #: 001 Location: 0001 Expires: Nov 30, 2020 INDUSTRIAL INSURANCE -ACTIVE Cl 1 1 ENDORSEIVIEN 1 S: SUMNER GENERAL BUSINESS - ACTIVE BELLINGHAM GENERAL BUSINESS - ACTIVE EATONVILLE GENERAL BUSINESS - NON-RESIDENT - ACTIVE GIG HARBOR GENERAL BUSINESS - NON-RESIDENT - ACTIVE ISSAQUAH GENERAL BUSINESS - NON-RESIDENT - ACTIVE OLYMPIA GENERAL BUSINESS - NON-RESIDENT #28050 - ACTIVE SPOKANE VALLEY GENERAL BUSINESS - NON-RESIDENT - ACTIVE SEATAC GENERAL BUSINESS - NON-RESIDENT (EXPIRES 3/31/2020) - ACTIVE FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT #07-100402-00-BL - ACTIVE LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. REGISTERED TRADE NAMES: NORTHWEST SECURITY & AUTOMATION NORTHWEST SECURITY AND AUTOMATION NW SECURITY & AUTOMATION NW SECURITY AND AUTOMATION I': This document lists the regatratiosrs, endorsements, and Iicenses authorized for the businessy�q named above. By accepting this dornment, the licenser certifies the information on the apprtcatiun {{�JJJJJJ was complete, true, and accuralc to The best of his or her knowledge, and Thal husiness will W conducted in Compliance with all applicable Washi ogton stale, county, and ri ty regulations. Director, Department of Revenuc } TZ UBI: 602671064 001 0001 LIMITED ENERGY SERVICES INC. LIMITED ENERGY SERVICES INC 5923 164TH AVE CT E SUMNER, WA98390-3031 9aL0002 STATE OF WASHINGTON UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION -ACTIVE SUMMER,GENERAL BUSINESS - ACTIVE BELLINGHAM GENERAL BUSINESS - ACTIVE EATONVILLE GENERAL BUSINESS - NON-RESIDENT - ACTIVE GIG HARBOR GENERAL BUSINESS - NON-RESIDENT - ACTIVE ISSAQUAH GENERAL BUSINESS - NON-RESIDENT -ACTIVE OLYMPIA GENERAL BUSINESS - NON-RESIDENT #28050 - ACTIVE SPOKANE VALLEY GENERAL 66 DETACH THIS SECTION FOR YOUR WALLET Expires: Nov 30, 2020 �--:A�, In � Director, Department of Revenue DATE (MMrDWYYY) Ac RQ n® CERTIFICATE OF LIABILITY INSURANCE 05/16/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTJennifer Mae Ferrell Jennifer Ferrell Insurance Agency P ONE . (253) 299-6463 F (855} 495-8136 20928 SR 410 East -MAIL JFERRELLI@amfam.com Bonney Lake, WA 98391 INsuRB 5 AFFORDING COVERAO! NAIC11 (253) 299-6463 (061/354) INSURERA:American Family Mutual Insurance Compan 19275 INSURED INSURERB:Midvale Indemnity COm any 27136 Limited Energy Service Inc DBA NW Security & Automation INSURE IC: PO Box 1684 INSURERD: Sumner, WA 98390 INSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUB POLICY EFF POLICY E%P LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM122MMfq BODILY INJURY (Per person) $ 1000.000 AUTOMOBILE LIABILITY BODILY INJURY (Per accident) $ 1,000,000 x❑ ANY AUTO B ❑ALL OWNED ❑ AUTOSULED CA00017035 01 /01 /2023 01 /01 /2024 PROPEIZiY DAMAGE $ 1,000,000 AUTOS NON -OWNED BODILY INJURY $ x❑ HIRED AUTOS 0 AUTOS $ El ❑x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,00Q000 ❑ ❑ CLAIMS -MADE Q OCCUR PREMIS S (Ea o n,E�nce) $ 100�000 MED EXP (Any one person) $ 10.000 x❑ WA Stop Gap PERSONAL & ADV INJURY $ 1,0D0,000 A ❑ Y 46-XO5552-05 01 /01 /2023 01 /01 /2024 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2000,000 x❑ POLICY ❑ PROJECT ❑ LOC $ ❑OTHER 4,000,000 xj UMBRELLA LIAB ❑ OCCUR EACH OCCURRENCE A ❑ EXCESS LIAB ❑ CLAIMS -MADE 46-XO5552-07 01 /01 /2023 01 /01 /2024 AGGREGATE $ 4.000,000 ❑ DED Q RETENTION $ 16,000 $ WORKERS COMA N A—MON ❑ T TUTE❑ OTHER AND EMPLOYERS' LIABILITY Y 1 N E. L. EACH ACCIDENT $ ANY PROPRIETOFt1PARTNERIEXECUTIVE❑ NIA A OFFICERIMEMBEREXCLUDED? E.L.DISEASE - EA EMPLOYEE $ (Mandatory In NH) it ppes, describe under E.L. DISEASE - POLICY LIMIT $ DE5CRIPTI N OF OP RATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder has been added as Additional Insured CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c/o CEfy-Hall THE EXPIRATION -DATE THEREOF, -NOTICE- WILL BE DELIVERED IN 333258 8th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003 AUTri0R{ZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 67 CITY OF viz� Federal Way Centered on Opportunity This page was intentionally left Wank. 68 COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH PUBLIC HEALTH OF SEATTLE-KING COUNTY FOR THE SOUTH KING COUNTY MOBILE MEDICAL PROGRAM POLICY QUESTION: Should the City enter into an interlocal agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Patti S Attachments: 1. Staff Report 2. Interlocal Agreement ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other Human Services Coordinator DEPT: Community Development 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 APPROV DIRECTOR APPROVAL:�1 'C� Cl�nc Initial/Date initial atc COMMITTEE RECOMMENDATION: "I move to forward the proposed Interlocal Agreement to the June 20, 2023 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Interlocal Agreement, and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2019 RESOLUTION # 69 CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager Patti Spaulding-Klewin, Human Services Coordinator SUBJECT: Interlocal Agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program Financial Impacts: The cost to the City for the interlocal agreement with Public Health of Seattle -King County was included within the approved budget under the Community Development Department, Community Services Division budget as part of the $711,900.00 in grant funding in professional services. The grant funding approved by City Council on November 15, 2022, included $14,000.00 for Public Health of Seattle -King County for the South King County Mobile Medical Program. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the agreement, there will be no currently planned future costs. Back ❑und Information: On November 15, 2022, City Council approved the Human Services Commission 2023-2024 grant recommendations, which included $7,000 per year for two years for Public Health of Seattle -King County's South King County Mobile Medical Program. The grant funding provides dental services to people experiencing homelessness in the City of Federal Way. The program proposes to provide 30 dental visits per year to a total of 28 Federal Way residents with the goal of improving health_ 70 Rev. 7/18 CITY of CITY HALL FederalWa8th Avenue South Federal Way, WA 96003-6325 '` (253) 835-7000 www cityof edemii vey com HUMAN SERVICES AGREEMENT FOR SOUTH KING COUNTY MOBILE MEDICAL PROGRAM This Human Services Agreement ("Agreement'') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Public Health of Seattle -King County, a Washington county agency ("County"). The City and County (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PUBLIC HEALTH OF SEATTLE-KING COUNTY: Vazaskia Crockrell 401 5th Ave #1300 Seattle, WA 98104 (206) 477-6391 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Patti Spaulding-Klewin 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2023, and terminating on December 31, 2024 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the County. 2. SERVICES. The County shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed in a satisfactory manner, within the time period prescribed by the City. The County warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the County of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the County fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the County an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The City shall reimburse the County only for the approved activities and in accordance with the 71 T4TTMAN CF.RVTCF.S AGREEMENT - 1 - 1/2023 CITYOF Q i; CITY HALL Federal ra Way ay Feder l Avenue Sou8003 Federal Way, WA 98003-6325 (253) 835-7000 www otyoffederalway.com procedures as specified in Exhibit B. The County shall be solely responsible for the payment of any taxes imposed by -any -lawful jurisdiction resulting from this Agreement. 4.2 Method ofPayment. On a quarterly basis, the County shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the County's reports, as a measure of satisfactory performance under this Agreement. The City shall review the County's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the County fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the County's control impact its ability to meet its service unit goals and the County has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the County and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed nnrtinn 4.3 Final Invoice. The County shall submit its final invoice by the date indicated on Exhibit B. If the County's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the County of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The County shall apply the fiends received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The County shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 County Indemnification. The County represents to the City that the County has competent, trained staff and where necessary, professional staff to render the services to be performed under this Agreement. The County -agrees to indemnify, defend, and -hold the City, its elected officials, officers, employees, -agents, and volunteers harmless from any and all claims, demands, actions, losses and liabilities (including costs, expenses and all reasonable attorneys' fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives arising from, resulting from, or in connection with this Agreement to the extent caused by the negligent acts, errors or omissions of the County, its partners, shareholders, agents, employees, or by the County's breach of this Agreement. 72 HUMAN SERVICES AGREEMENT - 2 - 1/2023 City OF �Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 tvwwc1ty0fleder011,vay corn 5.2 Industrial Insurance Act Waiver. The County waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW. The County's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the County, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The County agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the County, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Self -Insurance Pro am. King County, a charter county government under the constitution of the State of Washington, hereinafter referred to as "County", maintains a fully funded Self -Insurance program as defined in King County Code 4.12 for the protection and handling of the County's liabilities including injuries to persons and damage to property. The City acknowledges, agrees and understands that the County is self -funded for all of its liability exposures. The County agrees, at its own expense, to maintain; through its self -funded program, coverage for all of its liability exposures for this Agreement. The County agrees to provide the City with at least thirty (30) days' prior written notice of any material change in the County's self -funded program and will provide the City with a certificate of self-insurance as adequate proof of coverage. The City further acknowledges, agrees and understands that the County does not purchase Commercial General Liability insurance and is a self -insured governmental entity; therefore, the County does not have the ability to add the City as an additional insured. 6.2. No Limit of Liabilit . City's acknowledgement of County's fully funded self-insurance program shall not be construed to limit the liability of the County to the coverage provided by such program, or otherwise limit the City's recourse to any remedy available at law or in equity. The County's self-insurance program shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the County's insurance and shall not contribute with it. 6.3. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by County in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the County may be grounds for immediate termination. All records submitted by the City to the County will be safeguarded by the County. The County will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 73 uTTVAN gFuvrrF.q AGR-IRRMTNT - 3 - 1/2023 CITY OF CITY HALL South Federal Way Feder l lI Avenue 00 f (253) 835-7Q WA 98003-6325 vvww cltyoffederalway can 8 WORK PROD LJ fT. All originals and -copies of work product, -including plans,, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by County while performing the Services shall belong to the City upon delivery. The County shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement all originals and copies of any such work product remaining in the possession of County shall be delivered to the City. 9. BOOKS AND RECORDS. The County agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the County shall be an independent contractor and that the County has the ability to control and direct the performance and.details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay County sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. County shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at County's own risk, and County shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The County shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the County, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that County may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with County's ability to perform the Services. County agrees to resolve any such conflicts of interest in favor of the City. County confirms that County does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the County's selection, negotiation, drafting, signing, administration, or evaluating the County's performance. 12. EQUAL OPPORTUNITY 'EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by County or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. County shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 74 HUMAN SERVICES AGREEMENT - 4 - 1/2023 4,k CGTY HALL CITY �� d e ra I WaFeder 8th Avenue South Fy Federal Way, WA 98003-6325 h� �_ (253j 835.7000 www.cr[yoffederolway corn 13. GENERAL PROVISIONS.. 13.1 Inte retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail: The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assi ent and Beneficiaries. Neither the County nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The County shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including;, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the County's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or.options, and the same shalt be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Cq-gnty, Washington, unless the Parties agree in writing to an T4TTMAN RF.RVTCFR AGRFFMFNT - 5 - 1/2023 CITY OF Federal Way CITY HALL 33325 8th Avenue Souui Federal Way, WA 98003-6325 (253) 835-7000 www crtvofiederalway com alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed -in any other appropriate court in King -County, Washington.. Each- Party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and County represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof [Signature page follows] 76 HUMAN SERVICES AGREEMENT - 6 - 1/2023 CITY Way 400w� CITY HALL 33325 8th Avenue South Federal Way.. WA 98003-6325 (253) $35-7000 wwwcrayoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: PUBLIC HEALTH OF SEATTLE- KING COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before' me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20_• Notary's -signature — Notary's printed name Notary Public in and for the State of Washington. My commission expires 77 WT TX/f AN CF.R VTC".F.R A GR FFMF,NT - 7 - 1 /2023 _4 CITY or .,,. Fe a e ra i Proiect Services Summary CITY HALL � 33325 8th Avenue South way V y Federal Way, WA 98003-6325 (253) 835-7000 ,vww o4 offederalway com EXHIBIT A SERVICES The County shall provide free, walk-in dental care and social service referrals to unhoused individuals in the City of Federal Way. The County shall ensure that services provided with funding under this Agreement are made available to people residing in Federal Way. Performance Measures A. Number Served The County agrees to serve, at minimum, the following unduplicated number ofpeople residing in Federal Way with Human Services funds: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN. - APRIL - JULY - OCT. -- MARCH JUNE SEPT. DEC. No. of unduplicated Federal Way persons assisted in 2023 7 7 7 7 28 No. of unduplicated Federal Way persons assisted in 2024 7 7 7 7 28 B. Units of Service The County agrees to provide, at minimum, the following units of service by quarter: ist 2nd 3rd 4th Quarter Quarter Q Quarter Q Quarter Total JAN. - APRIL - JULY - OCT. - MARCH JUNE SEPT. DEC. 2023 1. Dental Care 7 8 7 8 30 2024 1. Dental Care 7 8 7 8 30 Units of service are measured by the number of dental care visits provided via mobile van. 78 HUMAN SERVICES AGREEMENT - 8- 1/2023 CITY O� CITY HALL Federa '�11'a 8th Avenue South Feder Federal Way, WA 98003-6325 y (253) 835-7000 uvwwcfWffederNway can C. Outcome Measure(s) Outcome: Dental patients will complete referrals for additional dental treatment. Indicator: Additional treatment services will be provided by Mobile Medical dentist or confirmed via referral process and measured monthly for follow-through. Target: 3 5 % Records A. Project Files The County shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Documentation of client address; residency verified via King County Parcel Viewer. 9. Documentation of client income. The County agrees to use the following HUD Income Guidelines to report income of clients served under this Agreement. King County FY 2022 Income Limits Surnmary Median FY 2022 Income Income 1 2 3 4 5 6 7 8 King Limit Person Persons Persons Persons Persons Persons Persons Persons Extremely Low (30%) $27,200 $31,050 $34,950 $38,800 $41,950 $45,050 $48,150 $51,250 Income Limits Very Low $134,600 (50%) $45,300 $51,800 $58,250 $64;700 $69,900 $75,100 $80,250 $85,450 Income Limits Low (80%) $66,750 $76,250 $85,800 $95,300 $102,950 $110,550 $118,200 $125,800 Income Limits Income guidelines may be adjusted periodically (annually) by HUD. The County agrees to use updated Annual Income Guidelines which will be provided by the City. 79 WT TX4 A N CFR VTC'.F.R A GR FFMFNT - 9 - 1 /2023 CITY OF ,4S Federal Way Reports and Reporting Schedule CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The County is required to collect all data and submit required forms using an Excel template found and submitted via Share l App (instructions to be provided). Required forms shall be submitted quarterly and/or annually. 1 st, 2nd, and 3rd quarterly reports are due no later than the 15th of the month following the end of each quarter, i.e. April 15, July 15, and October 15. 4th quarter reports are due no later than the first week of January in order to comply with City end -of -year accounting procedures. City staff will communicate official January due date(s) during the first week of December. Quarterly Service Unit Report (due with each submittal): Submitted Excel report uploaded through SharelApp, data from this form will be used to track each program's progress toward meeting the goals stipulated in the Scope of Services. Reinzhursement Request (due witheach. submittal): Included as the first page of the Excel form, this form will serve as the invoicing mechanism for payment to your agency/program. Reimbursement req,�ests must be signed and uploaded through SharelApp. Annual Demographics Report (due 4th quarter): Submitted via Excel form, the agency shall collect and retain data requested on this form from persons served through this Agreement. Data should be tracked in an ongoing manner and submitted annually in SharelApp by January 15th. Annual Outcomes Report (due 4th quarter): Submitted via,Excel form, data should demonstrate the program's progress toward Outcomes specified in the Scope of Services. Outcome data shall be submitted in Share 1 App annually by January 15th. The County shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome(s) presented in the application must be approved by the City prior to implementation. Public Information In all news releases and other public notices related to projects funded under this Agreement, the County will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. 80 HUMAN SERVICES AGREEMENT - 10 - 1/2023 CITY OF Federal Way EXHIBIT B COMPENSATION Pro Feet Budget CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mwmC/[yalfr deral may com The County shall apply the following funds to the project. The total amount of compensation pursuant to this Agreement shall not exceed Fourteen Thousand and 00/100 Dollars ($14,000.00). City of Federal Way Funds 2023 2024 City of Federal Way General Fund: $7,0 00.00 $7,000.00 Total Citv of Federal Way Funds: $7,000.00 $7,000.00 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly and are due on the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4thQuarter: Final Reimbursement Request and Service Unit Report forms due January 8; Demographic Data Report and Annual Outcome Data Report due January 15. The Reimbursement Request form, included as the first page of the Excel form, serves as the invoicing mechanism for payment to your agency/program for service provided pursuant to this agreement. Reimbursement requests must be signed and uploaded through SharelApp and are due with each submittal as provided in Exhibit A. Estimated Quarterly Payments: 2023 1st Qtr $1,750.00 2nd Qtr $1,750.00 3rd Qtr $1,750.00 4th Qtr $1,750.00 2024 1 st Qtr $1,750.00 2nd Qtr $1,750.00 3rd Qtr $1,750.00 4th Qtr $1,750.00 Quarterly payment requests shall not exceed the estimated payment without prior written approval from- the City, proof of which must be provided with any corresponding payment request. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. 81 NTTMAN SF.RVTC;FR AGREEMENT - 11 - 1/2023 CITY OF �e d e W anvz�*t�- t Cente: tpd on Opportunity This page was intentionaNy left blank. 82 COUNCIL MEETING DATE: June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2024 WORK PLAN AND BUDGET POLICY QUESTION: Should City Council approve the proposed SKHHP 2024 Work Plan and Budget? COMMITTEE: Parks, Recreation, Human Services, & Public Safety CATEGORY: ® Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY: Sarah Brid eford Attachments: 1. Staff Report 2. SIP Resolution No. 2023-01 MEETING DATE: June 13, 2023 ❑ Public Hearing ❑ Other DEPT: Community Development Options Considered: 1. Approve the proposed SKHHP 2024 Work Plan and Budget. 2. Do not approve proposed SKHHP 2024 Work Plan and Budget and provide direction to staff. MAYOR'S RECOMMENDATION`: Option 1. -yam MAYOR APPROVAL: (� j Li DIRECTOR APPROVA �s3 Com tt Cnuneil Initial•Date initial Datc. InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2024 Work Plan and Budget to the June 20, 2023, consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed SKHHP 2024 Work Plan and Budget. " {BELOW TO BE COMPLETED BY CITY CLERK'S OFPIC 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 # 83 CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator,-.— Sarah Bridgeford, Community Services Manager's—7 SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2024 Work Plan and Budget Financial lm acts: The City incurs costs as a member city of the South King Housing and Homelessness Partners (SKHHP). The costs are associated with the annual fee as presented in the SKHHP 2024 Budget offered for Council consideration. Member jurisdiction contributions are based on population size. The City's contribution of $51,710 in 2024 is included in the 2023-2024 budget. Background Information: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2024 work plan and budget must be approved by each legislative body of the SKHHP member jurisdictions and be adopted by the SKHHP Executive Board. Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. The 2024 draft work plan was developed through surveys of the priorities of the Executive and Advisory Boards in February and a workshop with the Executive Board in March. The draft 2024 work plan was then reviewed with the SKHHP Advisory Board on April 6, 2023, and the Executive Board at their regularly scheduled meeting on April 19, -2-023.-Feedback-f�om-those- meetings was incorporated- and-a-revised-dr-aft was -shared with the Executive Board to review with member Councils. The draft was then shared with the City of Federal Way Council to solicit questions. 84 Rev. 7/18 The 2024 work plan includes four goals with corresponding objectives and action items. c,1.&QW.n-itexn_is p6oritized_as_higher,medium,_orlo-wer-prionty.Indicators are -included - - - to measure progress on the goals. The four goals include the following: 1. Fund the expansion and preservation of affordable housing; 2. Develop policies that expand and preserve affordable housing; 3. Serve as advocate for South King County; and 4. Manage operations and administration. The 2024 SKHHP operating budget totals $419,158, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of each jurisdiction's cont4pjivrl, including in -kind services. Operating revenues originate from SKHHP member contributions. Contributions are proposed to increase 15% annually for each member city through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget. These projected numbers assume no additional staff would be added. Member contributions are based on population size as outlined in the following table: Population tier 2023 2024 2025 2026 I Contribution Contribution Contribution Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001-35,000 $9,919 $11,407 $13,118 $15,085 35,001 - 65,000 $19,838 $22,814 $26,236 $30,172 65,000-100,000 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 Expenses impacted by inflation are proposed to increase by 5% in 2024, including salaries and benefits. SKHHP continues to spend down the fund balance from cost -savings in 2019 and 2020 to mitigate any additional increases to member contributions. Recommendation: Staff recommends approval of the 2024 SKHHP work plan and budget. This recommendation is based on the following: 1. The 2024 SKHHP work plan and budget is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, Tukwila, and King County. 2. The 2024 SKHHP work plan and budget incorporates the feedback and priorities of the-�KHi�P-E eeutive Board -made-up -of representatives -of- each -participating- - jurisdiction and the Advisory Board made up of South King County community members, representatives of housing organizations, and affordable housing subject matter experts. 85 Rev. 7/18 RESOLUTION NO. 2023-01 A RESOLUTION OF THE EXECUTIVE --BOARD OF- THESOUTH--KING -HOUSING- AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2024 work plan includes four goals with corresponding action items that further SKHHP's mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this 22nd day of May. 2023 �QU.6 NANCY ACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2023-01 May 19, 2023 Page 1 of 7 86 RESOLUTION 2023-01 — ATTACHMENT A SKHHP 2024 WORK PLAN PURPOSE Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. BACKGROUND Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. The work plan is organized into four goals with corresponding objectives and action items. Each action is identified by priority as follows: • Higher — Identified as higher priority by Executive Board or is necessary to carry out the Interlocal � Agl vvf i iGi isi Medium — Identified as mid -level priority ® Lower — Identified as lower priority Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February. In accordance with the Interlocal Agreement, the-2024 SKHHP work plan and budget will be approved by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. GOALS & OBJECTIVES Number Goal Objective 1 Fund the expansion and Coordinate public resources to attract preservation of affordable housing. greater private and public investment for affordable housing in South King County. Share technical information and resources 2 Develop policies to expand and preserve affordable housing. to promote sound housing policy. 3 Serve as advocate for South King Provide a unified voice to advocate for County. South King County needs at a local, regional, and state level. 4 Manage operations and Susfamopeiational commitments and -- administration. Interlocal Agreement requirements. Resolution No. 2023-01 May 19, 2023 Page 2 of 7 87 Fund the expansion and preservation of affordable housing. Actions Priority of Actions • • 9 = Higher •■ = Medium • = Lower -•• _ 1. Develop a long-term funding strategy for the Housing Capital Fund and facilitate conversations with member jurisdictions to identify and explore dedicated sources of revenue for affordable housing at the local and regional level. 2. Dnnl resources from member j iricrii,tinnc for the wnwicing Capital Fwind, son including SHB 1406 and HB 1590 funds. 3. Manage 2023 Housing Capital Fund funding round including facilitating •■■ approval from participating Councils and preparing contract documents. well, 4. Manage 2024 Housing Capital Fund funding round including adopting annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. 5. Encourage investment by private investors, lenders, and philanthropies. 000 6. Work with member cities and project sponsors to start developing a • • pipeline of projects to be funded over the next five years. Indicators o Number of housing units or number of projects funded with financial support from SKHHP o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund o Geographic diversity of applications received for annual Housing Capital Fund funding round Resolution No. 2023-01 May 19, 2023 Page 3 of 7 88 Actions Goal 2 Develop policies to expand and preserve affordable housing. Priority of Actions ■■■ = Higher = Medium = Lower 7. Develop subregional housing preservation strategies and facilitate • a im,olementation. — 8. Facilitate technical assistance and updates to the Affordable Housing Inventory Dashboard. g. Build relationships with developers to learn from their perspective the •* ways to encourage housing development, especially affordable housing. 10. Continue to refine and update housing policy matrix. • 11. Convene land use planners to increase coordination and collaboration ■ on housing policy and planning. 12. Develop SKHHP Executive Board briefings on key housing and • homelessness topics, especially as they relate to the goals of the work plan. indicators o Number of preservation policies explored with members of the Executive Board o Successful update of data and deployment of the Affordable Housing inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics Resolution No. 2023-01 May 19, 2023 Page 4 of 7 89 Ism Goal 3 Serve as advocate for South King County. Actions 13. Coordinate with the Advisory Board in collaboration with housing organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community members. 14. Work collaboratively with public funders at the state and local levels to promote shared affordable housing goals and equitable geographic distribution of resources. Priority of Actions +■■ = Higher • • = Medium • = Lower 15. Produce public -facing communications content that highlights South • King County through social media and newsletters. _ 16. Represent SKHHP at relevant local and regional meetings and forums that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. Indicators o Number of events or engagement opportunities Advisory Board members organize or support o Number of communications published o Number of meetings, forums, or events attended that advance SKHHP's mission Resolution No. 2023-01 May 19, 2023 Page 5 of 7 90 7, Goal 4 Manage operations and administration. Actions Priority of Actions ®� = Higher •• = Medium m = Lower 17. Develop annual work plan and budget. °mm 18. Generate and distribute quarterly progress reports to SKHHP Executive ••� Board and member jurisdictions. ^� 19. Work with administering agency to maintain records and produce ®® regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. 20. Organize and host monthly Executive and Advisory Board public ®• m meetings. 21. Manage the Affordable Housing Inventory Dashboard contract. ••m I G 22. Maintain and update the SKHHP website. 23. Advance work on SKHHP Foundation efforts to establish logistics, a administration, and pursue federal nonprofit status. Indicators o Work plan and budget adopted o Quarterly progress reports prepared and presented to Executive Board o Financial reports and public records maintained o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled o Website maintained o Application submitted for SKHHP Foundation 501c3 status Resolution No. 2023-01 May 19, 2023 Page 6 of 7 91 RESOLUTION 2023-01 - ATTACHMENT B 2024 SKHHP Operating Budget Estimated beginning fund balance - January 1, 2024 $ 205,736 Estimated ending fund balance -December 31, 2024 $ 144,877 REVENUES Auburn $ 39,543 Burien $. 22,814 Covington $ 11,407 Des Moines $ 11,407 Federal Way $ 51,710 Kent $ 51,710 Maple Valley $ 11,407 Normandy Park $ 6,084 Renton $ 51,710 Tukwila $ 11,407 King County* $ 51,710 Additional King County* $ 23,290 Interest earnings $ 2,100 Office space (in -kind donation) $ 12,000 TOTAL REVENUES $ 358,299 Spend down balance $ 60,859 TOTAL $ 419,158 EXPENSES Salaries and benefits $ 305,344 Interfund IT $ 31,500 Advisory Board compensation $ 14,400 Office space (in -kind donation) $ 12,000 Other professional services/Misc. $ 6,400 Travel .$ 5,250 Professional development $ 5,250 Supplies $ 2,000 Subtotal $ 392,144 Administering agency - 10% admin fee** $ 37,014 TOTAL $ 419,159 *King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional affocation decreasing to maintain a total contribution of $75,000-peryear. - **10% administrative fee is calculated, as a percentage of operating costs which excludes in -kind donations and carry -forwards. Resolution No. 2023-01 May 19, 2023 Page 7 of 7 oy COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY REGIONAL AGREEMENT OPIOID ABATEMENT COUNCIL INTERLOCAL AGREEMENT POLICY QUESTION: Should City Council approve the King County Regional Agreement Opioid Abatement Council Interlocal Agreement? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brid eford, Community Services Mana er DEPT: Community Development Attachments: 1. Staff Report 2. King County Regional Agreement Opioid Abatement Council 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: DIRECTOR APPROVAL: 7 June 2023 a Initial Dale COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the June 20, 2023 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERIC'S OFFICE) COUNGIi AC-T-IONT--- -- ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 93 CITY OF FEDERAL WAY MEMORANDUM_ DATE: June 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD Community Development Director Sarah Bridgeford, Community Services Managers SUBJECT: King County Regional Agreement Opioid Abatement Council Financial Imnaets: The cost to the City for the King County Regional Agreement Opioid Abatement Council will be 10% of the annual settlement proceeds received by the City to cover the administrative costs. The proposed agreement includes the City's Real Estate Excise Tax (REET) as the funding source, though an alternate may be agreed upon. The City will identify and approve a funding source, which may or may not be REET, at a later date to be compliant with the agreement. While each city will initially contribute 10% of the settlement funds it receives each year, King County as the OAC administrator will true up administrative costs at the end of each year and each agency will pay a portion of those administrative costs proportionate to the amount of the settlement funds it received compared to the amount received by the remaining parties. However, this true -up cannot exceed 10% of the settlement amount the City received. This true -up will occur in the first quarter of each year, beginning in 2024. Background Information: Litigation against several opioid manufacturers and distributors settled with a number of states. Washington's settlement required that all local governments, in order to receive a portion of the settlement fiends allocated to their state, enter into an agreement through which they agreed to use the settlement funds toward approved purchases and to form, at the county level, an "Opioid Abatement Council" (OAC) to be responsible for monitoring expenditures reported by those local governments for compliance with the settlement agreement. Through- this interlocal agreement, local governments located within King County who joined in the class action lawsuits will maintain full discretion to use and distribute their allocation of opioid settlement funds as they determine is best, so long as their expenditures meet the requirements of the settlement agreement. Opioid settlement fiends can be used to 94 Rev. 7/18 treat opioid use disorders and to take action aimed at preventing opioid use disorders, responding to the opioid epidemic, and abating the opioid epidemic through leadership, planning, and coordination efforts. The OAC formed through this interlocal agreement will monitor distributions and expenditure of opioid settlement funds. Additionally, the OAC will fulfill the requirement to develop and maintain a public dashboard for the publication of expenditure data from local governments' use of the settlement funds. The OAC will be comprised of 2 representatives from King County, 1 representative from Seattle, and 1 representative chosen from the remaining 24 local governments to represent them. This representative allocation is proportional to the share of settlement fiends each of these agencies, received from the total allocated to Washington.' 95 Rev. 7/18 KING COUNTY REGIONAL AGREEMENT OPIOID ABATEMENT COUNCIL This regional agreement for an opioid abatement council is entered into among King County and the cities of Auburn, Bellevue, Bothell, Burien, Covington, Des Moines, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Mercer Island, Newcastle, Redmond, Renton,- Sammamish, SeaTac, Seattle, Shoreline, Snoqualmie, Tukwila and Woodinville, each a "Party" and jointly "Parties." SECTION 1. RECITALS WHEREAS, the State of Washington and other local governments have engaged in litigation with entities who manufacture, distribute, and dispense prescription opioids; and WHEREAS, the opioid litigation has resulted in various settlements and/or judgments with direct money payments to be made to the state and its eligible political subdivisions; and %AIUERr c the n,-.e na�h' YYIILI\Ld, 111Vng+On cm11olmind41m11 of Understanding Between Aa;hinatnn. hAlwinirvi•n1...a.•1•i.t.iac ("the MrJIJ"), attached hereto with ExhibitsA, R and r, and inrnrpnrated by referenre%tihirh hac keen previously approved and executed by the Parties, requires the formation of an opioid abatement council; and WHEREAS, the undersigned Parties do hereby adopt and implement this Agreement for the creation of the King County Regional Opioid Abatement Council ("OAC'), to be bound by the terms of this Agreement, the MOU and exhibits thereto, the settlement agreement provisions, and any applicable state statute(s). NOW, THEREFORE, it is hereby agreed by the Parties: SECTION 2. DEFINITIONS 1. "Approved Purposes" refers to the strategies specified and set forth in Exhibit A to the MOU. 2. "OAC Administrator" shall mean King County, the Party who shall perform the duties assigned to the OAC Administrator in Section 4.C. 3. "Opioid Funds" shall mean monetary amounts obtained through a settlement, judgment or any other manner from the Opioid Litigation. 4. "Opioid Litigation" shall mean the litigation between state and/or local jurisdictions and Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries, Allergan, Walgreens, Walmart, and CVS. 5. "National Settlement Agreement(s)" or "Settlement(s)" means the national opioid settlement agreements _involv_ing_Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries, Allergan, Walgreens, Walmart, and CVS. Page 1 King County Regional Agreement For Opioid Abatement Council 96 SECTION 3. PARTICIPATING ENTITIES The Parties to this Agreement are the political subdivisions in King County entitled to direct payment of Opioid Funds pursuant to the National Settlement Agreements derived from the Opioid Litigation. SECTION 4. CREATION OF THE KING COUNTY REGIONAL OAC Consistent with the MOU Exhibits A, B and C, the Parties create and establish the OAC to perform the duties and functions set forth in the MOU and herein. A. OAC Members 1. Membership— Representation on the OAC shall be roughly proportional to Opioid Fund distribution with a total of four party representatives: two from King County, one from the City of Seattle, and one chosen by the Sound Cities Association (SCA). All persons who serve on the OAC must have prior work or educational experience pertaining to one or more of the Approved Purposes. 2. Chair — As the OAC Administrator, one of the King County representatives to the OAC shall be the chairperson to preside at and lead all meetings of the OAC and to act as the representative of the OAC in any matters contemplated by the MOU. The chairperson is entitled to vote on all OAC business and at King County's discretion, the role of the chairperson may alternate between the two King County OAC representatives. 3. OAC Vacancies — In the event the OAC has a vacancy, the Party or Parties whose representative vacated the position shall select a new member for the OAC. 4. Alternates — Parties may designate alternate representatives to serve on the OAC in the absence of the Party or Parties' primary representative. Alternates must meet the same work/educational experience requirements as primary representatives. B. Duties of the OAC 1. Oversight — As provided in this Agreement, the OAC shall monitor distribution, expenditure, re -allocation, and dispute resolution related to the Parties' allocations of Opioid Funds for Approved Purposes within the King County Region. 2. Data Requirements — The OAC shall determine what data and in what form and under what timelines the Parties must provide to the OAC Administrator regarding the Parties' Opioid Fund allocation expenditures. Reports — The OAC shall annually review reports prepared by the OAC Administrator of the Parties' Opioid Funds allocation expenditures for compliance with the Approved Purposes and the terms of the MOU and any Settlement. 4. Re -Allocation of Opioid Funds— If the OAC is notified that a Party will forego some or all of its allocation of Opioid Funds, the OAC shall: (i) Request and then approve or deny proposals from other Parties and/or community groups for use of the allocation within the King County Region; and (ii) Direct the trustee responsible for releasing Opioid Funds to distribute the allocation to the Party(ies)_and/or community-group(s) whose proposals were approved by the OAC. King County Regional Agreement For Opioid Abatement Council Page 2 97 5. Reporting — The OAC shall report and make publicly available all decisions on Opioid Fund allocation and re -allocation applications, proposals, distributions, and expenditures by the OAC and the Parties.- 6. Dashboard —The OAC shall develop and maintain a centralized public dashboard or other repository for the publication of expenditure data from the OAC and the Parties that receive Opioid Funds. The dashboard or repository shall be updated at least annually. 7. Outcome Data — If necessary, the OAC shall require and collect additional outcome - related data from the Parties to evaluate the use of the Opioid Funds. The OAC shall work with the Parties to determine the type of outcome data to be collected. 8. Complaints —The OAC shall establish a process for hearing complaints and resolving disputes by Parties regarding the alleged failure of the OAC or a Party to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements. 9. Noncompliance — If the OAC finds that a Party's expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes of the MOU, or that the Party otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Party. Such remedial action is left to the discretion of the OAC and may include notifying the Settlement Fund Administrator of the noncompliant expenditures) and requesting suspension of direct payments to the offending Party and re -allocation by the OAC consistent with Section B.4. C. Duties of the OAC Administrator 1. Receipt of Expenditure Reports —The OAC Administrator shall receive and maintain the expenditure reports provided by the Parties pursuant to Section D.8 and shall provide them to the members of the OAC for the annual review required under Section B.3. 2. Re -Allocation —The OAC Administrator shall be responsible for requesting proposals, notifying the Settlement trustee as required, and maintaining records of distribution decisions for Opioid Funds subject to re -allocation under Section B.4. 3. Reporting — (i) The OAC Administrator shall fulfill the OAC's responsibilities for collecting data, preparing reports, and making information publicly available, including through the development, maintenance, and annual updating of a centralized public dashboard or other repository. (ii) The OAC Administrator shall set deadlines for the Parties to submit data to the OAC and the OAC shall not be responsible for any deficiencies in data or reports due to the failure of a Party to meet those deadlines or the reporting requirements under Section D. (iii) Nothing in this Section C shall relieve a Party of its responsibilities to maintain, report, and produce data or records as required by Section D, the MOU, and/or any Settlement Agreement. 4_ . Outcome -Data - If the OAC determines that o_utco_me-related data will be collected, the CAC Administrator will receive such data from the Parties and prepare any related reports as directed by the OAC. King County Regional Agreement For Opioid Abatement Council Page 3 98 5. Records Retention —The OAC Administrator shall maintain OAC records for no less than five (5) years and shall make such records available for review by other Parties or the public. Records requested by the public shall be produced in accordance with the Washington Public Records Act, chapter 42.56 RCW. Nothing in this section supplants any Party's obligations to retain and produce its own records as provided in this Agreement. Accounting of Administrative Expenses —The OAC Administrator shall prepare the annual accounting of OAC administrative expenses. D. Duties of the Parties 1. Notice of OAC Representative —Parties shall notify the OAC Administrator of its OAC representative and alternate, if any, and shall timely fill vacancies. 2. Use and Distribution of Opioid Funds —Parties shall maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. 3. Notice to Forego Allocation — If a Party chooses to forego its allocation of Opioid Funds, it will notify the OAC so the funds can be re -allocated as provided in Section 6.4. A Party's notice that it will forego its allocation of Opioid Funds shall apply to all future allocations unless the Party notifies the OAC otherwise. A Party is excused from the reporting requirements set forth in this Agreement for any allocation of Opioid Funds it foregoes. 4. Allocation Amount — If a Party disputes the amount it receives from its allocation of Opioid Funds, the Party shall resolve the dispute with the Settlement Fund Administrator. However, the Party shall alert the OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert the OAC within this timeframe shall not constitute a waiver of the Party's right to seek recoupment of any deficiency in its allocation. 5. Collaboration — Parties may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds as long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the MOU and the Settlements. 6. Proposal Methodology— Parties shall develop and implement a methodology for obtaining, receiving, and reviewing proposals for use of their allocation of Opioid Funds. 7. Community -Based Input — Parties shall ensure an opportunity for community -based input on priorities for Opioid Fund allocation strategies. 8. Reporting — Parties shall report to the OAC Administrator on all expenditures of Opioid Fund allocations. The specific data to be provided shall be determined by the OAC. 9. OAC Administrative Payment —As further described in Section 6, beginning in 2023 each Party shall contribute 10% of its annual Opioid Funds allocation to pay for OAC Administrative Costs. 10. Party's Administrative Costs — After the 10% OAC Administrative Costs contribution, the administrative -costs for a -Party to administer -its -allocation of Opioid Funds shall not exceed 10% of the remaining allocation or actual costs, whichever is less. Page 4 King County Regional Agreement For Opioid Abatement Council 99 11. Records Retention - Parties -shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available -for review -by other Parties, —the OAC, or the public.. Records requested -by the public shall be produced in accordance with the Washington Public Records Act, chapter 42.56 RCW. Records requested by another Party or the OAC shall be produced within twenty-one (21) days of the date the record request was received. Nothing in this Agreement supplants any Party's obligations under the Washington Public Records Act. SECTIONS. OAC ACTION A. The OAC shall take action by way of motion and such motions shall be adopted if approved by a favorable majority vote. B. Any action by the OAC shall not be effective unless approved by a quorum of the members. The OAC quorum shall be a simple majority of its members. SECTION 6. FINANCING OF OAC ADMINISTRATIVE COSTS A. The OAC Administrator shall act as the fiscal agent for the OAC and shall hold funds and pay, either directly or through reimbursement, administrative costs related to the OAC ("OAC Administrative Costs"). Beginning in 2023, each Party shall contribute 10% of its allocation of Opioid Funds to an appropriate fund held by King County Treasury to pay for OAC Administrative Costs. The OAC Administrator shall annually calculate and notify each Party and King County Treasury of the amount of each Party's required contribution. Within 90 (ninety) days of receiving notification, King County Treasury shall transfer the appropriate amounts from each Party's Real Estate Excise Tax (REE T) account to the OAC Administrative Costs fund. King County Treasury and a Party may agree on a procedure other than REET transfer for accepting a Party's contribution. C. Each Party's share of responsibility for annual OAC Administrative Costs shall be proportionate to the number of Opioid Funds the Party received in that year as compared to the amount received by other Parties. D. OAC administrative expenses shall not exceed 10% of the Parties' combined annual Opioid Funds received or actual costs, whichever is less. This does not preclude a Party from using 10% of its remaining allocation of Opioid Funds, after it's OAC Administrative Cost contribution, for its own administrative costs as outlined in the MOU and in Section D.10. Beginning in 2024, the OAC Administrator shall provide the Parties with an annual accounting for the prior year (July 1 to June 30) of all actual OAC Administrative Costs along with the allocation showing each Party's proportionate share of the costs. F. If the amount contributed by a Party to the OAC Administrative Costs fund under Section 6.13 in a year exceeds that Party's proportionate share of the OAC Administrative Costs for that year, Page 5 King County Regional Agreement For Opioid Abatement Council 100 King County Treasury shall retain the excess amount in the OAC Administrative Costs fund and reduce that Party's required contribution for the following year by that same amount. Any excess contributions remaining in the fund after termination and payment of all OAC Administrative Costs will be returned to the contributing Party for use as authorized by the MOU. SECTION 7. DURATION This Agreement shall be effective for the time period that the political subdivisions receive payments under any of the Opioid Litigation claims and shall continue to be effective until one year after the final payment of such funds. SECTION 8. TERMINATION This Agreement shall be self -terminating one year after the final distribution of funds and all reporting finalized through or by the Parties to the MOU. SECTION 9. MODIFICATIONS OR AMENDMENTS This Agreement may be modified or amended upon written agreement by all participating Parties, except that the OAC may amend the definitions of Opioid Litigation and National Settlement Agreements in order to make this Agreement applicable to future opioid litigation settlements. Any, modifications or amendments to the Agreement must be consistent with the terms of the MOU and the Settlements. SECTION 10. HEADINGS The article headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the articles to which they appertain. SECTION 11. ENTIRE AGREEMENT This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous discussions and agreements. Understandings, representations, or warranties not contained in this Agreement or a written amendment hereto shall not be binding on any Party. SECTION 12. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this -Agreement which can be given -effect without the-invalid-terTcondition, or application. To this end the terms and conditions of this Agreement are declared severable. Page 6 King County Regional Agreement For Opioid Abatement Council 101 --In the event any portion of this Agreement -should -become invalid or -unenforceable,, the remainder -of the Agreement shall remain in full force and effect. SECTION 13. NON-DISCRIMINATION The Parties, their employees, and agents shall not discriminate against any person based on any reason prohibited by Washington state or federal law as -adopted or subsequently amended. SECTION 14. COMPLIANCE WITH LAWS The Parties shall observe all federal, state, and local laws, ordinances, and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION 15. GOVERNING LAW; VENUE This Agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions hereto shall be instituted only in courts of competent jurisdiction within King County, Washington, unless relocation or commencement elsewhere is required by law. WHEREFORE, the undersigned executive authorities do hereby approve and adopt the Agreement as set forth herein. Done on this _ day of , 2023. Name and Title Mayor Jim Ferrell On Behalf Of City of Federal Way King County Regional Agreement For Opioid Abatement Council Page 7 102 COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECURITY FOR CITY PARKS AND FACILITIES POLICY QUESTION: Should the City Council approve the contract with Pierce County Security, Inc. and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Autumn Gressett MEETING DATE: June 13, 2023 ❑ Public Hearing ❑ Other DEPT: Parks Attachments: 1. Staff Report 2. Security for City Parks and Facilities Professional Services Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: kh o l3 ini aic COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BEL0WTO HE COMPLETED BYCITYCLERKS 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 # 103 CITY OF FEDERAL . W A Y MEMORANDUM DATE: June 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director SUBJECT: Security for City Parks and Facilities Financial Impacts: The cost to the City for Security Services was included within the approved budget under the Parks Department,114-1810-331-576-80-410. In accordance with the approved budget, this item is funded by General Fund. Background Information: The contract for Security for City Parks and Facilities expires this year. Staff requested quotes for services in April to secure a new contract that will ensure continuity of security services and the safety of our valued public -spaces and the public who uses them. Based on a thorough evaluation of submitted quotes, Pierce County Security, Inc. was the lowest bidder, offering cost-effective security services. Staff recommends a three-year term contract. 104 Rev-7/18 4% CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mmc Wffedera away can PROFESSIONAL SERVICES AGREEMENT FOR SECURITY FOR CITY PARKS AND FACILITIES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pierce County Security, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: PIERCE COUNTY SECURITY, INC.: Glen Weller, President 2002 99th Street E Tacoma, WA 98445 (253) 535-4433 (telephone) (253) 535-0747 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: George Richen, Parks & Facilities Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) (253) 835-2709 (facsimile) George.richenO.cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2026 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) -days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hou11X5 r flat rate charged by it for its services contracted for PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 un OF .L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible -for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Nan -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of oction, arbitrations, mediations, proceedings, judgments, PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF `A 1% Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 avwwC1tWffederz &ay.Com awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENT LALITY. All information regarding the City obtained by Contractor in performance of spo,4ect to applicable laws. Breach of confidentiality by the this Agreement shall be considered confidential and PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 4!CITY OF ,AN -S,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cftyoffedera1way com Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor: The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all.reasonable times, to inspection, review, or audit by the City, its authorized representative_, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital statusi o gonorably discharged veteran or military status, sexual PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 C17 Y OF CITY HALL tWay 33325 8th Avenue South Federal Way. WA 98003F�d raI -6325 ��� (253) 835-7000 4vwwcr"ffederalway com orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Intefl=tation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to 109 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 Clrr OF - CITY HALL 33325 8th Avenue South Fe d e ra N Way Federal Way: WA 98003-6325 (253) 835-7000 avwwcrtyoffaderalway corn exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants,, agreements or -options; and the same shall be and remain -in -full force -and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. if the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 110 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY OF A* ,sS,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: PIERCE COUNTY SECURITY, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF } ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of Pierce County Security, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 2023. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 111 PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 cirr OF AN Federal Way EXHIBIT A - SERVICES The Cont.--actor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6.325 (253) 835-7000 www cityoffederalway com The Contractor will furnish all labor, tools, vehicles, and specialized equipment to accomplish the following contracted services: Locking gates and restrooms upon park closures, which is generally dusk. However, sporting and special events as referenced under each location, can cause this time to vary, varied times will be mutually agreed upon between City and selected contractor at least 48 hours in advance, ensuring park patrons have left City property and restrooms prior to locking. Flexibility in locking schedule is required when seasonal events or permitted activities are occurring in parks after hours, such as concerts and softball or soccer tournaments. 2. The Contractor shall have a Certified Protection Professional (CPP) professional on staff that can oversee and train staff properly. The City will consider similar certifications, years of experience, or other applicable qualifications that clearly demonstrate the key components of security as an alternative. 3. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State laws, regulations, and practices with respect to work performed for the City of Federal Way. Contractor and employees shall be trained and skilled to perform security duties. 4. The Contractor's personnel will conduct themselves on site in a professional manner at all times. 5. Each employee will wear or display the company's name and/or logo while performing work under the contract. Vehicles working on City sites will have company name and phone number displayed. 6. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960, After hours emergencies should be reported to the Police/Fire Communications Center by calling 911. The Contractor shall report any damage to City property or private property caused by the Contractor or Contractor's employees and, at his or her expense, will remedy any damage to public or private property in a timely manner and as agreed to in writing with the City. 7. Incidents, altercations, or accidents involving the public shall be reported to the City's contract administrator within 24 hours. The administrator, at their discretion, may require a written report from the Contractor describing the incident or accident. The Contractor agrees to participate in any investigation resulting from any such incident. 8. The Contractor, at their expense, will remedy any damage to public or private property in a timely manner. 112 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 C,�S� ITY Way Locations & Specifications: CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 evww cityoffederaiway. com 1. Celebration Park - 1095 S. 324th St (reference Exhibit C for location map) i. Upper softball plaza — check facility `A" and lock restrooms, lock north and south plaza gates. Visual check of east and west plaza gates. ii. Check lower restroom facility `B" and lock restrooms iii. Visually check that facility "C" is secured. (maintenance building) iv. Clear parking lots and lock upper and lower lot gates (4 gates total) 2. City Hall - fenced fleet parking lot near; 600 S 333rd St (reference Exhibit D for location map) i. Lock 2 gates to the fleet vehicles, on the north side of the parking lot. ii. (note: there are 2 other fenced areas that are managed by the Police Dept) , 3. Dumas Bay Sanctuary - 30844 44th Ave SW (reference Exhibit E for location map) i. Lock entrance gate at dusk ii. Unlock entrance gate by 7:00 AM 4. French Lake Park - 31531 1st Ave S (reference Exhibit F for location map) i. Lock entrance gate to the off -leash dog area ii. (May - Aug. locked @ 9 PM; Sept. - April locked @ Dusk) 5. Steel Lake Park and Sports Annex r 2410 S. 312th St (reference Exhibit G for location map) i. Lakeside — lock the entrance gate, lock walk through gate on west side, check beach facility & lock restrooms, drive by and check other buildings and lock the exit gate. ii. Sports Complex side - check restroom facility and lock restrooms iii. Check Parks Maintenance Temporary Office Trailer Doors and gates iv. Security check of Historical Society building and Barn 6. Lakota Park - 31334 SW Dash Point Road (softball fields) (reference Exhibit H for location map) i. Lock restrooms and check that gates are secured. 7. Sacajawea Park - 1401 S Dash Point Rd. (Soccer and softball) (reference Exhibit I for location map) i. Lock upper restrooms near playground — summer only May thru Sept. ii. Lock lower restrooms near softball fields iii. Lock Sacajawea parking lot gate 9. Saghalie Park - 33914 19th Ave. SW (behind the school) (reference Exhibit J for location map) i. Lock upper restroom by tennis. courts ii. Lock lower restroom by softball fields iii. Lock gate leading toward lower restroom by softball fields. iv. Lock gate to upper parking lot from SW 340th v. Lock gates to lower parking lot from 19th Ave. SW 10. Town Square Park — 31600 Pete von Reichbauer Way S. (reference Exhibit K for location map) i. Lock restrooms and check that gates are secured 113 PROFESSIONAL SERVICES AGREEMENT -9- Rev. 4/2023 CITY OF L Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 4yVYli'; cayoffederal pvay. Cof it —11 an herLake Trailhead - SSq Campus Drive SW (reference Exhibit L for location map) i.'Lock entrance gate ii. Unlock entrance gate by 7:00 AM 114 PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 Y OF Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffedefatway com 1. Total Cony ensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred thousand and 00/100 Dollars ($100,000.00). 2. Method of Compensation: Pierce County Security, Inc. monthly rate schedule Monthlv Rates: CelebrationPark................................................................................................ $431 per month City Hall fenced fleet parking... - . ........... .................................................. .... ........$ 07 per month „2 Dumas Bay Sanctuary (to close & open).................................................................... $207 per month FrenchLake Park................................................................................................$207 per month Steel Lake and Sports Annex... .. - . ................ ......................................................... $345 per month LakotaPark...................................................................................................... $207 per month SacajaweaPark..................................................................................................$345 per month SaghaliePark....................................................................................................$207 per month TownSquare Park.............................................................................................$207 per month Panther Lake Trailhead........................................................................................$207 per month 3. Additional Services as Needed: In consideration of the Contractor performing additional Services as needed, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Y Trouble calls at the contracted locations listed shall be charge at $42.00 per hour, per incident. ■ Onsite guard service, if needed, will be charged at $42.00 per hour when given at least 24 hour prior notice. If given less than 24 hour notice, the service charge will be $63.00 per hour. 4. Method of Pa ment: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. 115 PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 4/2023 J JC r. lotr, •ti LU l+e.J J y d 9 4. 1 - - H t- i Are r *P. 4.tAlma t JL- .. Y L � �", ■ 1 rs �. ,•oF b !ir fir, �' • ~. + � ti it + r I ilk, ry --t -1p a' ap'" -A" I .71:7i4 ! 15" o F f� J n° C a 60 LL - ► ti r rli a 42 Q ; u- o OL +- 4� ap L� F � im ow �� * 'f� • . OF I f r 7� _ • I i . e e `• a wF If rt • r r�r.s �� ,1oe et.. 122 r�. Alf y + i b It ; _ -,+ all* On l• �• _ . Ko�e ;� of Fe 'It Upper 7 is- A ZA OF Ll 0, SJA Ile - jr F 'hit xhibit th. art La I ■ Af V-. rib Gate -70 CITY OF Federal Way Centered on Opportunity This page was intentionally left blank. 126 COUNCIL MEETING DATE: June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: Parks, Recreation & Open Space Plan (PROS) update, Brooklake & Steel Lake Master Plans POLICY QUESTION: Should the City Council Allocate $266,376 of King County Levy money to fund the Parks, Recreation, & Open Space Plan (PROS) Plan update, Brooklake Master Plan, and Steel Lake Master Plan and authorize staff to enter into a professional services agreement for this work? COMMITTEE: PRHSPS CATEGORY: MEETING DATE: 6/13/2023 Z Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: _ DEPT: Attachments: 1. Staff Report 2. AHBL Proposal Options Considered: 1. Approve the proposed allocation of $266,376 of King County Levy money and authorize staff to enter into a professional services agreement. 2. Do not approve proposed allocation of $266,376 of King County Levy money or authorize staff to enter into a professional services agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL' W-*-!3 DIRECTOR APPROVAL• Commit oe coun'A I tiallL7ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward approval of allocating King County Levy funds and entering into a professional services agreement to the June 20, 2023, consent agenda. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "7 move approval of the proposed allocation of $266, 376 of King County Levy money for the plan updates and authorize staff to enter into a professional services agreement. " BELOW To BE COMPLETED BY CITY CI_EI? '.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 # 127 C ITL Y OF FEDERAL WAY MEMORANDUM DATE: -- 6/13/2023 - TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Deputy Director SUBJECT: Allocation of King County Levy for PROS Plan Update, Steel Lake Master Plan, and the Brooklake Master Plan Financial Impacts: The Parks, Recreation, and Open Space Plan (PROS) Update, Steel Take Master Plan and the Brooklake Master Plan items were not included within the approved budget for the Parks Department. Funds were requested, but these items were not funded and are currently on the pending list generated by the Finance Department. The Parks Department proposes the projects be funded by King County Levy funds collected by the City. Upon completion of the PROS Plan Update, Steel Lake Master Plan, and the Brooklake Master Plan, future costs will be unfunded as these are studies. The PROS Plan Update will determine the future direction of our Parks Department, which will inform overall budget needs and financial impacts for the coming years. Similarly, upon their completion, the Brooklake and Steel Lake Park Master Plans will determine how to best prioritize and improve these community spaces, which will help us determine potential future financial needs and impacts. PROS Plan Update $92,240 Brooklake Master Plan $72,800 Steel Lake Master Plan $77,120 Contingency $24,216 Grand Total: $266,376 Background Information: Parks Department staff has been working with the Community Development Department on the Parks chapter of the Comprehensive Plan Update planned for completion in 2024. To promote efficiency and a holistic approach to both efforts, updating the PROS Plan at this time will also allow it to serve as the Parks Chapter of the Comprehensive Plan. Under this plan, the PROS Plan update has major implications for the Parks Department and the City as a whole. The Parks Commission Work plan has had master plans for Brooklake and Steel Lake Park on its annual work plan for each of the past 5 years, but the efforts have never moved forward due to a lack of funding. Due to the importance of these master plans being a cornerstone of the larger PROS Plan update, and all three undertakings important components of the Parks chapter of the 2024 Comprehensive Plan, the Parks Department'needs these plans completed. With no other funding options, staff is recommending use of King County Levy funds as these items are eligible for the use 128 Rev. 7/18 of levy money and satisfy the levy requirements. Staff worked with AHBL over the first half of this year developing and revising the scope of services and project schedule, which are a part of this packet. 129 Rev. 7/18 CITY OF FEDERAL WAY 2024 PARKS, RECREATION & OPEN SPACE (PROS) PLAN UPDATE AND COMPREHENSIVE PLAN PARKS & RECREATION CHAPTER SCOPE OF SERVICES Task 1: Project Kickoff, Data Collection and Analysis Task 1 activities are focused on gathering the relevant information to understand current parks, recreation, and open space conditions that may have changed since the 2019 update of the City's Parks, Recreation and Open Space (PROS) Plan. A. Pro ect Kickoff Meeting/Work Session To commence the project, AHBL and City staff will conduct a kickoff meeting to confirm the project scope, schedule, and budget. During this meeting, we will discuss specific format for integrating the PROS Plan into the active update to the City of Federal Way Comprehensive Plan and the new nark_ and o.. atilo Comprehensive Plan liianior i-dl ns al lu rwcreau�ikk vvk i kprck kci iSiVc Plan k B. Facilities Inventory AHBL staff will rely on the inventory of existing facilities prepared for the 2019 PROS Plan. This information will be supplemented by City staff to document improvements that have been constructed subsequent to the adoption of the PROS Plan and park land that may have been added to the City's portfolio. C. Data Collection & Exisfiffl Conditions Analysis City staff, in consultation with AHBL, will assemble and provide all relevant City plans, documents, maps, and studies. Information to be provided to AHBL will include, but is not limited to: • City Comprehensive Plan; • City demographic information; • FaEcWties inventory of existing City parks and recreation facilities that may have changed since adoption of the 2019 PROS Plan; • Updates to the annual maintenance schedule; • Updates to the Parks & Recreation staffing numbers (i.e. number of staff in maintenance, administration, recreation leaders, seasonal, etc.); • Updates to the Recreation & Cultural Programs subsequent to the COVID pandemic service interruptions, including their locations and frequency/schedule; Based on the findings from this analysis and the facilities inventory, AHBL staff will meet with City Parks staff to identify facility needs that may not be included within the 2019 PROS Plan but are anticipated to be needed over the course of the 20-year planning horizon. We will prepare a memorandum of bur findings. Task 1 Assumptions • City staff will provide all relevant background documents for AHBL use. Task 1 Deliverables • Prepare and maintain project schedule; • Minutes from project kickoff meeting and city staff meetings; and 1�0 • Brief, up to 2-page summary/overview of existing conditions and needs that can be used in the new Parks & Recreation Comprehensive Plan chapter. Task 1 Meetings One project kickoff meeting with City staff; and Three meetings to discuss park and facility needs over the longer 20-year time horizon. Task 2: Public Engagement AHBL will attend and facilitate two public open houses (dates to be determined) and up to three stakeholder group meetings to solicit input from the general public and gain initial direction on needs and desires for future improvements and programming for parks and recreation sites. The first public open houses will also identify the scope of the proposed revisions to the PROS Plan for public feedback. The second open house will be to share the draft PROS Plan and solicit comments. AHBL staff will prepare PowerPoint presentations, boards, handouts, and other meeting collateral necessary to facilitate the open houses. The scope of work also includes preparing a survey for electronic public distribution on the City's website. Task 2 Assumptions ■ City staff will be responsible for posting graphic material notifying parks and recreation site users of the PROS Plan update; and • City staff will handle the meeting logistics (invitations, location and setup) for stakeholder meetings and the public open house. . The survey will be hosted on the City's website. Task 2 ❑eliverables e Graphic material for printing and posting in City parks and recreation sites notifying users of the PROS Plan update; ® Meeting materials for the public open house and which the City may use in other outreach activities for the comprehensive plan update; and Draft and final survey for distribution on the City's website. Task 2 Meetings Two public open houses; and ® Up to three, 1-hour stakeholder group meetings. Task 3: Prepare Draft PROS Plan This phase of work involves preparing the draft PROS Plan including all related maps, graphics, and narrative descriptions. A. Cha t� ter 1: l ntroduction AHBL staff will revise/update Chapter 1 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the open house: Plan Process o AHBL will revise/update as needed to describe the planning process utilized for the PROS Plan update. 131 • Public Involvement o AHBL will revise/update this section as needed to reflect the open houses that will occur to support this work. Core Values o AHBL will revise/update this section as needed to be consistent with the City's updated Comprehensive Plan, Vision, Goals and Policies and the City Council Goals. This section will be informed by feedback received during the public engagement for the PROS Plan update occurring in Task 2. The Core Values will be updated as needed to reflect consistency with the City of Federal Way's Periodic Update to its Comprehensive Plan. • Parks & Open Space Vision o AHBL will revise/update this section as to reflect changes that have occurred since the 2019 PROS Plan and changes that result from coordination with the ongoing effort associated with the City of Federal Way's Periodic Update to its Comprehensive Plan. B. Cha ter 2: Communi Profile AHBL staff will work with City planning staff to acquire new demographic information related to the 20-year plan timeframe (2024-2044). C. Chapter 3: Existing Park and Open 5t9ace System Where appropriate, AHBL will format the-CNMAer and replace text heavy sections and tables with information that can be conveyed by graphics. For the purposes of this scope, all graphics are prepared under Task 4.A, though they may be prepared concurrently with this Task in order to facilitate City review. D. Chapter 4: Recreation and Cultural Arts Programs AHBL and City staff will revise/update Chapter 4 of the City's 2019 PROS Plan. City staff will be responsible for updating AHBL staff about the City's Recreation and Cultural Arts Programs post - pandemic. AHBL will be responsible for identifying recreation and cultural arts program demand from interviews with City staff and other demographic projections based on the City's planned growth. This work will be tied to the analysis of the level -of -service work that will be prepared under Chapter 5. E. Chapter 5: Needs Assessment and Recommendations AHBL and City staff will revise/update Chapter 5 of the City's 2019 PROS Plan. AHBL will be responsible for Updating the following sections based on input from City staff and public engagement. Introduction o AHBL will revise/update this section as needed based on public feedback generated during stakeholder engagement and community values and visions generated during meetings with stakeholder group and Parks Commission. o City staff will provide information on local trends in participation and use of existing facilities as requested in Task 1. o AHBL will identify any new state/national trends in recreation and update/revise narrative. 132 Needs Assessment o AHBL will compile LOS standards for up four to municipalities identified by the City for comparative analysis. o AHBL will compile National Recreation and Park Association (NRPA) LOS standards. o AHBL will simplify and clarify the discussion of what LOS is and where the formulas come from to calculate it. o AHBL will revise/update the narrative for adopted level of service standards and the tables used to present the City's current resources within each category. o Provide. for the comprehensive plan chapter, a 10-year parks and recreation demand estimate to be consistent with Growth Management Act (GMA) requirement. Park Classifications and Level of Service o It is assumed that no changes in the park classifications are proposed. o AHBL will work with City staff to consider appropriate level -of -service standards for the City based on the amount of growth that is anticipated over the 2024-2044 planning horizon; both overall and in different areas of the City where growth is expected through 2044 in relation to existing parks and recreation facilities. ® Plan Recommendations o AHBL to revise/update as needed based -on results of the meetings with City staff, the Parks Commission, and other public engagement. F. Chapter 6: Goals and Policies AHBL and City staff will revise/update Chapter 6 of the City's 2019 PROS Plan. AHBL will be responsible for updating the goals and policies of the PROS Plan with those developed during stakeholder meetings and meetings with the Parks Commission and City staff. Goals and Policies will be updated for consistency with the Cornprehensive Plan, as applicable. G. Chapter 7 IrnploMentation AHBL and City staff will rev"opdate Chapter 7 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Co'mmissiion, and the stakeholder group: Phasing of Implementation o AHBL to revise/update as needed. • Potential Funding Sources o AHBL to revise/update as needed. 6-Year and 20-Year Capital Improvement Plan o AHBL to revise/update as needed based on discussion with City staff and the Parks Commission regarding priorities for near term, mid-term and long-term projects that will inform the 6-year GIP, some of the longer -term projects will be placed on a 7 to 20-year CI P. o City staff to assist AHBL with the updates to Tables 7.1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle. H. Appendices AHBL and City staff will revise/update Appendix A, B and C of the City's 2019 PROS Plan. 193 Appendix A o AHBL to revise/update the Park and Open Space Inventory and Assessment based on the Facilities Inventory provided by City staff in Task 1. Where significant changes have not occurred to the key features of a park, it is anticipated that AHBL will leave those sections largely unchanged. The focus of this effort is to ensure that the park information is all up to date and new parks or changes to park facilities have been accounted for. Appendix B o AHBL to update based on LOS standards chosen by City staff based on review of LOS research in the technical memorandum prepared in Task 1. o City staff to review LOS research in the technical memorandum prepared in Task 1 and provide feedback on what LOS standards they would like to use. o AHBL to update facilities narratives based on Facilities Inventory prepared by City staff in Task 1. Appendix C o AHBL to update based on Facilities inventory prepared by City staff in Task 1 and discussion with City staff and Parks Gommission regarding constraints and potential/oppoliunities for City pares, trails and open spaces. Task 3 Assumptions City staff will be responsible for providing demographic information to AHBL. o All charts will be provided in Microsoft Excel so as to allow AHBL the underlying data for reproducing charts using Adobe Illustrator during Task 4.A. City staff will assist AHBL with updates to Tables 7_1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle; City staff will be available by phone or email as questions arise during the PROS Plan update; • City staff will be responsible for reviewing the draft plan provided by AHBL and making comments or changes using the track changes function in Microsoft Word. Task 3 Deliverables Draft plan in Microsoft Word format to allow City staff to make comments or changes using ,the track changes function. Task 3 Meetmc�s ■ AHBL will meet with City staff and Parks Commission up to six times to receive feedback on draft plan chapters. Task 4: Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts A. Layout and Graphics Production AHBL will develop infographics and prepare final tables and charts for inclusion in the final draft plan. For the purpose of this scope, some of these graphics under this item will be prepared concurrent with Task 3 so that City Parks staff can review and approve them. 1 �4 B. Final PROS Plan AHBL will incorporate changes/feedback received on the draft plan during Task 3 and prepare the final plan document. Prior to Task 4, AHBL will incorporate changes to the PROS Plan using Microsoft Word to allow for easy commenting and editing by the City and consultant. The final Draft PROS Plan will be laid out using Adobe InDesign complete with pictures, graphics, and tables. AHBL will deliver the final plan to City staff in multiple formats, including an Adobe PDF file, as well as one additional online format suitable for reading on a mobile device. We assume that the same template from the 2019 PROS Plan will be used for the 2024-2044 PROS Plan. C. Condensed/SurnmaU Version of PROS Plan for Comprehensive Pian Chapter Provide a summary version of the PROS Plan that can fora the foundation of the new Comprehensive Plan Parks & Recreation chapter. City Staff will work with AHBL on how this summary version may be customized with content that is required for the Comprehensive Plan but not the PROS plan, such as: i. Description of consistency with other Comprehensive Plan chapters; ii. Summary overview of existing conditions and needs; iii. 10-year parks and recreation demand esemates; and iv. Description of intergovernmental coordination and outside partnerships to help meet parks and recreation demand. Task 4 Assumptions ■ City staff will provide all feedback on the PROS Plan update during the draft plan stage. Any changes requested after the final plan has been laid out will be minor and will be focused as to the exact page and location of the text charge. ® The 2024-2044 PROS Plan will utilize the Z019 InDesign document template. Task 4 Deliverables Charts, tables and infographics for ,inclusion in the final draft PROS Plan; Final draft Parks, Recreation and Open Space Plan; and Elecfro� files of find adopted PROS Plan — in Adobe PDF file, and one additional online format suitable for reading on a mobile device. Task 5; PW Approval and Adoption AHBL will provide technical support to the City Council during final deliberations and approval of the updated Parks, Recreation & Open Space Plan, adoption of the Parks and Recreation Comprehensive Plan Chapter, and related ordinances. AHBL shall attend two Parks Commission meetings for the purposes of presenting the final draft PROS Plan and two City Council / Council Committee meetings and hearings as a part of the plan approval and adoption process. It is our understanding that joint meetings with the Planning Commission and Parks Commission may be desired. The scope that includes participation in Parks Commission meefiNs can be read to include joint meetings with the Planning Commission if desired. Task 5 Assumptions City staff will be responsible for printing, publication and distribution of the final document. Task 5 Deliverables Meeting materials for Parks Commission and City Council meetings/hearings. Task 5 Meetings i Preparation for and attendance at two Parks Commission public meetings; and 65 • Preparation for and attendance at two City Council Committee or full City Council meetings or hearings. Task 6: Reimbursable Expenses Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis. Budget and Fee N CN � O Q U M O Z c v >''5 © m can U F— w ` TOTAL $240 $160 $120 $105 Task 1: Project Kickoff, Data Collection and Analysis A. Project Kickoff Meeting/Work Session 4 4 4 0 $2,080 B. Facilities Inventory 2 2 4 8 $2,120 C. Data Collection & Existing Conditions Analysis 2 2 8 12 $3,020 Task 1: SUBTOTAL (hours) 81 8 16 20 Task 1: SUBTOTAL (fee} $7,220 Task 2: Public Engagement A. Public Open Houses (2) 8 16 28 24 $10,360 B. Stakeholder Meetings (3) 6 6 24 0 $5,280 B. Survey 6 6 20 0 $4,800 Task 2: SUBTOTAL (hours) 20 28 72 24 Task 2: SUBTOTAL (fee) $20,440 Task 3: Prepare Draft PROS Plan A. Chapter.1:Introduction 1 2 4 8 $1,880 B. Chapter 2: Community Profile 1 2 4 12 $2,300 C. Chapter 3: Existing Perk and Open Space System 1 2 4 8 $1,880 D. Chapter 4: Recreation and Cultural Arts Programs 2 4 4 32 $4,960 E. Chapter 5t Needs Assessment and Recommendations 2 4 4 32 $4,960 F. Chapter 6: Goals and Policies 1 4 4 16 $3,040 G. Chapter 7: Implementation 1 4 4 20 $3,460 H. Appendix A 2 4 0 24 $3,640 I. Appendix B 1 2 0 8 $1,400 J. Appendix C 1 2 0 8 $1,400 Task 3: SUBTOTAL (hours) 13 30 28 168 Task 3: SUBTOTAL (fee) $28,920 Task 4: Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts A. Layout and Graphics Production 2 8� 16 32 $7,040 116 C N C f/) C �- O Q N .0 Uc 4)Z tHc6 CU a mo� a) c TOTAL $240 $160 $120 $105 B. Final PROS Plan 0 24 48 24 $12,120 C. Condensed/Summary Version of PROS Plan for 4 12 0 24 $5,400 Com rehensive Plan Cha ter Task 4: SUBTOTAL (hours) 6 44 64 80 Task 4: SUBTOTAL (fee) Task 5: Plan Approval and Adoption A. Parks Commission Public Meetings (2) B. Materials for the Parks Commission Meetings C. Planning Commission (2) D. Materials for the Planning Commission Meetings E. City Council Meetings (2) F. Materials for the City Council Meetings Task 5- SUBTOTAL (hours) Task 5: SUBTOTAL (fee) SUBTOTAL REIMBURSABLE EXPENSES GRAND TOTAL 61 $24,560 4 4 0 0 $1,600 g 4 20 0 $3,280 2 2 0 0 $800 1 2 4 0 $1,040 4 4 0 0 $1,600 0 2 8 0 $1,280 12 18 32 0 WOO 48 48 97 1491 222 $91740 $1,600 $92,240 1357 CITY -OF FEDERAL -WAY - - BROOKLAKE PARK MASTER PLAN SCOPE OF SERVICES This recent addition of Brooklake Park to the City's parks portfolio has tremendous potential due to its proximity to Hylebos Creek, the Hylebos Wetland Park, and Blueberry Park. Moreover, this park is located in close proximity to the South Station Subarea Planning Area and is an area of the City that is generally lacking in parks. To that end, we appreciate the opportunity to provide this scope of work to assist the City with establishing a vision that will result in the preparation of a Master Plan for Brooklake Park. Our scope of services is listed below. Task 31: Research and Base Map 1. Visit the site to review site characteristics and the surrounding area for design purposes. 2. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. 3. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements, and available aerial photography. This item will utilize existing City data/information (such as GIS data or a survey) to minimize consultant scope. Collection of site data not readily available by the City is not included in this scope. Task 32: Visioning and Master Planning 4. Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Task 33: Project Coordination 7. Represent the project throughout the review and public engagement process. If there are additional studies requested that exceed the scope of the proposal, a separate proposal will be prepared for the work or we will coordinate this for you with other design consultants. 8. Coordinate with the City's selected architect regarding integration of a design plan for the Brooklake Community Center. 9. Attend bi-weekly meetings with the client and other AHBL staff throughout the course of the project. Task 34: Public Engagement and Public Hearing 10. Prepare for, and attend, one public Visioning Workshop using the base map prepared in Task 31 Item 3 to establish the purpose of the Visioning exercise and gather preliminary public feedback for inclusion in subsequent conceptual site plans. 138 11. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 12. Prepare for, and attend, one public meeting to present up to three conceptual site plans prepared in Task 32, Item 4 to establish public preferences in relation to the conceptual site plans. 13. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 14. Prepare for, and attend, one public meeting to present the final conceptual site plan to gather public feedback and preferences. 15. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 16. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Task 32, Item 5. 17. Summarize the results of the Master Planning services as a whole following the Parks & Recreation Commission meeting detailed in Task 34, Item 16. This summary will be used to identify and recommend any changes to the City's Parks, Recreation, and Open Space (PROS) Plan. Task 90: Reimbursable Expenses 18. Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis, with an estimate provided below. Budget and Fee Brooklake Park Master Plan A. Research and Base Map (Task 31) B. Visioning and Master Planning (Task 32) C. Project Coordination (Task 33) D. Public Engagement & Public Hearing (Task 34) TOTAL (hours) TOTAL (fee) REIMBURSABLE EXPENSES GRAND TOTAL c Cn c _ c O U m Q E Cnn a`) U z Z n F— cv_ m > U N u m Q Q c TOTAL $240 1 $160 1 $120 1 $105 2 12 40 8 $8,040 16 40 136 0 $26,560 24 32 36 0 $15,200 18 36 72 36 $22, 500 60 1 120 1 284 44 572,300 $500 $72,800 139 Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands, wildlife, and other specialists. b) Preparation, submittal, or securing of development permits including SEPA environmental review. c) Costs associated with the publication of legal notices for meetings and open houses in the newspaper. d) Costs associated with the preparation and installation of public notice signs associated with public engagement. e) Costs associated with substantial redesign after preparatinn of design development drawings. f) Dividing our work into more than one phase. 140 CITY OF FEDERAL WAY STEEL LAKE PARK MASTER PLAN SCOPE OF SERVICES Vehicular and pedestrian circulation issues and the recent decision to convert the Steel Lake Annex into a facilities site has made master planning for Steel Lake Park an important work item for 2023. To that end, we appreciate the opportunity to provide this scope of work to assist the City with establishing a vision that will result in the preparation of a Master Plan for Steel Lake Park. Our scope of services is listed below. Task 31: Research and Base Map Visit the site to review site characteristics and the surrounding area for design purposes. 2. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. 3. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements, and available aerial photography. This item will utilize existing City data/information (such as GIS data or a survey) to identify map critical areas and minimize consultant scope. The collection of site data not readily available by the City is not included in this scope. Task 32: Visioning and Master Planning 4. Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Task 33: Project Coordination Represent the project throughout the review and public engagement process. If there are additional studies requested that exceed the scope of the proposal, a separate proposal will be prepared for the work or we will coordinate this for you with other design consultants. 8. Attend bi-weekly meetings with the client and other AHBL staff throughout the course of the project. Task 34: Public Engagement and Public Hearing 9. Prepare for, and attend, one public Visioning Workshop using the base map prepared in Task 31 Item 4 to establish the purpose of the Visioning exercise and gather preliminary public feedback for inclusion in subsequent conceptual site plans. 10. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 141 11. Prepare for, and attend, one public meeting to present up to three conceptual site plans prepared in Task 32, Item 5 to establish public preferences in relation to the conceptual site plans. 12. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 13. Prepare for; and attend, one public meeting to present the final conceptual site plan to gather public feedback and preferences. 14. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 15. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Task 32, Item 5. 16. Summarize the results of the Master Planning services as a whole following the Parks & Recreation Commission meeting detailed in Task 34, Item 15. This summary will be used to identify and recommend any changes to the City's Parks, Recreation, and Open .,�, Space (PROS) Pull. Task 90: Reimbursable Expenses 17. Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis, with an estimate provided below. Budget and Fee c v0i c C ca nn n Q o U ca Z E ca a� can t H c � >13 U x cc m Q Q Q TOTAL r$-2-40. $160 $120 $105 Brooklake Park Master Plan A. Research and Base Map (Task 31) 2 12 40 8 $8,040 B. Visioning and Master Planning (Task 32) 16 48 192 0 $34,560 C. Project Coordination (Task 33) 18 18 36 0 $11,520 D. Public Engagement & Public Hearing (Task 34) 18 36 72 36 $22,500 TOTAL (hours) 54 1 114 1 340 44 TOTAL (fee) $76,620 REIMBURSABLE EXPENSES $500 GRAND TOTAL $77,120 142 Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands, wildlife, and other specialists. b) Preparation, submittal; or securing of development permits including SEPA environmental review. c) Costs associated with the publication of legal notices for meetings and open houses in the newspaper. d) Costs associated with the preparation and installation of public notice signs associated with public engagement. e) Costs associated with substantial redesign after preparation of design development drawings. f) Dividing our work into more than one phase. 143 PROS & Master Plans Project Schedule FEDRAC Meeting Packet Due FEDRAC Meeting to Discuss Scope of Work (SOW) City Council Meeting to Authorize SOW Notice to Proceed Meet with City staff to Discuss Design of Visioning Open House Collect Data and Prepare Basemap for Master Plans Kiosk at Miles for MESO and Red White and Blues Advertising the Steel Lake Park Workshop Public Notice of Steel Lake Park Visloning Workshop Steel Lake Park Visioning Workshop PRHSPSC Meetingto Discuss Architect SOW City Council Meeting to Athorize Architect SOW Kiosk at Movies in the Park Advertising the Brooklake Park Workshop Public Notice and Meeting Packet for Parks & Recreation Meeting PROS Plan Meeting to Discuss Goals and Policies Pubic Notice of Brooklake Park Visioning Workshop Brooklake Park Visioning Workshy Public Notice of Steel Lake Park Alternatives Workshop Steel Lake Park Alternatives Workshop Public Notice and Meeting Packet for Parks & Recreation Meeting PROS Plan Meeting to Discuss Level -of -Service (LOS) Standards Public Notice of Brooklake Park Alternatives Workshop Brooklake Park Alternatives Workshop Public Notice of Steel Lake Park Final Open House Steel Lake Park Final Open House Public Notice of Brooklake Park Final Open House Brooklake Park Final O en House Public Notice of Parks & Recreation Commission Meeting Parks & Recreation Commission Meeting to Consider PROS Plan with Master Plans Puhllc Notice of Planning Commission Meeting Plannine Commission Meeting Durations of 0 days are milestones FEDRAC: Finance, Economic Development, and Regional Affairs Committee LUTC: Land Use and Transportation Committee PRHSPS: Parks, Recreation, Human Services & Public Safety Committee Parks and Recreation Commission: First Thursday of each month Start End Notes Tue, May 9, 2023 Tue, May 9, 2023 Tue, May 23, 2023 Tue, May 23, 2023 Tue, Jun 6, 2023 Tue, Jun 6, 2023 Wed, Jun 7, 2023 Wed, Jun 7, 2023 Mon, Jun 19, 2023 Mon; Jun 19, 2023 Alex Campbell and Ali Masterson (Wayne Carlson on Vacation) Wed, Jun 7, 2023 Fri, Jun 23, 2023 Tue, Jul 4, 2023 Tue, Jul 4, 2023 Mon, Jun 26, 2023 Thu, Jul 6, 2023 Advertise as early as possible Thu, Jul 6, 2023 Thu, Jul 6, 2023 'To align with scheduled Parks & ;Recreation Commission Mtg Tue, Jul 11, 2023 Tue, Jul 11, 2023 Tue, Jul 18, 20231 ue, Jul 18, 2023 Sat, Jul 29, 20231 Sat, Jul 29, 2023 Thu, Aug 3, 2023 Thu, Aug 10, 2023 Thu, Aug 10, 2023 Thu, Aug 10, 2023 Meeting with the Parks & Recreation Commission Thu, Aug3, 2023 Thu, Aug 17, 2023 Thu, Aug 17, 2023 Thu, Aug17, 2023 Fri, Sep 1, 2023 Thu, Sep 14, 2023 Thu, Sep 14, 2023 Thu, Sep 14, 2023 To align with scheduled Parks & Recreation Commission Mtg Thu, Sep 21, 2023 Thu, Sep 28, 2023 Thu, Sep 28, 2023 Thu, Sep 28, 2023 Special Meeting with the Parks & Recreation Commission Fri, Sep 29, 2023 Thu, Oct 12, 2023 Thu, Oct 12, 2023 Thu, Oct 12, 2023 To align with scheduled Parks & Recreation Commission Mtg Fri. Oct 27, 2023 Thu, Nov 9, 2023 Thu, Nov 9, 2023 Thu, Nov 9, 2023 To align with scheduled Parks & :Recreation Commission Mtg Fri, Nov 24, 2023 Thu, Dec 7, 2023 Thu, Dec 7, 2023 Thu, Dec 7, 2023 Thu, Dec 28, 2023 Thu, Jan 11, 2024 Thu, Jan 11, 2024 Thu, Jan 11, 2024 Wed, Jan 10, 2024 Wed, Jan 17, 2024 Wed, Jan 17, 20241 Wed, Jan 17, 20241 or February 7, 2024 144 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Informational Update — FWCC Locker Room Assessment POLICY QUESTION: N/A — Informational Update Only ITEM #:� COMMITTEE: PRHSPS MEETING DATE: June 13, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® , Other STAFF REPORT BY: Jason H. Gerwen, De u Parks Director _ DEPT: Parks Department Attachments: 1. Staff Report 2. Assessment Report by Rock Project Management Services, L.L.0 Options Considered: 1. N/A — Informational Update Only MAYOR'S RECOMMENDATION: N/A — Informational Update Only MAYOR APPROVAL: DIRECTOR APPROVA 4 Lom illee unci niSiallf]atc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A — Informational Update Only Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: El APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 145 CITY OF FEDER.A [ . WAY MEMORANDUM DATE: 6/13/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Deputy Director J�� SUBJECT: Informational Update — FWCC Locker Room Assessment Financial Impacts: This is an informational update on the current condition of the locker rooms at the Federal Way Community Center (FWCC). This informational update has no immediate financial impacts, but involves topics that will require discussion on funding options and decisions in the near term. Background Information: This is an informational update on the current condition of the locker rooms at the FWCC, including a report from Rock Project Management, L.L.C. The report provides specific details on the existing conditions and key findings. The report also outlines three options for corrective work. Staff has been dealing with significant issues related to the building structure, particularly the locker rooms and pool areas for several years. Staff has done its best to make repairs as they have developed, but conditions have deteriorated to such an extent that repairs will no longer suffice and major decisions and funding options need to be discussed as soon as possible. 146 Rev. 7/18 1601 E Valley Rd, Suite 110 Renton, WA 98057 T 425.572.6878 www.rockpmservices.com April 24, 2023 Autumn Gressett City of Federal Way 31510 Pete von Reichbauer Way S. Federal Way WA, 98033 Re: Community Center Locker Rooms, Showers, and Cabana Space Improvements Project Dear Autumn, Thank you for the opportunity to review Federal Way Community Center's (FWCC) locker rooms, showers, cabanas and related spaces over the past two weeks. Based on our review, we have prepared the following information for your use: 1. Summary of Key Findings 2. Options for Corrective Work, with Recommendation of a Preferred Option 3. Scope of Work Suggestions for Project Implementation Consideration 4. Existing Conditions Assessment and Photographic Record Under separate cover, we will send you the complete detailed assessment checklist and photographic record. If you have any further questions regarding the information we have provided, I would be pleased to meet with you, other City staff, or City leadership to discuss the project further, our,recommendations, and the importance for corrective work. Please know this was a limited study, and it is our recommendation that a design team be hired to provide additional assessments as design solutions are being considered. It is also our recommendation that the City utilize a project management/construction management team to oversee the design and construction phase of this project, due to the complexities of phasing construction work in an active, operating facility, which will require substantial coodination. Sincerely, ROCK PROJECT MANAGEMENT SERVICES, L.L.C. Bernie O'Donnell President ROCK PROJECT ftff MENT SERVICES, L.L.C. Page t KEY FINDINGS _ Federai Way Community Cer Background. The City of Federal Way Community Center facility located at 876 S. 33rd Street, opened in 2008, 15 years ago. The facility promotes enrichment, fitness, and athletic and educational opportunities that are inviting to all ages, abilities, and cultures. Open Monday — Friday from 5:30 am to 9:30 pm and open until 6 pm on weekends, the facility endures almost continuous use. A centralized area for men's lockers and showers, women's lockers and showers, and family cabanas, a steam room, and a sauna are available for facility users, and sees substantial use during all operating hours. The locker rooms and shower areas are showing complete deterioration of ceramic wall tiles, and gypsum wall board (GWB, aka sheetrock) and painted surfaces are showing signs of failure due to the continuously moist, wet conditions in those spaces. FWCE — Moir, Hoot Pior,• wi.� fentra)ized locker kooms and Showers FWCC — Eniaroed Floor Plan of Men's. Women's Locker Rooms and Showers The City contacted Rock Project Management Services, L.L.C. (RPM) for assistance in assessing the existing conditions, providing recommendations, and defining a project scope of work for corrective work. The following is our assessment of the conditions, key findings, options for corrected work, and our recommendation of the most prudent scope of work to correct the deficiencies. 148 Page 2 Summary of Existing Conditions Assessment and Key Findings. overall, the locker rooms, showers, cabanas, and associated spaces are in poor condition with some areas in very poor condition. The spaces need prompt corrective work to ensure safe, healthy spaces for public use. Specific areas of deficiencies and concerns are as follows: 1. ' The wet environment is causing delamination of ceramic filed walls and flooring from the backup wall GWB, and rusting of metal wall framing, metal fixtures, and grilles, registers, and diffusers. GWB and metal wall framing is damaged from a water -soaked condition, causing the GWB to expand, surface paper to delaminate from the gypsum rock, gypsum rock to become soft, and the metal studs are rusting from the ground bottom track upwards 1-3 feet above the floor. 2. We have observed that the mechanical system does not appear to be designed properlyto adequately exhaust moisture from the spaces. The supply and exhaust systems are hard ducted (no shared return air plenums) but the supply diffusers and exhaust grilles are not adequate to supply fresh air and remove damp air. Several areas have no supply or exhaust, and several common areas have supply diffusers but few exhaust grilles. All exhaust grilles and exhaust ducting appear to be undersized. This may be a cause for inadequate air exchanges in the spaces which creates a constant humid air buildup compounded due to operations of the steam room, sauna, showers, and adjoining swim areas. 3. The ceilings are in good shape. The ceiling file is a wet -environment type acoustic ceiling file compatible for the conditions. Space above the ceilings is clean and dry, and shows little sign of rusting conduits or piping. 4. Between the back plumbing walls of the cabanas, and the back walls of the showers and restrooms are utility "utilidor" chases, accessible through large access panels. These utilidors show clear evidence of water infiltrating through ceramic file and grout lines, into the backup GWB wall assembly, and ponding at the base ofthe walls allowing rust and delamination of materials.to occur. This is most notable from the ground bottom metal framing tracks up to about a 3' level above the floor. 5. Ceiling and wall mounted grilles, registers, diffusers, access panels and other non -stainless steel or aluminum fixtures show signs of rust. Maintenance crews paint the rusting fixtures regularly but does not eliminate the problem of rusting metals in the consistently moist environment. 6. Concrete Masonry Unit (CMU) walls along the corridors between the cabanas and the men's and women's locker rooms are structurally solid and show no signs of decay. However, these CMU walls show efflorescence (white salts) from a damp CMU interior core, and painted CMU conditions show delamination or bubbling of the paint due to moisture escaping from the interior of the CMU walls. A building systems checklist is attached with details of our assessments of existing conditions beginning on Page 8 and includes a photographic record of areas of concern. 149 Page 3 OPTIONS FOR CORRECTIVE WORK Option No. 1— Do Nothing. As a baseline, -this is always an -option -for public owners that may lack capital funds improve existing conditions, or lack general funds to make maintenance repairs to prolong the life of existing building systems and finishes. It is our opinion based on physical examination of existing conditions, a do-nothing option creates an unacceptable safety and health concern to the general public using these spaces. It is also our opinion that these conditions will continue to worsen if not addressed soon, creating further damage to building systems and finishes, with increased costs, and worsening safety and health conditions. Option No. 2 — Interim Solution. If the City lacks funding to completely renovate the locker rooms and cabana areas, and correct the apparent mechanical system design/functions, an interim solution could afford 2-3 years of additional time before major repairs and complete demolition and reconstruction is necessary. The bulk of damage to ceramic tile walls and backup GWB, and metal studs are at the lower 3 feet of all walls. Removal of ceramic tile, back-up GWB and selective removal of rusted metal wall framing and replacing with new building materials would address immediate safety and health concerns with the delaminatiog ceramic tiles, water soared GWB, and rusting metal framing. Grilles, registers, and diffusers could be sanded down to remove rust, and repainted (as maintenance crews have reported has been done in the past), and the existing mechanical exhaust system could be upgraded or controlled for constant, higher volume exhaust. The cost of the work is estimated to be in the $350,000 to $450,000 amount for construction. Replacing in -kind likely would not require a building permit, and operations shutdown would be necessary only for specific areas being corrected. We estimate this option could be completed within a four -month timeframe. This is not a preferred solution because it does not solve the long-term problem of the damp environment and the remaining existing building systems and finishes that will continue to slowly decay. There are likely areas that are decaying due to water saturation but have not shown in the delamination of ceramic tiles or other finishes, yet, but will overtime. Option No. 3 — Recommended Solution. It is our recommendation that all areas be reconstructed with new water-resistant materials, and the mechanical supply and exhaust system be upgraded. All locker room areas, shower stalls, adjoining restroom areas, all cabanas, the sauna, and steam room, and all adjoining common areas and corridors be reconstructed by removing all interior walls, ceilings, and floor finishes to expose existing metal stud walls, ceiling supports, and floor underlayment. Any signs of rusting metal stud wall framing should be replaced with new metal stud framing. Work above the ceilings does not appear necessary due to water damage however the layout of supply registers, and exhaust grilles need to be designed and likely increased, and lighting should be upgraded, necessitating ceiling replacement. Our preliminary assessment is the existing exhaust fans and air handling units are sufficiently sized to accommodate added supply and exhaust ports to allow additional ventilation and exhaust of the spaces, but this will need to be confirmed by a mechanical design engineer. We anticipate the amount of selective demolition will be substantial based on observations of "behind the wall' conditions of rusted stud wall framing and support structures, saturated insulation, and delaminated gypsum wall board assemblies. Salvaging wall -mounted and ceiling -mounted equipment and components for re -use is not suggested, due to the high likelihood of damage during demolition work, storage, and reinstallation, however this can be a bid alternate for contractors to price in lieu of new. 150 Page 4 This preferred solution would require a phased approach to upgrade the women's locker rooms, restrooms, and showers first, then the men's locker rooms, restrooms and showers second, and as a last phase, the cabanas and common corridor spaces would be upgraded. The cabanas would serve as the interim space for use by women in phase one, and by men in phase two. The cabanas would be shut down during phase three. The rough order of magnitude costs for Option 3 is $1,700,000 and likely will take fourteen months to design and construct due to phasing requirements necessary to keep the facility operations active. Below is a preliminary project schedule and summary -level budget estimate. City of=ederal Way- Community Center Lczker Rooms upgrades Pro;ieta Summary Level Schedule AtlrrtaHt►nsn to Proceed with Project Pt.7Care�t'or Deyli %'VIM �gn Pl,aw.9, tWw png OAase Authorization to Adv=_rtise, Bid. ,lard :vJIftWn • Phase One - tkomen`s Areas srructlao • Phase Rvo - 41en's areas stru[fion. Phase Three -Cabanas /5ryWan. Mechanical upgrades Summary Level Budget Project Management Services $ 85,000 Design and .Permitting Services $ 160,040 Construction, Phase 1- Women's $ 400,000 Construction, Phase 2 - Men's $ 400,000 Construction, Phase 3, Cabanas $ 350,000 Construction, Mech. Upgrades $ 120,000 Project Contingency 185,000 Project Estimate: $1,700,OW Ant PW 5 SCOPE OF WORK SUGGESTIONS Suggested Scope of Work based on Option No. 3 — Recommended -Solution: General Project Scope of Work: The Project shall consist of design and reconstruction of interior finishes, fixtures, furnishings, and equipment of the Federal Way Community Center Locker Rooms, Showers, Cabanas, and associated areas. Some revisions to the HVAC system are likely necessary to decrease humidity and increase fresh air and ventilation. The General Project Scope of Work includes, but may not be limited to the following: 1. Selective demolition of all ceramic file flooring, walls, and ceilings, GWB backup walls, and any metal stud walls or ceiling support framing that shows signs of decay or rust. Replace with new, improved materials suitable for a wet indoor environment of the showers, locker rooms, and restrooms. Flooring material shall be slip resistant for a wet environment. 2. Replace all plumbing fixtures with water -efficient fixtures, compliant with AD aandnd Energy Code. 3. Replace all lighting with LED lighting fixtures compatible with damp interior environments. 4. Replace rusting access panels, mechanical grilles, registers, diffusers and other metal finishes with signs of rust or deterioration, and replace with stainless steel or aluminum, water resilient products. 5. Review and replace with improved exhaust and ventilation system after review of existing design function. 6. Replace all lockers and benches, toilet partitions, accessories, and vanity countertops with new. 7. All areas shall be ADA compliant and meet all jurisdictional requirements. The work will be completed in phases, to allow use of lockers and showers for all facility users. Preliminary phasing is anticipated as: Phase 1— Women's restrooms, showers, lockers shut down to reconstruct. Women will use the Cabanas during this phase. Phase 2 — Men's restrooms, showers, and lockers will be shut down to reconstruct. Men will use the Cabanas during this phase. Phase 3 — Once both Phases 1 and 2 are complete, the Cabanas and other associated spaces will be reconstructed. Design Scope of Work — For issuance of an RFQ and Inclusion into a Professional Services Agreement: Provide multidiscipline design services including architectural, mechanical, and electrical services to provide interior space improvements to the Federal Way Community Center (FWCC) locker rooms and shower rooms, (men's and women's) and cabana rooms. Design services shall include, but not necessarily limited to: 1. Provide concept drawings, design development documents, permit set, and bid documents (plans and specifications) for the renovation of the FWCC locker rooms and showers and associated spaces and systems. 2. Coordinate work with the City of Federal Way and all jurisdictional authorities for review and issuance of all required permits. Page 3. Review of existing conditions from continuous use and deterioration of some finishes, fixtures, and equipment from water and moisture damage over time. The interior finishes, fixtures, equipment, and mechanical and electrical systems shall be designed to resist damage due to damp operating environment. 4. Design shall include selective demolition of interior finishes and replacement with new, water- resistant finishes, fixtures, and equipment. 5. The Design Team shall consider salvaging all systems that have useful design life, such as ACT and hard lid ceilings, ceramic file flooring, mechanical, and electrical systems, lockers for re -use, plumbing fixtures for reuse. 6. Design shall consider existing HVAC system design and potential recommendations to improve ventilation and exhaust and reduce buildup of humidity and damp environment. 7. Design shall consider phased construction to allow sequencing of work to keep showers and locker use available for public use. All Prime consultants proposing on this project shall attend a pre -proposal site visit prior to proposing services. Contact the City of Federal Way [contact info needed] to coordinate site visit. Design Teams proposing services shall agree to contract with the City of Federal Way utilizing the City's PSA contract, and terms identified therein. Construction Contract Scope of Work — Considerations for issuance of Bid Documents and public bidding, as a design -bid -build contract: Based on final design requirements, we believe the scope of work will be clear in the bid documents, for bidding purposes, however the scope of work for the Contractor should be clear at bidding time regarding all special requirements, to minimize the potential for change orders during construction due to unique working conditions: 1. Contractor shall anticipate in its bid, the requirement for phased construction sequenced in a manner to minimize disruption to facility users. Construction areas shall be clearly marked and secured from public access. Building egress and life safety systems shall not be impeded during or as a result of construction at any time. 2. Utility shutdowns and tie-ins for construction activity must be planned and scheduled with the City to minimize building operations. Utility shutdowns should occur during non -business hours to minimize disruption. 3. The contract shall require a complete schedule that shows construction activity fully coordinated with FWCC operations, to ensure work is fully coordinated with FWCC functions. 4. The contract shall stipulate areas for storing material in a secure on -site location, or if no on -site location is available, the contract shall state that project materials shall be stored off -site until able to be utilized, on a just -in -time construction basis. 5. A pre -bid walk-through of the actual conditions and a pre -bid conference should be conducted to ensure all bidders are fully aware of the project constraints, for fair, competitive bidding. FQa 7 EXISTING CONDITIONS CHECKLIST ASSESSMENT AND PHOTOGRAPHIC RECORD The FWCC locker rooms, showers, cabanas, -and associated areas and building systems have been assessed for current conditions based on the following scale: 1. Very Good Like new, no defects, performing as intended 2. Good Minor defects, good condition, performing as intended 3. Fair Some major defects, moderate condition, still functioning as intended with increased service requirements 4. Poor Major or minor defects, critical condition, not functioning as intended, requires significant servicing, at or near its intended lifespan 5. Very Poor Major and minor defects, critical condition, not functioning as intended, risky to safety and health, exceeds its intended lifespan The intent of the condition assessments is to establish an overall general state of the facility areas assessed and to establish the level of repair or replacement. We qualify the assessments as not exhaustive. but to provide a general assessment based on a review of each major building systern. component, equipment, and finishes. Conclusions are a consensus of judgment based on the best information available, site observations, discussions with maintenance staff, and any other additional information available to the reviewers. Because the review was conducted by a multi -disciplinary review team, we have a high level of confidence that actual current conditions reported are reasonable to inform the necessary repairs and improvements needed. The RPM review team included: Bernie O'Donnell. Overall Building Systems and Finishes Conditions Assessments (Structure and Foundations, building settling, structural cracks, roofing systems, water intrusion, MEP systems) Josephine Bayan, PMP. Overall Building Systems and Finishes Condition Assessments (Code Compliance, Egress, Ratings Assemblies, ADA, Water Intrusion) Lisa Couret, CMIT. MEP Systems and Utilities Condition Assessments (Mechanical, Electrical, Lighting, Life Safety Systems, Utilities, Drainage) The following checklist identifies existing conditions of the building areas assessed, followed by a photographic record of specific areas of concern. 154 Page 8 Va W 1 H a 'Q V O H V1 Q }. Q Q U Z W_ Q m' U r U W H 3 UJ Q 3HO Ln u.a�O O Z m } O a: �- U LU U v' U �u r 0 U Q W Z U z � r LU O U r Q 3 J Q LU lY LL. W oY � rn S-O 20 ° 00 -a20 +C O a) O N ° O a 12D .0 0 3 m o r o E5!1 t'caSD H°o wamU °0 Oa > O t O U al �d, a o N a c °-�•� o-0 V `O U al a > au 00 } a c y Ull C C Oo O. 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Y _ Y L 3 3 a u O c m E w w 0 o u O w L w Y w w E u m w L ° yl T C C A yy T N o E v ; y° 3 c ` v 3 v v ' E m Anw a ~ •O C v a O m c E w u O w o " o 0 m v w— m mo� m jra m L l[ a c b a0+ ° Y `1 N c w w dim M, L Loa ` 0 ° 0 ° �a c t O W c m m W N w w E° E G a0i 3 v N w T v � w E o c w m o u u E N .S 3 E m 3 3 ', _ Z w ° di c E w o A J m E o 0 o Y w o o ° m u u m a 3 c •E E E S y y m m 9° +w• ? T t c m c' m 2 0 w�°. 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Af Fede rof tAlay L-t- mrr, uii iry Center — Floor Tiles EE'derg/ Way Community Center —,A,;oisL'L)rc-soaked WN' Pdg5913 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Rusted metal Stud 'v'vali ASSem Oly Federal Way Community Center— Unsealed, Broken, LOOSE Ceramic i iie's 1. Federa) ✓Voy Community center — Moisrure-soaked Wall 1- li 11 it Lv Federal Way Community Center— Rusty Metal Access Panel to Uti!idor Behind Paie 44 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Unsealed, Loose Tiles { r. Federal LUay Community Center — Maisiure-soaked Walls Federal tylay Community Center— Shower - Cabana 2 Federal Way Community Center— Cabana 2 161 Page 15 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS 1:1 Federal Way Community Center — Base Deterioration at Cobar>a5 Federal Way Community Center— Entry to Cabana 5 y{*A Yloll ti .� l �� 0 Federal Way Community Center —Shower in Cabana 5 162 Page 16 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS i r-��;a:,ar iR'flb`,_u,;i';:rri. �ir,�i__,�t�f--r;��i,`.^•,ii: .. r. C;'4`y��^��'� I 1- 1 reaer:al Way Community Center —Entry to Cabona . „ram _ •�C,�{=-1,. Federal Way Community Center — Entry to Cabana 4 163 Page 17 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federcil"Wdy Community Center — Metal Stud, C "1:`I?iC !:re �.+Iiij A jcr'?E171 Failure atCa'Qai; (7 4 Federal Way Community Center— Oeterioratior, Safety, Hazard in Cobona Federal Way Community Center Pool —Tiles Failing at Cabana 164 Page 18 FEDERAL WAY COMMUNITY CENTER - CABANA FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS .�,e I ry C If t' f - ze! irt . - C-cbano loyout �6519 ,ge I Isom= FEDERAL WAY COMMUNITY CENTER - WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federcl WoyCommunityCenter —Cor:dii7on unoeln•ecti, -low- nr!ru;4 C .., — De.teriorc4.7.ng Vv'! pml nm - T -• -ederar ✓vay Communiry Cenrer Lullu=£,ur, Fedora! Way Community Center — Shower Area 167 Page 21 FEDERAL WAY COMMUNITY CENTER — WOMEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center — Base of Jdah Deteriorating Federal Way Community Center'— Central Area of Women''s Locker Room Federal Way Community Center— Tiles Failing am .'� AV A w M. Federal Way Community Center —Typical Layout of a Locker Area 168 Page 22 FEDERAL WAY COMMUNITY CENTER - MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS_ OF EXISTING CONDITIONS J"zr_'rrul Nay ti'u::::r)u,ir!v Lei; :r: Ceram?c Tile Base and vWB Deteriorating Federal Way Community Center— Circulation Space Base Wall Damage Federal Way Community Center -- Ceramic Tile Domaoe Federal Way Community Center— Concrete Masonry Block Wall Paint Bubblina 170 Page 24 FEDERAL WAY COMMUNITY CENTER - MEN'S LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS ?locked Federal Way Community Center — Men's Locker Room Sinks and Countertaps Cedirllgs Good Shope Federal Way Community Center— Men's Locker Roam Area Rcist and Deterioration 172 Page 26 FEDERAL WAY COMMUNITY CENTER — MEN'S' LOCKER ROOM FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center - Men 5 Locker Room 4rea Noi! base Condition Federal Way Community Center- Men's Shower Stalls Sor Walls o"ehind in Locations Urinc-is - Tile Should Be F!ll Heiam Federal Way Community Center- Men's Shower Stalls Tile f?eterior atmg 173 Page 27 ROO � •�- - r -- 'r; '7 Ll - r&�yo"'CoSar S a3p L FEDERAL WAY COMMUNITY CENTER — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Comm Ducting Good But Undersized Federal Way Community Center — Above Men's Locker RGuin —Space is Dry —_ •Y a - '�^17y . rnmun er+trr ave iyer s Lo_rker Rocco C!,VF Water Resistsnt 80�rrd T Federal 0/ay Community Center —Access Panel to Utilidor in Cabana — Sign *cant ,Rust PIR29 FEDERAL WAY COMMUNITY CENTER — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS . Retaining Moisture Federal Way Community Center — Men's Above Ceiling Terminal Exhaust Fan Ductwork Federal Way Community Center — Interior of Utilidor ' loils-Back Side of Cabana Walls - AW Federal Way Community Center — Men's Areo-Air Supply Diffuser Sign of Rust 176 Page 30 FEDERAL WAY COMMUNITY CENTER — — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Fder01 flay #ExhaatAppeon W55060. At& Federa; ',4/GV Community Centel — Rcqfftop Exhaust Fan Federal Wo} Ccrrj!-rLj!wty Center - Rooftop AHU Federc !! AVOY community center - soturgted w1oll insulation Wickina Water -- QW 31 FEDERAL WAY COMMUNITY CENTER — — OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS CondWon C-'tmte- Lxf-loil,_t Sizinu pool- fV,-, tu_ " coo tj uz te v ;7 - r �11- - , io Condensate -e tp 178 Page 32- FEDERAL WAY COMMUNITY CENTER -- OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Federal Way Community Center— Jtilidor Water Damage Condition's federal Wav Community Center— VA Box Above Mer's s rea—Zone Conditioning PIWe933 FEDERAL WAY COMMUNITY CENTER --OTHER AREAS FACILITY PHOTOGRAPHS OF EXISTING CONDITIONS Deterioration LIMidor Behind Men'sShowers Federal Way Community Center— ✓Nall System Decay Utilidor Federal Way Community Center— UninSGlated Copper Condensate Potential 180 Page 34