09-13-2022 PRHSPSC PKT - RegularCity of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
September 13, 2022
5:00 p.m. Federal Way City Hall — Council Chambers
MEETING AGENDA
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start of the meeting
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 July 12, 2022 Minutes
3 Action
N/A
B. Amendment to Ordinance - Shopping Carts
Davis
N/A Information
N/A
Only
C. Report on PAEC Operations
Gressett
5 Information
N/A
Only
D. King County Registered Sex Offender Cost
Neal
9 Action
Consent
Reimbursement Agreement
9/20/22
E. Puget Sound Auto Theft Task Force (PSATT) — 2022
Neal
23 Action
Consent
Mini Grant Award
9/20/22
Committee Members
City staff
Jack walsh, Chair
John Hutton, Parks Director
Lydia Assefa-Dawson
Mary
Jaenicke, Administrative Assistant II
Erica Norton
K:\PRHSPS Committee\2022\09-13-2022 Agenda.doc
Topic
Title/Description
Presenter
Page
Action
Council
or Info
Date
F.
Agreement between the Washington Traffic Safety
Neal
29
Action
Consent
Commission (WTSC) and the Federal Way Police
9/20/22
Department to Provide Grant Funding for Traffic
Enforcement
G.
CJTC BLEA TAC-Officer Agreement
Schwan
47
Action
Consent
9/20/22
H.
Contracted Electrical Services Request for Quotes
Gerwen
55
Action
Consent
9/20/22
4. OTHER
5. FUTURE MEETING: The next PRHSPS meeting will be October 11, 2022 at 5:00 p.m.
6. ADJOURNMENT
The Council Committee may add items and take action on items not listed on the agenda at any regularly
scheduled meeting.
Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee
Meetings online please visit FWTV at www.citvoffederalway.com.
Committee Members
Jack Walsh, Chair
Lydia Assefa-Dawson
Erica Norton
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
K:\PRHSPS Committee\2022\09-13-2022 Agenda.doc
City of Federal Way
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, July 12, 2022
5:00 p.m.
SUMMARY
Committee Members Present: Chair Walsh, and Committee member Assefa-Dawson
Committee Member Excused: Committee member Norton
Council Members Present: Council President Kochmar, Deputy Mayor Honda and Council member
Dovey
Staff Members Present: Joanna Eide, Assistant City Attorney, Deputy Chief of Police Kyle Sumpter,
Brian Davis, Interim City Administrator, Autumn Gressett, Contract Administrator, John Hutton, Parks
Director and Mary Jaenicke, Administrative Assistant II.
Guests: Brian Hoffman, General Manager of Spectra,
Chair Walsh called the meeting to order at 5:00pm
BUSINESS ITEMS
Public Comment: Deanna Riddle, Steel Lake Resident spoke against the proposal to build a
maintenance facility at the Steel Lake Annex side of Steel Lake Park. Ms. Riddle stated that she
understood that there is a reason to consider it because of savings of cost to build it there, but she
believes it would cost a whole lot more for the public. People need a place recreate and play.
Approval of Minutes
Committee member Assefa-Dawson motioned to approve the June 14, 2022 minutes as written.
Chair Walsh seconded. Motion passed.
Report on PAEC Operations
Spectra General Manager Brian Hoffman provided an update on events that were held at the Performing
Arts and Event Center (PAEC) for the month of June. There was a total of 12 usage days. Theater rentals
included the Washington Wrestling Hall of Fame Induction ceremony and the Native Comedy Jam. The
Event Space rentals included Goodman Real Estate, a private engagement party and the Greater Federal
Way Chamber Luncheon. 2800 plants were installed in the art exhibit and the landscaping is 95%
complete. There was some vandalism to the bistro tables; they are continuing to work with their private
security company. They continue to have problems with graffiti and shopping carts throughout the
property. Mr. Hoffman also reviewed the financials between May 2019 and May 2022. Council President
Kochmar asked if there has been any marketing for weddings. Mr. Hoffman answered that they have
done some marketing, but that this year they haven't done as much as they should have. There are some
weddings scheduled and they will be focusing on booking more weddings in 2023 and 2024. The biggest
challenge is that people want to bring in their own catering. The PAEC has exclusive catering. The
reason for that is that they can control the product that they're putting out and it generates more revenue
to the City. By allowing outside caterers you lose control and you lose revenue. Committee member
Assefa-Dawson asked what they would do if there was a client that had a request for a certain type of
food and the Chef did not know how to cook that specific type of food. Mr. Hoffman answered that
Spectra has many Chef s that they can pull from different locations. Chair Walsh suggested looking into
allowing select caterers to cater events at the PAEC. Discussion was held regarding allowing outside
catering vs. keeping it all in-house or allowing select caterers. Staff Gressett added that she has been on
both sides of being in a venue that runs catering exclusively, being in a venue that runs outside caterers,
and being on the catering side. What she discovered with the PAEC is that being able to provide quality
K:\PRHSPS Committee\2022\07-12-2022 Minutes.doc
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, July 12, 2022 Summary
Paget
consistency with an all-inclusive venue management company has provided an excellent experience for
all of their patrons. Spectra has resources throughout the nation and the region. Without having
exclusivity for food and beverage your ability to staff your venue is very minimal. There are five full-
time employees that do everything from set-up, serving food and beverage and takedown. Taking away
the exclusivity takes away the ability and the financials to be able to have those five full-time staff. The
committee would like to have staff attend Wedding and Event Shows. They would like Spectra to
consider allowing outside caterers.
Shoppinjz Carts
Staff Eide spoke about the legal aspects of shopping carts in Federal Way and the law as it exists today.
Currently the City of Federal Way through ordinance incorporates state law that prohibits theft of
shopping carts. RCW 9A 270 states that it is unlawful to do any of the following acts if a shopping cart
has a permanently affixed sign. Each of the shopping carts has to have a sign on it that cites to the statute
that says it's unlawful to take the cart off the premises and have information identifying who the owner
of the shopping cart is. There are requirements that the person has to have the intent to deprive the
owner of the use. This can be fairly easy to prove as far as an element is concerned. The Federal Way
City ordinance incorporates that crime as a misdemeanor with a maximum penalty of up to 90 days in jail
and up to $1,000 in fines or a combination of up to both. It is up to the court to decide what the up to
amount is. The City of Federal Way also has a requirement in their ordinance that all of the businesses in
the City of Federal Way carry those identification signs as required in state law. There are legal issues if
a shopping cart is currently being possessed by a person and contains their personal items. If the City
cites someone with a shopping cart we would have to be responsible for inventorying items in the cart.
Deputy Chief Sumpter added that if the cart does not have the sign on it per the RCW, enforcement is a
non -starter. The start of the enforcement is to have business owners put the signs on their carts. Deputy
Chief Sumpter also stated that the City ordinance is focused on businesses and their obligations and there
is nothing in the City ordinance directed at individuals for stealing or possessing a shopping cart. The
RCW is focused on the individual who would unlawfully steal or possess the cart. Businesses are already
legally obligated to put the RCW sign on all their carts. The question is how to gently get the businesses
to comply with the ordinance. Discussion continued regarding how to get businesses to place the signs on
their carts. Chair Walsh suggested waiving the $25 fee to retrieve the cart if the cart is properly marked.
Staff Eide stated that it is currently in the ordinance if they are properly marked and security measures in
place they can get a deferral on fees for those abandoned shopping carts; they get three per month. Staff
Davis added that the store managers helped the city develop the policy, it was their suggestion that the
city place that incentive in the ordinance. Staff Davis recommended reaching out to the stores and give
them a time period to rotate their inventory of carts out. Chair Walsh added that they should be informed
that this law will be enforced if they are properly marked. Staff Davis added that if the decision is to
waive the fees for the signs then that's a cost that would need.to be made up elsewhere. The program
currently pays for itself, the cost of the program is $80,000.
Other Business
None
NEXT REGULAR MEETING
September 13, 2022
ADJOURNMENT
Meeting adjourned at 6:32 p.m.
POLICY QUESTION: N/A
COMMITTEE: PRHSPS MEETING DATE: 9/13/2022
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business El Resolution
—Information Resolution ® Only
STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks/PAEC
.........................................................._....................................I..............................
Attachments: REPORT ON PAEC OPERATIONS
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL:
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
Council
Initial/Date
DIRECTOR APPROVAL:
Initial/Date
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 —July 2022
Presented at Parks, Recreation, Human Services & Public Safety Committee
July 12, 2022 5:00pm
• Total Usage Days —July 5 (vs. 1 in 2019)
• Theater Rentals/PAEC Presents Held in July
■ Concert scheduled for July 2, postponed to Sept. 24
■ Repainted interior of theater, stage, seating floor, walls
• Event Space Rentals Held in July
■ 7/6—Greater Federal Way Chamber Luncheon
■ 7/16 Clean up our City in parking lot
■ 7/29-8/2 — King County Elections
• GM — participated in Bi-Weekly regional GM conference calls
• GM — participated in monthly Gala and Foundation Board meetings
• OVG Bi-Weekly regional booking calls, Bi-Weekly national booking calls
• Monthly corporate finance call
• GM — participated in LTAC monthly meeting and special meeting
• Attended Good Eggs Breakfast meeting hosted by King County Council member Pete von Reichbauer
• Walkthrough with LMN Architects
• Landscaping complete throughout property
• Multiple fire calls with beauty bark catching fire/smoldering
• Installed additional sound board and speakers in the theater
• Replaced broken lobby window.
July Marketing Recap
Website Metrics Radio
Unique Pageviews 2874
Total Pageviews 2415
Email Statistics Print
Messages Sent 16,964
Open Rate 40%
Click Rate 4% TV
Social Media (Facebook) last 28days
Page Followers 3,741
Post Reach 38115k
Engagements 8523k
Digital
Miscellaneous
91
1
Performing Arts and Event Center
Monthly Report —July 2022
1
0
-1
Total Rehearsal Days
Performing Arts Rentals
3
7
+4
PAEC Presents Series
1
0
-1
Arts 4 Youth Matinees
0
0
No change
Minor Concerts
0
0
No Change
Meetings
4
4
No Change
Total Number of Events
10
11
Total Number of Tickets Sold
679
660
-19
Total Gross Ticket Revenue
$7,816.00
$26,503.00
+ $18,687.00
Total Gross Rental Revenue
$24,656.00
$21,198.00
-$3,458.00
Total Gross Food & Beverage Revenue
$28,924.00
$28,673.00
-$251.00
"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.
July
2019
0
0
0
Total Rehearsal Days
Performing Arts Rentals
0
0
No change
PAEC Presents Series
1
0
-1
Arts 4 Youth Matinees
0
0
No change
Minor Concerts
0
0
No Change
Meetings
0
2
+2
Total Number of Events
1
2
1
Total Number of Tickets Sold
249
0
-249
Total Gross Ticket Revenue
$15,018.00
$0
-$15,018.00
Total Gross Rental Revenue
$3,894.00
$4,820.00
+$926.00
Total Gross Food & Beverage Revenue
$2,816.00
$1,589.00
-$1,227.00
UPCOMING EVENTS
Performing Arts and Event Center
Monthly Report —July 2022
Aug 1-2 — King County Elections
Aug. 3 — Greater FW Chamber Luncheon
August 9-10, Federal Way Public Schools Admin Retreat
August 16—The Wilder Blue Concert
August 19-20, Syr Anniversary Celebration
August 22 — Federal Way Public Schools New Teacher Breakfast
August 26 — Federal Way Schools Board Retreat
August 27 — Private Event
COUNCIL MEETING DATE: September 20, 2022 ITEM H:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: KING COUNTY REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT
POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department accept the Registered
Sex Offender (RSO Overtime Cost Reimbursement Agreement from the King County Sheriff's Office (KCSO)
for the 2022-2023 grant period?
COMMITTEE: PRHS&PSC MEETING DATE: Sept. 13,2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ - Other
STAFF REPORT BY[ And J_Hwang,,Chlef of Police DEPT: Police
Attachments:
1. Staff Report
2. KCSO Cost Reimbursement Agreement
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
---......—.--.........._ ....-..—..-._—.-.....--
MAYOR'S RECOMMENDATION: Option I.
MAYOR APPROVAL: (7� / TOR APPROVAL:
7.C"lfi �17 �m�eef
COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 20, 2022,
consent agendafor approval."
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement and authorize Chief of Police
Andy J Hwang to execute said agreement.
(BELOW TO BE COMPLETED BYCITYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILLM
❑ DENIED First reading
❑ TABLED/DEFERRED/N'OACf10N Easennentreadiag
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE
REVISED—11/2019 RESOLUTION M
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2022
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: King County Sheriff's Office (KCSO), Registered Sex Offender (RSO) Cost
Reimbursement Agreement for 2022-2023
Financial Impacts:
There will be no negative impact to City funds or to the police department's operating budget. The
revenue to the City for the Tong County Sheriff s (Office (KCSO) Registered Sex Offender (RSO)
Cost Reimbursement Agreement will be up to a maximum amount of $16,982.87 for officer
overtime reimbursement for activities related to performance of the grant services. The overtime our
officer(s) work will be billed to KCSO account number 001-0000-090-337-07-004.
Background Information:
The Federal Way Police Department (FWPD) will receive grant funding from the King County
Sheriffs Department to support the Registered Sex Offender (RSO) and Kidnapping Offender
Address and Residency Verification Program. The grant will reimburse FWPD for overtime
expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders,
up to a maximum amount of $1.6,982.87. FWPD has participated in the King County RSO grant
funding since at least 2009.
Under the activities involved with this grant, FWPD will partner with the King County Government
to implement multiple program elements to ensure sex offenders comply with current legal
requirements.
1
10
Cost Reimbursement Agreement
, Executed By
King County Sheriffs Office, a department of
King County, hereinafter referred to as "KCSO,"
Department Authorized Representative:
Patti Cole -Tindall, Sheriff
King County Sheriffs Office
W-150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Federal Way Police Department, a department of the City of Federal Way, hereinafter
referred to as ""Contractor,"
Department Authorized Representative:
Andy J. Hwang, Chief of Police
33325 8 Avenue South
Federal Way, Washington 98003
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to reimburse for expenditures associated
11
Cost Reimbursement Agreement
with the Contractor for the verification of registered sex and kidnapping offender address
and residency as set forth below. This Interagency Agreement contains eleven (11)
Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2022
and shall end on June 30, 2023 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II. DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Verification
Program. The program's.purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of a registered sex
and kidnapping offender's address at the place of residency. In the case of
level I offenders, once every twelve months.
of level lI offenders, once every six months.
of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant -related
expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is
the Offender Watch generated "Registered Sex Offender Verification Request (WA)"
that the sex or kidnapping offender completes and signs during a face-to-face contact.
"Exhibit B" is an "Officer Contact Worksheet" completed in full by an
officer/detective during each verification contact. Both exhibits representing each
contact are due quarterly and must be complete and received before reimbursement
can be made following the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2022.
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Manager
King County Sheriff's Office
500 Fourth Avenue, Suite 200
M/S ADM-SO-0200
Seattle, WA 98104
Pagi 2 of 6 July S, 2022
Cost Reimbursement Agreement
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the 101h of the month following the billing period.
Please note the following terms will be adhered to for the 2022-2023 Registered Sex
Offender Address Verification Program:
Any agency not meeting at least 90% of required verifications will not receive
that quarter's grant payment.
Any agency not using Offender Watch to track verifications will not receive
that quarter's grant payment.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Verification Program will be calculated
at the usual rate for which the individual's' time would be compensated in the
absence of this agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1. For the purpose of verifying the address and residency of registered sex
and kidnapping offenders; and
2. For the goal of improving public safety by establishing a greater presence
and emphasis in King County neighborhoods; and
3. For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
Any non -overtime related expenditures must be pre -approved by KCSO. Your
request for pre -approval must include: 1) The item you would like to purchase,
Page 3 of 6 July 5, 2022
g13
Cost Reimbursement Agreement
2) The purpose of the item, 3) The cost of the item you would like to purchase. You
may send this request for pre -approval in email format. Requests for reimbursement
from KCSO for the above non -overtime expenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor's invoice and a packing
slip. The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount. Over expenditures for any reason, including additional cost of sales
tax, shipping, or installation, will be the responsibility of the Contractor.
Requests for reimbursement must be sent to
Attn: Tina Keller, Project Manager
King County Sheriff's Office
500 Fourth Avenue, Suite 200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Sixteen Thousand Nine Hundred Eighty Two Dollars and Eighty Seven Cents
($16,982.87). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2023 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form. This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony "Failure to Register as a Sex
Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out their own statement, the
contacting officer/detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
ARTICLE VI. FILING NON -DISCOVERABLE FACE SHEET
"Exhibit D" is the "Filing Non -Discoverable Face Sheet." This form shall be
attached to each "Felony Failure to Register as a Sex Offender" case that is referred
to the King County Prosecuting Attorney's Office.
ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
Page 4 of 6 July 5, 2022
Cost Reimbursement Agreement
Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Overtime - To meet this grant condition, you must ensure that:
Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant.
ARTICLE VIII. HOLD HARMLESS/INDEMNIFICATION
Contractor shall protect, defend, indemnify, and save harmless King County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of Contractor, its officers, employees, contractors, and/or agents related to
Contractor's activities under this Agreement. Contractor agrees that its obligations
under this paragraph extend to any claim, demand, and/or cause of action brought by,
or on behalf of any of its employees or agents. For this purpose, Contractor, by
mutual negotiation, hereby waives, as respects King County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event King County incurs any judgment, award,
and/or cost arising therefrom including attorney's fees to enforce the provisions of
this article, all such fees, expenses, and costs shall be recoverable from Contractor.
The provisions of this section shall survive the expiration or termination of this
Agreement.
ARTICLE IX, INSURANCE
Contractor shall maintain insurance policies, or programs of self-insurance, sufficient
to respond to all of its liability exposures under this Agreement. The insurance or
self-insurance programs maintained by the Contractor engaged in work contemplated
in this Agreement shall respond to claims within the following coverage types and
amounts:
General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 covering COMMERCIAL GENERAL
LIABILITY. $5,000,000 combined single limit per occurrence, and for those
policies with aggregate limits, a $5,000,000 aggregate limit. King County, its
officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities performed by or on behalf of the City.
Additional Insured status shall include Products -Completed Operations-CG 20 10
11/85 or its equivalent.
Page 5 of 6 July 5, 2022
g15
Cost Reimbursement Agreement
By requiring such liability coverage as specified in this Article IX, King County has
not, and shall not be deemed to have, assessed the risks that may be applicable to
Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or
prudent, maintain greater limits or broader coverage than is herein specified.
Contractor agrees to maintain, through its insurance policies, self -funded program or
an alternative risk of loss financing program, coverage for all of its liability exposures
for the duration of this Agreement. Contractor agrees to provide KCSO with at least
thirty (30) days prior written notice of any material change or alternative risk of loss
financing program.
ARTICLE X. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this agreement. This agreement shall not
impart any right enforceable by any person or entity that is not a party hereto.
ARTICLE XI. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Federal Way Police Department KING COUNTY SHERIFF'S
OFFICE
Andy J.-Hwang, Chief of Police Patti Cole -Tindall, Sheriff
S a -
Date '
Date
Peg r 6 f 6 July 5, 2022
Page: 1
Verification Request
Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016
Offender Information Offender Photo
Name test, test I Registration # 2353765
POB
DOB 01/01/1990
Sex
Race
Height
Weight
Risk
Comm,
Age 26
Orient
Nat, No Selection
Hair
Eyes
Active Officer Alert
LOOK HERE FOR OFFICER SAFETY INFORMATION
Alias
;«its
Phone (Bold - Primary Contact Numbers) Scar,[Tattoos
Number Type Description Location Type Description
Vehicle
Make Model Color, Year License State VIN Comments
--------------------
Offense
Date RS Code/Description Convicted Released Case # Crime Details
hereby attest, under penalties of perjury, that any and all information contained here is
current and accurate on this day
Offender Signature:
Officer Signature: Date:
Produced by Offendeffatch-www.watchsystems.com
17
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EXHIBIT C
Suspect's Name:
Witness Statement — Failure to Register
Suspect's Last Registered Address:
Witness' Name:
Witness's Home Address:
Witness' Home Phone Number Cell:
How do they know the suspect (please be as detailed as possible)?
Other:
*If suspect rented an apartment or a room from the witness, please have them provide a copy of
any documentations to this effect and any documentations the suspect moved out.
Did the witness ever see the suspect at his/her last registered address?
How often would they see him/her there?
When did the witness start seeing him/her there?
When did they stop?
Why did the suspect stop staying at the address?__
Did the suspect keep any personal belongings there?
In general, when is the last time they saw the suspect ?
Do they know where the suspect moved to or their current whereabouts?
Can they provide the names and contact information of any other witnesses who would have seen
the suspect staying at his/her last registered address?
Is the witness willing to assist in prosecution?
Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is
true and correct.
Witness' Signature date
19
EXHIBIT D
WASPC GRANT FILING
NON -DISCOVERABLE
TO: KCPAO —Special Assault Unit—
Seattle
DATE:
FROM:
INCIDENT #:
AGENCY:
SUSPECT #1:
DOB:
RACE:
SEX: M ❑ F❑
HGT:
WGT:
SUSP #1 ADDRESS. -
CHARGE: Failure to Register as a Sex Offender
DATE OF CRIME:
VICTIM #1: State of Washington
DOB:
VICTIM #2:
DOB:
INTERVIEWED BY: NO ONE
DPA NAME:
FTYPE OF CASE: FTR -Failure To Register
OTHER TYPE:
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
❑ FILING OF CHARGES: - Comments:
❑ DECLINE: —Comments:
911
Case Referral Rece
WASPC STATISTICAL REPORTING TO KCS®
ved by KCPAO on this dater
Case filed by KCPAO: YES ❑ NO ❑
Cause Number Assigned:
If no, please indicate why:
Other Explanation:
21
CITY OF
.L Federal Way
Centered on Opportunity
This page was intentionally left blank.
22
SUBJECT: PUGET SOUND AUTO THEFT TASK FORCE (PSATT) — 2022 MINI GRANT AWARD
POLICY QUESTION: Should the City agree to accept the 2022 Mini Grant Award from WATPA for PSATT?
COMMITTEE: PRHS&PSC MEETING DATE: Sept. 13, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Commander Tracy Grossnickle DEPT: PD
..............................................................._...........................................................__........................................................................_................................._..........................................................................................................................................................................................
................................................................................ .
Attachments: Staff Report
WATPA 2022 Mini Grant award letter to PSATT
WATPA Non -supplanting Declaration
Options Considered: 1. Approve the Mini Grant award for PSATT.
2. Do not approve the mini grant award and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 91
MAYORAPPROVAL: '� DIRECTOR APPROVAL:
corm ittee "huti�
®_ Initial/Kate
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed mini grant award for PSATT to the
September 6, 2022 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed mini grant award for PSATT.
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 #
23
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2022
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: WATPA 2022 Mini Grant Award for PSATT
Financial Impacts:
The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft
Prevention Authority (WATPA) grant awards and expenses for PSATT related activities are
reimbursed monthly. This will have no financial impact on the City of Federal Way. Federal
Way is the lead agency and handles the financial processing.
Backl4round Information:
PSATT, formed in 2017, is a multi -jurisdictional team focused on investigating and enforcing
laws relating to auto theft. Federal Way was been a member of the Task Force since 2017.
The Task Force provides a more efficient use of personnel, equipment, budgeted funds, and
training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The
City of Federal Way, through the Police Department, continues to serve as the Lead
Administrative Agency, which is responsible for proper accounting procedures, reports and
statistics. The Federal Way Police Department will also continue to assign at least one
commissioned employee to the PSATT Task Force, which is currently the Task Force
Commander.
This 2022 Mini Grant Award for PSATT is for additional funding of public relations material,
training, and technology/equipment.
24
WASHINGTON AUTO TIIEPr PREVENTION AUTHORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE, Suite 101 _. Lacey, WA 98516 — Phone: (360) 292-7900 -• Fax: (360) 292-7269
Website: www.WaAutoTheftPreventionAuthority.org
`preventing and reducing motor vehicle thefts in the State of Washington. "
June 23, 2022
Puget Sound Auto Theft Task Force
C/O Federal Way Police Chief Andy Hwang
33325 8th Ave S
Federal Way WA 98003
Dear Chief Hwang:
I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board
of Directors has approved the Puget Sound Auto Theft Task Force grant application for
funding of Public Outreach, Training, Technology & Equipment. The award is in the amount of
$142,100.00 (please see the attached breakdown of funded items). It is the responsibility of
the grant recipient to explore and confirm all potential legal ramifications when employing
WATPA funded equipment with your local legal advisor. The grant award is effective July 1,
2022 and expires on June 30, 2023. This award is a one-time event and does not imply or
promise availability of funds for replacement or continuation of funding after June 30, 2023.
Enclosed is an award agreement. This agreement is to be signed and returned to WATPA. No
funds will be reimbursed until the signed agreement is received. Expenditures prior to the award
effective date or after the grant expiration date are not authorized and will not be reimbursed. All
grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft
Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be
reimbursed for actual expenses only up to the limit of the award categories. All grantees must
sign the attached non -supplanting agreement before reimbursement can begin. Also, please note
that reimbursement requests by grant recipients will only be processed upon receipt of current
semi-annual reports by the WATPA office. The semi-annual report form is available on the
WATPA website, www.WaAiitoTheftl"reventionAuthoi-ity.org
If you have any questions, please contact ire at 360-292-7959 or via e-mail at
inyalnter(d),waspC.(7i ;1.
Sincerely,
4 � t
Michael Painter, Executive Director
Washington Auto Theft Prevention Authority
Washington Aelo Thefl PreveulloAAuffiadly
JOHN RATIS• I' JAMF.S SKOGMAN JOHN GESE CHRIS GUERRERO RICK SCOTT
Cl'ief — WA Stale Pnlrol L.surance lnd-f,y S1e 1Jf•KhsnP C—ay Cldef—Kennewick PD Sher Grnv, Narbar C—ify.
JOHN MARTIN STEVE STRACHAN MIKE PAINTER PETE FISHER VACANT _
GenWPublic E.recahv Di-1--WASPC E.eeculinc Direcmr- IYATPA Clief—Fife PD Aumnmhile Md"'I'y
25
AGREEMENT BETWEEN PUGET SOUND AUTO THEFT TASK. FORCE AND THE
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
A UTO THEFT PREVENTION GRANT PROGRAM AWARD AGREEMENT
Award Recipient Name and Address: Contact: Andy Hwang
Puget Sound Auto Theft Task Force Title: Chief, Federal Way PD
33325 8th Ave S
Federal Way WA 98003
Award Period: Amount Approved
07/01/22 - 06/30/23 $142,100
Funding Authority:
WASIIINGTON AUTO T14EFT
PREVENTION AUTHORITY
Requests for reimbursement under this agreement are subject to the following Budget:
Public Outreach:
Community Events ($40,000)
Brochures $10,000 (unit=$3.50 per 25 count)
Giveaways $20,000 ("clubs" unit=$46 per)
Giveaways $10,000 (unit=$90 per 50 count)
National Auto Theft Prevention Month ($7,000)
$5,000 for printing posters and flyers (unit TBD)
$2,000 for Facebook Ads (unit TBD)
Banners & Signs for Deployment $2,500
Technology:
I Laptop & 2 I -Pads estimated at $3,000
Vortex 12ic50 Bi-Nocs 5 count $1,800
Hyperfire 2 Trail Cams 2 count $1,500
Canon H45 Pole Cam with build components 2 count $7,500
Contracted Professional Services:
SIM Card/Data Services with Verizon $50/month x4 $3,600
ReKor Blue App Services (10 Count) $2,500
Boom Truck Rental $750 per rental x 10 $7,500
ATAK $60 per month $1,200
Program "We Got Your Tow" $15,000
Social Media Specialist Part Time thru June 2023 $5,000
Training:
IAATI Conference 4 count for registration, air, lodging, per diem $11,200
WSATI SoCal 4 count for registration, air, lodging, per diem $7,000
NATIA 2 count registration and equipment $5,000
26
Rolling Surveillance 4 count registration, air, lodging, per diem $10,000
WSNIA 6 count registration, lodging, per diem $10,800
$142,100
IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this
AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of
the date and year last written below. The rights and obligations of both parties to this AGREEMENT are
governed by the information on this Award Sheet and other documents incorporated herein by reference;
Agreement Specific Terms and Conditions, and
Agreement General Terms and Conditions.
WATPA.
1 Name/ Michael Painter,
Title: WATPA, Executive Director
Date: 6/22/2022
RECIPIRN`I' —7
Na)ne/ '/
Title: �" 6L4-,je.
Date: R104Z
r
27
Non-supj Declaration
S lip1:I<1116 1Iff
WATPA fi.inds must be used to supplement eVisting funds for program activities and
must not rep?.ace. chose :JUlnds that have been appropriated far the same purpose (.E (. W
46,66.080 (5). Supplanting shall be- the subject of application review, gas -well as pre -
award .revie«v, post -award monitoring, re.i..anbarsea.nerlt and audit, If there is a potential
prcgence iaf.'s 1plalaral:inri the <applicarat or grantee will be. recauired to upply
documentlation deeanonstrathig that: the reduc;ion in non-WATFA re.sou ces occurred for
reasons other than the receipt or e petted .re:ceipt of W.AT.PA funds.
i'`i' T 1 _(Applicant Agency) certi.(ies that any funds
w. warded through WA TPA shall be used. to supp,lorneat existing funds for program
activities sand swill not ropiacee (supplant.) non-WATPA funds that have been appropriated
iol' the PLUIlo es, and goals of the grant.
`l:'he _ S�_l ` (Arplicarat Agency Chief oi-
desigmte) understands that stapplanthig viola doals ran. y result in a rame of penalties,
iaac;lu.clirlg but .not li:rnited to suspe.a.sion of a°raturc funds Under this program, saaspe;.nsi.o.n or
debarrrlerac from WATPA grants, recoupmedtt of anar es provided un. ,der this grant, arld
evil mid/or crinn.inal pmialties.
DrintcciName and Tide: •oA�r✓L
Sigriature: __ - - __ - - - ____ __1_ - _______,Da[e: zzz__/�
28
20
COUNCIL MEETING DATE: September,O, 2022 ITEM
...#:
............................................................................................._......................................................................................................_............................................................._.....................__ .............................................................................................................................._ .....................................
.............................................. . ____
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE
FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $5,000.00 in
grant funds from WTSC for distracted driving enforcement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept..6, 2022
SAFETY COUNCIL COMMITTEE (PRHS&PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police
................................_................................_............................._.................. .... .......................................................__....................................................................................................... ................................_.................... ....._............................... .......................... ............ ...................................................................................
Attachments:
1. Staff Report
2. IAA Between WTSC and the Federal Way Police Department
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION: 1 — Accept Proposal
MAYOR APPROVAL:
" { DIRECTOR APPROVAL:
Corm tee C uncil� Iitial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the IAA between WTSC and FWPD to the Septen2ber 13,
2022 City Council Consent Agenda for approval"
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL.MOTION: "I n2ove approval of the IAA between WTSC and FWPD and authorize Chief
Andy Hwang to sign the agreetnent. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
29
CITY OF FEDERAL WAY.
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 6, 2021
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the
Federal Way Police Department
Financial Impacts:
The City of Federal Way will receive $5,000 in grant money from WTSC to work overtime
emphasis patroes focused on distracted driving traffic enforcement.
Background Information:
The Federal Way Police Department enforces traffic laws throughout the city to reduce
collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day
to day staffing level. However, increasing the number of officers on patrol will yield better
enforcement results and likely have a larger and longer lasting impact on traffic issues that affect
our citizens.
The Washington Traffic Safety Commission (WTSC) partners with the United States Department
of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA)
to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols
throughout the year through grant funding. The goal of the grant is to reduce traffic related deaths
and serious injuries through education and enforcement by HVE patrols throughout the state
focusing on impaired driving, occupant protection, speeding, and distracted driving.
The proposal before the Council is an Interagency Agreement between WTSC and FWPD to
provide grant funding to FWPD to conduct, emphasis patrols focused on these traffic enforcement
areas. Simply put, this agreement would allow the City of Federal Way to put more of its police
officers on the road addressing these traffic enforcement goals while knowing it will be
reimbursed for the overtime expense via grant funds.
The patrol emphasis dates under the funds from this grant and per the agreement are July 24 —
August 6, 2022.
30
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
FEDERAL WAY POLICE DEPARTMENT
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and FEDERAL WAY POLICE DEPARTMENT, hereinafter referred to
as "SUB -RECIPIENT."
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained
herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the
Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.600, for traffic safety grant
project 2022-AG-4341 Ding County Distracted Driving Campaign, specifically to provide funding for the
law enforcement agencies in WTSC Regions 7 and 8 to conduct overtime high -visibility enforcement (HVE)
traffic safety emphasis patrols as outlined in the Statement of Work (SOW), in support of Target Zero
priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the
SOW with the SUS -RECIPIENT with the goal of reducing traffic crashes.
Grant 2022-AG-4341 King County Distracted Driving Campaign was awarded to the Regions 7/8 to.
support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT is
able to seek reimbursement for approved straight time or overtime expenses incurred as a participant in the
region's HVE grant.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both Parties, but
not earlier than October 1, 2021, and remain in effect until September 30, 2022, unless terminated sooner, as
provided herein.
3. STATEMENT OF WORK
SCOPE OF WORK:
Note: This statement of work applies only to High Visibility Emphasis patrols (HVE) for traffic safety areas
which your region has received HVE funding.
31
GOAL: To prevent traffic crashes to reduce traffic related deaths and serious injuries through increased
enforcement.
STRATEGY: Prevent drivers from engaging in high risk behaviors by increasing their perception of the risk
of receiving a citation through high visibility enforcement campaigns (HVE). HVE Campaigns influence
driver behavior by creating the perception that there is an increased risk of engaging in risky driving
behaviors. This perception is achieved through 1) an increase in media messages about upcoming emphasis
periods so that the targeted drivers know when the patrols will occur and what will be enforced and 2) during
the patrols drivers have the perception of increased enforcement because they can see a significant and
noticeable increase in law enforcement presence (officers pulling cars over) that reinforces the media
messages they received and influences them to modify their driving behavior.
OBJECTIVES: Research and experience has shown that the strategy is only effective if all partners that
engage in HVE adhere to these requirements. The SUB -RECIPIENT agrees to follow all seven of these
requirements.
Implement the mobilization plan developed by the local traffic safety task farce for each HVE event
that includes:
a. Problem Statement
b. Description of enforcement strategy, including expected law enforcement agencies
participating in the event, target violation, and target locations so that the HVE has the greatest
chance of preventing traffic crashes.
c. Public outreach strategy that targets the drivers most likely to contribute to traffic crashes.
d. Evaluation plan
2. The event is data driven. This means data (such as traffic crash data) is used to identify the locations
where the HVE should occur and drivers with the highest potential of causing traffic crashes.
3. The enforcement is inultiiurisdictional and uses a saturation approach. This means SUB -RECIPIENT
is coordinating its efforts with adjacent law enforcement agencies so that the driving public has the
perception of law enforcement omnipresence on the targeted roads. Enforcement is highly visible —.
clearly more than a typical day. WTSC proposes that no less than three officers work an HVE.
4. The public is made aware of the event before during, and after the enforcement takes place. This
means that messages reach all target audiences in the community, regardless of English proficiency,
who use the targeted transportation system. The WTSC will conduct statewide public education
campaigns during national campaigns, but it is the responsibility of the SUB -RECIPIENT and task
force to ensure that all elements of HVE are being met.
5. Local media are highly involved in the effort to reach communities in which HVE will occur.
6. The SUB -RECIPIENT deploys resources to enforce traffic laws in priority areas throughout the year
when HVE is not being. implemented.
32
ADDITIONAL REQUIREMENTS FOR ALL HVE EVENTS:
In addition to the seven critical elements, SUB -RECIPIENT agrees to all of the following requirements for all
HVE events.
To use the WEMS system provided by the WTSC to record all activities conducted by their
commissionedofficers pursuant to the HVE events. SUB -RECIPIENT will also ensure all supervisors
and fiscal staff have the ability to review and edit those activity logs.
2. All participating staff receive a briefing prior to the event so that every participant understands and
can explain all of the items on the briefing list below. This can be done in person (preferred) or
electronic via telephone, email, or virtually.
• Purpose, goals, strategy, and objectives of the specific HVE event with a focus on the targeted
locations and driving behaviors
• List of on -call DBEs and request procedures
• How to fill out their digital activity log in WEMS
• Information on how the Mobile Impaired Driving Unit will be used (if applicable)
• Dispatch information
• All Participating officers
• Spotter processes (if applicable)
• Available Draeger machines and locations
3. All officers participating in these patrols are BAC certified and passed the SFST refresher training
within the prior three years (this is regardless of ARIDE or DRE Training mentioned below).
4. To utilize all available media platforms it has available (website, email newsletters, social media etc...)
to the fullest extent to publicize the HVE events.
5. Make at least one individual available for weekend media contacts, beginning at noon on Fridays
before HVE mobilizations.
ADDITIONAL REQUIREMENTS FOR SPECIFIC HVE EVENTS
In addition to the seven critical elements, and the additional requirements of all HVE events, the SUB -
RECIPIENT agrees to all of the following requirements for each type of specific HVE in which they will
participate.
1. DISTRACTED DRIVING
a. Distracted driving HVE events will be conducted using a team approach with designated
spotters.
b. SUB -RECIPIENT will participate in a King County Target Zero Task Force distracted driving
emphasis campaign between July - September 2022 (specific dates TBD).
33
OTHER CONSIDERATIONS, EXCEPTIONS, AND NOTES REGARDING HVE EVENTS
Distracted Driving HVE Events:
• With the State of Washington's distracted driving law, these patrols will be important to ensure
through education and enforcement that drivers understand and are following the new law RCW
46.61.672).
• These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit
can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols
shall occur in areas with the highest number of past distracted driving violations. This approach has
shown to best identify distracted driving violations.
• Spotter Requirement Explained: A distracted driving HVE patrol must consist of at least three officers
— one spotter and at least two officers responding to violations.
• This funding can be expended outside of the national campaigns, but the funds must only be used for
distracted driving HVE enforcement.
3.1. MILESTONES AND DELIVERABLES
Mobilization
On the Road, Off the Phone
3.2. COMPENSATION
Dates
July— September 2022
3.2.1. Compensation for the straight time or overtime work provided in accordance with this Agreement has
been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW
will not exceed dollar total fi•om amounts listed below. Payment for satisfactory performance of the overtime
work shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher
amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT.
Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies
who are active members of the Regions 7/8 traffic safety task force with a fully executed grant agreement are
eligible to participate in this grant.
3.2.2. WTSC will reimburse for personnel straight time or overtime expenses (overtime expenses will be
reimbursed at 150 percent of the officer's normal salary rate) plus SUB-RECIPIENT's contributions to
employee benefits, limited to the .following.
• FICA
• Medicare
• Any portion of L & I that is paid by the employer (SUB -RECIPIENT)
• Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution
is based on a percentage of their hours worked
Health insurance, or any.other benefits not listed above, are not eligible for reimbursement.
34
The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles,
radars, portable breath testers, etc.) to participate in the emphasis patrols.
3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties
impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without
amending this agreement. HVE grant funds should be managed collaboratively by the SUB -RECIPIENT and
the TZM.
These alterations must be requested through email communication among all involved parties, including the
TZM, and the WTSC Fiscal Analyst. This communication shall include an HVE Allocation Adjustment form,
which details the funding alterations.
Funds within the same HVE campaign budget category only, can be increased and decreased across parties,
so long as the modified total does not exceed the regional total allocation per funding category.
3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and
proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the
statement of work. These funds may not be used for any other purpose for example any work required to
maintain a law enforcement commission including recertification trainings like firearm qualification.
3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project
providing SUB -RECIPIENT has received prior approval from their region's TZM. This activity must be
overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed.
3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing
SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL
to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the
expenses listed in section 3.2 and its subsections will be reimbursed.
3.2.7. The law enforcement agency involved will not schedule individual officer overtime shifts for longer
than eight hours. WTSC understands there may be instances when more than eight hours are billed due to
DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log.
3.2.8. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is
claimed has exceeded his/her nonnal weekly working hours when participating in an emphasis patrol and is
authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate
and not at the 150 percent overtime rate.
3.3. SUMMARY OF PROJECT COSTS
The WTSC has $5,000 to the FEDERAL WAY POLICE DEPARTMENT for the purpose of conducting
coordinated overtime HVE activities. By signing this agreement, the SUB -RECIPIENT is able to seek
reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be
coordinated by the region's traffic safety task force and TZM in order to be eligible for reimbursement.
35
The funding for FEDERAL WAY POLICE DEPARTMENT as follows:
EMPHASIS PATROL
Distracted Driving Patrols $5,000
(Section 402, CFDA 20.600)
3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPOsRTS
The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity
Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as
detailed in the 66BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online
grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done
in WEMS.
5. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall
be made by the WTSC.
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written request to
amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and
WTSC Program Manager can be made through email communication and signatures are not required.
7. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
8. ASSIGNMENT
The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the
funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements
must include the federal provisions set forth in this Agreement in sections 34 through 42.
W
9. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its
own attorney fees and costs.
10. BILLING PROCEDURE
All invoices for reimbursement of HVE activities will be done using the WTSC's grant management system,
WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to
the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up
documentation is required in most cases.
Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval.
The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt.
Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC.
Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days
after the expiration date of this Agreement. All invoices for goods received or services performed on or prior
to June 30, 2022, must be received by WTSC no later than August 10, 2022. All invoices for goods
received or services performed between July 1, 2022 and September 30, 2022, must be received by WTSC
no later than November 15, 2022.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which
may be classified as confidential, for any purpose not directly connected with the administration of this
Agreement, except with prior written consent of the WTSC, or as may be required by law.
12. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
13. COVENANT AGAINST CONTINGENT FEES
The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage; or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUB -RECIPIENT, to annul this Agreement without liability.
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the
Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by
the decision.
37
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue
performance under this Agreement while matters in dispute are being resolved.
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
15.2. In the event of an inconsistency in the terms.of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
15.2.1. Applicable federal and state statutes and rules
15.2.2. Terms and Conditions of this Agreement
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under t UD Agrce�a.ert
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference
16. INCOME
Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, and that income must be applied to project
purposes or used to reduce project costs.
17. INDEMNIFICATION
17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims")
brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's
performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims
against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or
omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided,
however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend
the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or
omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from
the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or
subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by
RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of
the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors.
17.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees or agents of each Party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents
of the other Party.
19. INSURANCE COVERAGE
19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to
the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with
proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
20. LICENSING. ACCREDITATION AND REGISTRATION
The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance of this Agreement. The SUB -
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and
be responsible for payment of all taxes due on payments made under this Agreement.
21. RECORDS MAINTENANCE
21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal
officials so authorized by law. All books, records, documents, and other material relevant to this Agreement
will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC,
and any duly authorized representatives shall have full access and the right to examine any of these materials
during this period.
21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other
Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not
disclose or make available this material to any third Parties without first giving notice to the furnishing Party
and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
and protections to assure that records and documents provided by the other Party are not erroneously
disclosed to third Parties.
22. RIGHT OF INSPECTION
The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the
right to access, amend, and receive an accounting of disclosures of their Personal Information according to
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
39
Department of Health and Human Services all internal policies and procedures, books, and records relating to
the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement.
23. RIGHTS IN DATA
23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to
the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer
these rights.
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law,
a OTT 11 11IroTRT�1T 1 +.�r�F r� t� �hITCr the entaie nnh4 4i41e and antPgact in and fn all rtoFlt.c in
'I- Jvll-iV--.ice 1i a assigns an transfers rigInt, , ..., ...a____
the Work Product and any registrations and copyright applications relating thereto and any renewals and
extensions thereof.
23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to protect the
public interest.
24. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
may terminate the Agreement under the. "TERMINATION FOR CONVENIENCE' clause, without the 30-
day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
funding limitations or conditions.
25. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
26. SITE SECURITY
While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in
all respects with all WTSC physical, fire, or other security policies and applicable regulations.
40
27._TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or
reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be
liable only for payment required under the terms of this Agreement for services rendered or goods delivered
prior to the effective date of termination.
30. TREATNMN`I' OF ASSETS
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as
a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property
by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT
under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the
performance of this Agreement, or (ii) commencement of use of such property in the performance of this
Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first
occurs.
30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein
or approved by the WTSC, be used only for the performance of this Agreement.
30.3. The SUB -RECIPIENT shall be responsible for any loss or damage 'to property of the WTSC which
results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB -
RECIPIENT to maintain and administer that property in accordance with sound management practices.
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
30.5. The SUS -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUS -RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub -contractors.
31. WAIVER
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
41
subsequent exercise of such lights and shall not constitute a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23
CFR PART 1300 APPENDIX A):
32. BUY AMERICA ACT
The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines that
such domestically produced items would be inconsistent with the public interest, that such materials are not
reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost
of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign
produced items, the WTSC must submit a waiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation.
33. DEBARMENT AND SUSPENSION
Instructions for Lower Tier. Certification
33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower
tier participant") is providing the certification sct out below and agrees to comply with the requirements of 2
CFR part 180 and 23 CFR part 1300.
33.2. The certification in this section is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the federal government, the department or
agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by NHTSA.
33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled
"Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower
42
tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Eachh participant may, but is not required to, check the List of Parties Excluded
from Federal Procurement and Non -procurement Programs.
33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, the department or agency with which this transaction originated may disallow
costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other
remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Agreement.
34 THE DRUG -FREE WORKPLACE ACT O 1988 (41 U.S.C. 8103)
34.1. The SUB -RECIPIENT shall:
34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that
will be taken against employees for violation of such prohibition.
34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the
Workplace; the SUB -RECIPIENT'S policy of maintaining a drug -free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
43
34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1,1. of this section.
34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition
of employment under the grant, the employee will abide by the terms of the statement, notify the employer of
any criminal drug statute conviction for a violation occurring .in the workplace no later than five days after
such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise
receiving actual notice of such conviction.
34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this
section, with respect to any employee who is so convicted: take appropriate personnel action against such an
employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law
enforcement, or other appropriate agency.
34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all
of the paragraphs above.
35 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUS -RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if the public does not have access to information
about the compensation of the senior executives of the entity through periodic reports filed under section
13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.
36. FEDERAL LOBBYING
36.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
MA J.. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, Disclosure Form to Report Lobbying, in accordance with its instructions.
36.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans,
and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly.
44
36.2. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees:
37.1.10 To comply with all federal nondiscrimination laws and regulations, as may be amended from time to
time.
37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA.
37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions
in this contract/funding Agreement, the WTSC will have the light to impose such contract/agreement
sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the
contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies,
and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part.
37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every
solicitation for a sub -contract or sub -agreement that receives federal funds under this program.
38 POLITICAL ACTIVITY RIATCH,ACT)
The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to
create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or
elements of helmet usage or checkpoints, and so fully complies with this requirement.
40. STATE LOBBYING
None of the funds under this Agreement will be used for any activity specifically designed to urge or
influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal
pending before any state or local legislative body. Such activities include both direct and indirect (e.g.,
"grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is
supported with NHTSA funds from engaging in direct communications with state or local legislative officials,
in accordance with customary state practice, even if such communications urge legislative officials to favor or
oppose the adoption of a specific pending legislative proposal.
UP
41. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursement regarding this Agreement:
The Contact for the SUB-
RECIPIENT is:
The Target Zero Manager for
Regions 7M is:
The Contact for WTSC is:
Lt. Brigham Schulz
Sara Wood
Debi Besser
Federal Way PD
swood(a2kentwa.eov
WTSC Program Manager
Brigham.Schulz@cityoffedemlway.com
253-856-5856
dbesserC7a.wtsc.wa.ecv
253,835.6743
42. AUTHORITY TO SIGN
The undersigned acknowledges that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligation set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
z4 42-11-7
Signature
Pamela E
Signature
G Pam Pannkuk
Printed Name Printed Name
GLs.c� eF fd�r�.e Deputy Director
Title Title
9/—, z 07-27-2022
Date ° Date
46
COUNCIL MEETING DATE: September 20, 2022 _ _ ]T M#: _
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CJTC BLEA TAC-OFFICER AGREEMENT
POLICY QUESTION: Should the Mayor approve the Agreement between the City of Federal Way and the
Criminal Justice Training Commission for reimbursement of salary and benefits (including overtime) in
exchange for a FWPD officer being assigned as a TAC-Officer (instructor) at the Basic Law Enforcement
Academy?
COMMITTEE: PRHS&PS Committee MEETINGDATE: September 13, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Commander DEPT: Police
Attachments: 1. Staff Report
2. CJTC BLEA TAC-Officer Agreement
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'SRECOMMENDATION: Option 1.
MAYOR APPROVAL: ZZ /'2ZDIRECTOA APPROVAL:' �JV/,-
Commi ee Grvmil Inau
InOUVWIe IniliaUDSC
COMMITTEE RECOMMENDATION: "! MOW to forward the proposed Agreement to the September 20, 202Z
consent agendafor approval."
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: '7 move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW MDR COMPLETED BY CITY CLEM SOFFICE/
COUNCIL ACTION: ❑ APPROVED COUNCIL BILL k
❑ DENIED Fint reading
❑ TABLED/DEFERRED/NOACTION Enaetnwt reading
❑ MOVED TO SECOND READING (ordfnanue only) ORDINANCE#
REVISED— I12a19 RESOLUTION #
47
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 13, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: CJTC BLEA TAC-Officer Agreement
Financial Impacts:
This item will actually save the City of Federal Way the salary and benefits (including
overtime) in exchange for one FWPD officer being assigned as a TAC-Officer (instructor) at
the Criminal Justice Training Commission's (CJTC) Basic Law Enforcement Academy
(BLEA) conducting the raining of student officers from across the region.
Bachground Information:
The BLEA utilizes full -tune law enforcement officers, on contract, as TAC-Officers
(instructors) for the purposes of teaching the state mandated courses required by student
officers from law enforcement agencies across the region. By accepting this agreement, the
FWPD would send a commissioned law enforcement officer (1 FTE) to work at the BLEA
for a 3-year period, with the possibility of a 1-year extension.
Having a FWPD TAC-Officer at the BLEA also benefits the agency by way of priority
enrollment for student officers from our agency. What that means is our BLEA students will
be immediately accepting into academy classes without the normal extended wait times ofup
to 4-6 months. Instead, our BLEA students will typically receive academy dates within 1-2
months of application.
We have had multiple personnel fulfill this position previously, but almost 15-20 years ago.
This current opportunity comes at the perfect time with the Council's approval for additional
personnel and will assist in greatly reducing the wait times for our student officers to
graduate the BLEA and return to the FWPD for their field training and eventually deploying
as solo officers, becoming force multipliers for our current personnel to better address the
needs of our community.
48
Rev. 7/18
DocuSign Envelope ID: 25936221 -91 DF-4138-BF5F-223C2D784439 „rr,
Contract Routing Sheet
Washington State Criminal Justice Training Commission
Serena Anastasio 8/15/2022 0101?2__
Contract Requestor Name Request Date Anticipated Contract Start Date
Basic Training Division/ BLEA Donovgn HeaVen -r
Division/Program Proposed Contractor (If Any)
Contractor's Title/Rank: officer
Agency: Federal Way PD
Contract Timeframe: September 2022-2025
HR Considerations (Please answer all questions)
Is this or similar work done by any current employee?
1� Yes ❑ No ❑ Needs Further Review
Will any current employee(s) be displaced, denied, or limited work by the decision to purchase services by
contract?
❑ Yes 1� No ❑ Needs Further Review
Has the proposed contractor provided proof of COVID-19 vaccination?
❑X Yes ❑ No
Budget Considerations (Please answer all questions)
Has the budget for this been established?
RYes ❑ No ❑ Needs Further Review
Is there a PI code associated?
1� Yes ❑ No ❑ Needs Further Review
If so, please list. PI Code(s): X❑ 101 ❑ 102 ❑ 201 ❑ Other:
Does the potential contractor currently hold other contracts with CJTC? If yes, list below.
❑ Yes 1� No ❑ Needs Further Review Contract #s:
Dave Miller
p,pprave
yot- kukr
8/15/2022
Program Manager Name
Recommendation
Signature
Date
Dave Campbell
approve _
%cuAt��at (�
8/15/2022
_
Division Manager Name
Recommendation
Signature
Date
Marisa Peer
AbprQ.ve
hAyisa �f t r _
8/15/2022
HR Manager Name
Recommendation
Signature
Date
Brian Elliott
Approve
bnaln. fUW
8/15/2022
Budget Manager Name
Recommendation
Signature
11 Date
Jerrell Wills
Approve
�tri''!�l S
8/15/2022
Deputy Director Name
Recommendation
Signature
Date
49 Rev. 2/2/2022
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
-V
WASHINGTON STATE .
CRIMINAL JUSTICE TRAINING COMMISSION
Monica A. Alexander, Executive Director
19010 1st Avenue South o Burien, WA 98148 • Phone: 206-835-7300 m LAw ,r. c.v{a. ov
INTERAGENCY AGREEMENT No.
This agreement is made and entered into by and between the Federal Way Police Department, hereinafter
referred to as the "Agency", and the Washington State Criminal Justice Training Commission, hereinafter
referred to as the "Commission".
Whereas Donovan Heavener is employed by the Agency as an employee, holding the position of Officer
therein; and
Whereas the Commission, pursuant to Chapter 43.101.RCW, Is empowered to provide programs and standards
for the training of criminal justice personnel and in conjunction therewith may contract with individuals and
agencies for the purpose of training; and
Whereas the Commission desires to contract with the Agency for the full-time services of Donovan Heavener in
administering, conducting, and presenting this state's Basic Law Enforcement Academy program;
Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto
mutually agree as follows:
(1) Term
This agreement shall commence on the 6th day of September, 2022 and terminate on the 5th day of
September, 2025, subject to prior termination as provided herein and unless as extended by written mutual
agreement of the parties hereto.
(2) Duties of the Agency:
The Agency shall provide the full-time services of Donovan Heavener to the Commission forthepurpose of
administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services
shall include, but not be limited to:
(a) Providing classroom instruction in assigned subjects.
(b) Creating written and practical exercises relating to classroom instruction.
(c) Writing test material.
(d) Researching/updating classroom instruction and teaching materials.
(e) Tutoring/counseling academy attendees.
(g) Grading exams.
(h) Assisting and coordinating practical training exercises.
(i) Suggesting revisions to academy programs and curriculum.
TRAINING THE GUARDIANS OF DEMOCRACY
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(3) Consideration
in consideration of those services provided under this agreement, the Commission shall reimburse to the
Agency its full payment of salary to Donovan Heavener, including all benefits and all increases to said salary or
benefits, during the period of Donovan Heavener's service to the Commission herein under. The Commission
shall pay said reimbursement amount upon submission by the Agency of a monthly invoice to the Commission
at 19010 1st Ave South, Burien, WA 98148.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement between the parties and shall, as of the effective date
hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of
them has made any representations with respect to the subject matter of this agreement or any
representations, including the executing and delivery hereof, except such representations as are specifically set
forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering
into this agreement.
(5) Modification
No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall
be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any
waiver or modification shall be offered or received in evidence of any proceeding or litigation between the
parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties herein under,
unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that
the provisions of this section may not be waived except as herein set forth.
(6) Termination of Agreement
This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by
either party after thirty -days (30) following the other party's receipt of a written intent to terminate.
The parties retain the right to cancel this agreement upon ten (10) days written notice to the other party if
either party fails to properly keep any of the provisions of this agreement. In the event of termination under
this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the
compensation as set forth in section (3) herein.
(7) Operations
To protect the health and safety of the staff and students of the Commission, contract instructors are required
to submit to infectious disease testing when directed to do so by the Commission. Contractors must report the
results to the Commission's confidential appointee. Contractors agree to follow the health and safety protocols
put in place by the Commission pre and post-test. Should Donovan Heavener not wish to follow operational
directives, they will be immediately release from their contractual obligation.
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Federal Way Police Department
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(8) Health and Safety
To protect the health and integrity of the Commission, contract instructors understand the Commission
maintains control over its operations and agree to submit to directions and protocols put in place in order to
carry out its mission. Should Donovan Heavener not wish to follow operational directives, they will be
immediately released from their contractual obligation.
(9) COVID Vaccination Certification
Pursuant to Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021) as amended by
Proclamation 21-14.1— COVID-19 Vaccination Requirement (dated August 20, 2021), hereinafter referred to as
the ("Proclamation"), all contractors and any of their employees and/or subcontractors who provide
contracted services on -site must certify that they are fully vaccinated against the COVID-19 virus as set forth in
the Proclamation. Contractors who cannot so certify are prohibited from contracting with the state.
The Agency represents and warrants that should their responsibilities to the Commission involve on -site
services as of October 18, 2021, the Agency's personnel providing such services will be fully vaccinated against
the COVID-19 virus as set forth in the Proclamation. The Agency further understands that, upon request, the
Agency's personnel must provide to the Commission proof of vaccination, in a manner established by the
Commission. Should Donovan Heavener not wish to provide proof of vaccination, they will be immediately
released from their contractual obligation.
(10) Employment Obligations of Parties
The Agency agrees to pay to Donovan Heavener the full salary and benefits, including all increases to said
salary and benefits, accruing to him as an employee of the Agency during the period of his services herein
under. Additionally, the Agency agrees to extend to Donovan Heavener all rights, privileges, and benefits
attendant to and resulting from his employment by the Agency, including any and all promotional
opportunities otherwise available to him. The Agency further agrees that upon completion and conclusion of
Donovan Heavener's service herein under, and in the absence of any promotion or upgrading in classification
which has occurred during the duration of this agreement and in the absence of any disciplinary action taken
during the duration of this agreement, he will be returned and reinstated to the Agency at the same or equal
commissioned rank or position which he held on the beginning date of this agreement.
The Commission agrees to complete all necessary evaluation and documentation regarding Donovan Heavener
during the period of his service herein under and as required by the Agency. The Agency reserves the right to
discipline Donovan Heavener for any violation of the Agency's rules in the same manner as other Agency
employees. The Commission additionally agrees to provide Donovan Heavener a work and learning experience
and professional opportunities for career development and enrichment at no special cost or direct cost to the
Agency.
(11) Indemnification/Hold Harmless
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Federal Way Police Department
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The Commission shall defend, indemnify and hold the Agency, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or
resulting from the negligent acts, errors or omissions of the Commission occurring (a) in performance of
services reasonably related to this Agreement and (b) either at the request of or under the direction and
control of the Commission, its agents or employees, except for injuries and damages caused by the negligence
of the Agency, its.officers, officials, employees and volunteers other than Donovan Heavener. The Commission
agrees to defend, indemnify, and hold the Agency, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses, or suits, arising out of the services provided by Donovan
Heavener under the direction of the Commission, as described in Section 2 above.
(12) Medical/Health and Workers' Compensation Benefits
In the event of any injury to, or the illness or death of Donovan Heavener while acting in performance of this
agreement, the Agency agrees to extend to Donovan Heavener medical / health and workers' compensation
benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death
had occurred during work assignment in and for the Agency.
(13) Venue Stipulation
This agreement shall be construed as having been made and delivered with 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 provision hereto shall be
instituted in King County, Seattle, Washington.
(14) Assignment
Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither
party hereto may assign, sublet, or transfer any interest in this agreement.
(15) Compliance with Laws
The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal,
state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining
to civil rights and laws pertaining to the Commission and the Agency, including merit system rules.
(16) Notices
All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized
business addresses.
(17) Headings
The article headings contained in this agreement are inserted solely as a matter of convenience and for
reference and in no way define, limit, or describe the scope or intent of the provisions of this agreement.
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IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
Washington State Criminal Justice Training Commission Federal Way Police Department, Washington
hb / (,A Q(k;)r,Ad/l. 8/15/2022 _
Monica Alexander, Date Andy Hwang, Date
Executive Director Chief
Criminal Justice Training Commission
190101st Avenue South
Burien, Washington 98148
Federal Way Police Department
33325 8t" Avenue South
Federal Way, WA 98063
cc: Dave Campbell, Basic Training Division Commander, WSCJTC
Brian Elliott, Fiscal Manager, WSCJTC
Dave Miller, Assistant Commander — BLEA, WSCJTC
Jerrell Wills, Deputy Director, WSCJTC
Officer Donovan Heavener, Federal Way PD
54
COUNCIL MEETING DATE: September 20, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONTRACTED ELECTRICAL SERVICES REQUEST FOR QUOTES
POLICY QUESTION: Should the City Council approve the proposed request for quotes and authorize staff to
solicit proposals from the Municipal Research and Service Center small works roster for on call electrical
services?
COMMITTEE: PRHSPS MEETING DATE: September 13, 2022
CATEGORY:
® Consent
❑ Ordinance
❑
Public Hearing
❑ City Council Business
❑ Resolution
❑
Other
STAFF REPORT BY: Jason Gerwe�Parks�ut� Director DEPT: PRHSPS
Attachments: 1. Staff Report
2. Contracted Electrical Services RFB
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYORAPPROVAL:
mituvoere
l oa-
COMMITTEE RECOMMENDATION: "I move to forward the proposed request for quotes to the September 20,
2022, consent agenda for approval "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed request for quotes. "
ELOW TO BE COMPLETED BY CITY CL EWS OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL
❑ DENIED
Fint reading
❑ TABLEDB/EFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (mdirances only)
ORDINANCE N
REVISED-11/2019
RESOLUTION #
55
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 24, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
Brian Davis, Interim City Administrator
FROM: Jason Gerwen, Deputy Parks Director
SUBJECT: Contracted Electrical Services
Financiial Impacts:
The cost to the City for Contracted Electrical Services was included within the approved
budget under the following Parks Department Maintenance budget codes 001-7100-336-576-
80-480, 505-1100-331-518-30-480, 505-1100-331-576-80-480, 505-1100-331-576-81-480,
303-7100-129-594-76-650 and 001-7100-331-576-80-480. In accordance with the approved
budget, this item is funded by the City's General Fund. Staff is requesting allocation of
$350,000 for the lifetime of the contract due to ongoing costs associated with ad -hoc, as -
needed routine electrical maintenance and repairs at all locations of City of Federal Way
facilities within the City limits, that are not planned for and budgeted in advance
Background Information:
The City has successfully used Contracted Electrical Services since the 1990's for ad -hoc, as -
needed routine electrical maintenance and repairs at all locations of City of Federal Way
facilities within the City limits, that are not planned for and budgeted in advance. By law we
must re -bid this type of service every three years, which is why we are requesting to send out
invitations for competitive quotes to companies listed on the Municipal Research and Service
Center (MRSC) roster.
56
Rev. 7/18
BID AND SMALL PUBLIC WORKS CONTRACT AND SPECIFICATIONS
FOR
CONTRACTED ELECTRICAL SERVICES
Quotes Accepted Until 2:00 P.M., October 5, 2022
Prepared By:
City of Federal Way
Parks Department
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-17 2022-2025
CFW RFQ VERSION 2020-JUNE
TABLE OF CONTENTS
PAGE
NOTICETO CONTRACTORS............................................................................................................................... 3
INSTRUCTIONS TO BIDDERS & CHECKLISTS..................................................................................................
4
QUOTE...................................................................................................................................................................
6
CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION........................................................................
10
SMALL PUBLIC WORKS CONTRACT...............................................................................................................
11
EXHIBIT A = SAMPLE TASK ORDER................................................................................................................
20
SAMPLE CONTRACT CHANGE ORDER...........................................................................................................
21
CERTIFICATE OF INSURANCE.........................................................................................................................
23
PERFORMANCE AND PAYMENT BOND..........................................................................................................
24
CONTRACTOR'S RETAINAGE OPTION............................................................................................................
26
RETAINAGE BOND TO CITY OF FEDERAL WAY............................................................................................
27
PREVAILING WAGES AND BENEFIT CODE KEY................................................................................................
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-98 2022-2025
CFW RFQ VERSION 2020-JUNE
NOTICE TO CONTRACTORS
CONTRACTED ELECTRICAL SERVICES
The City of Federal WaV extends this invitation to bid to selected contractors listed with the MRSC Small
Works Roster. This proiect is a small public works project and will be awarded under the small works
roster process.
PURPOSE: The City of Federal Way ("City") is requesting quotes for Contracted Electrical Services. Quotes will
be received via email only to Sherri.Nelson@cityoffederalway.com on Wednesday, October 5, 2022 at 2:00 PM.
Quotes received after that time and date will not be considered. Email subject line "Bid Submittal — Contracted
Electrical Services"
This project shall consist of: Contracted Electrical ("Services") as requested by the City of Federal Way ("City").
These are electrical services that have not been specifically budgeted for in advance in association with a known
or identified project, which will be bid separately, and may be requested in various project locations throughout
the City. Upon identification of a project by the City, the City and Contractor will negotiate scope, schedule, and
budget for the specific project which will be included in a "Task Order." The "Task Order" form is attached to the
Small Public Works Contract as "Exhibit A." The City is not obligated to assign any specific number of tasks to the
Contractor and the City and Contractor's obligations hereunder are limited to the tasks assigned in written "Task
Orders." Typical dollars spent on these services range from $5,000 to $120,000 per year.
The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon
as the Contract and all required documents are executed in full.
QUESTIONS: Any questions must be sent via email to Jason Gerwen at Jason gerwen(a7cityoffederalway.com
or Derreck Presnell at derreck.presnell@cityoffederalway.com.
SCOPE OF WORK/SERVICES: Contractor will provide ad -hoc electrical services at all locations of City of Federal
Way facilities within the City limits as -needed, however, City reserves the right to solicit bids on electrical repairs
that may exceed $4000. Electrical services shall include but not be limited to: repairs, maintenance,
troubleshooting, and replacements of fixtures, ballast, breakers, and other components. Contractor must be able
to demonstrate knowledge and resources to perform repairs and bulb replacements on lighting poles up to 100'
on athletic turf fields. Contractor and employees shall be trained and skilled to persorm all related services, and
have experience with all types of electrical services and voltages. Contractor must be able to respond to
emergencies within up to 8 hours of contact by the City, preferably less, as agreed to in the contract, and respond
to requests for services within 24 hours. Additional requirements and details are available in the attached contract.
All quotes shall be in accordance with the Contract.
The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and
Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids
in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent
with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for
and obtain public contracts.
The City of Federal Way reserves the right to reject any and all quotes, waive any informalities or minor
irregularities in the solicitation process, and determine which quote or bidder meets the criteria set forth in the bid
documents.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-09 2022-2025
CFW RFQ VERSION 2020-JUNE
INSTRUCTIONS TO BIDDERS & CHECKLISTS
(1) NOTICE TO CONTRACTORS AND CONTRACT DOCUMENTS
Contractors must comply with the bidder instructions in the Notice to Contractors and the Contract
Documents.
(2) EXAMINATION OF QUOTE AND CONTRACT DOCUMENTS — BIDDER RESPONSIBILITIES
The submission of a quote shall constitute an acknowledgment upon which the City may rely that the
bidder has thoroughly examined and is familiar with the bid and Small Public Works Contract and the
other Contract Documents, potential project sites, the availability of materials and labor, publically
available information, and has reviewed and inspected all applicable federal, state, and local statutes,
regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be
provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations,
ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the
bidder's quote or the contract documents. No claim for additional compensation will be allowed which is
based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or
resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar
with and verify any environmental factors, which may impact current or future prices for this requirement.
(3) INTERPRETATION OF QUOTE AND CONTRACT DOCUMENTS
No oral clarifications, interpretations, or representation will be made to any bidder as to the meaning of
�h t (` fl niimr� }�, Ridrlaro hill nn� rol�i iinCn n�i Cr l �tatemerit or vonversat�on thell
ucc quote or vviilrai.� vvi.uii isLS -MIS is �.1 n 1,v1. .—,y "N Y Y
may have with City's employees, agents, representatives, consultants, or design professionals regarding
the Contract Documents, whether at the pre -bid meeting or otherwise and no oral communications will be
binding upon the City. Any questions must be directed to Jason Gerwen at
Jason. gerwenOcitvoffederalway.com or Derreck Presnell at derreck.presnell@cityoffederalway.com via
email. Any interpretation deemed necessary by the City will be in the form of an Addendum to the bid
documents and when issued will be sent as promptly as is practical to all parties to whom the bid
documents have been issued. All such Addenda shall become part of the bid.
(4) QUOTE PRICE
The quote price shall include everything necessary for the completion of the Contract and the Work
including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all
management, superintendence, labor and service, except as may be provided otherwise in the Contract
Documents. All Washington State sales tax and all other government taxes, assessments and charges
shall be included in the various Bid item prices as required by law. Please present detailed proposed fee .
schedule information on the quote sheet for the specifications proposed and for any variation for non -
routine services, inclusive of Washington state sales tax and any other applicable governmental charges.
You may provide additional attachments if needed. Please provide specifics as to definitions of routine
versus non -routine tasks, what is fixed as opposed to variable, and how costs are adjusted according to
that classification. Quote information provided will be used as a basis for understanding and estimates of
costs prior to the issuance of Task Orders under the Contract.
The offer shall remain in effect ninety (90) days after the bid opening. Payment by the City for the services
will be made only 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.
(5) POSTPONEMENT OF QUOTE OPENING
The City reserves the right to postpone the date and time for receiving the quotes by Addendum at any
time prior to the bid opening date and time announced in these documents.
(6) REJECTION OF BIDS
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ* 2022-2025
CFW RFQ VERSION 2020-JUNE
The City reserves the right to reject any quote for any reason including, but not limited to, the reasons
listed in Standard Specifications Section 1-02.13. The City further reserves the right to reject any portion
of any quotes and/or to reject all quotes. In consideration for the City's review and evaluation of its quote,
the bidder waives and releases any claims against the City arising from any rejection of any or all quotes.
If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the
bids of the participants in such collusion will be considered.
(7) RECYCLED PRODUCT
The Contractor shall use recycled paper for proposals and for any printed or photocopied material created
pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports
submitted to the City whenever practicable.
(8) BIDDER'S CHECKLIST
The bidder's attention is especially called to the following forms, which must be executed in full as.
required. Failure to comply may result in rejection of any bid not so complying.
❑ Quote: The Quote shall be completed and fully executed, including filling in the total bid amount.
❑ Contractor Certification —Wage Law Compliance: This form shall be filled in and fully executed
by the bidder.
(9) CONTRACT CHECKLIST
The following documents are to be executed and delivered to the City after the Bid is awarded:
❑ Small Public Works Contract: The successful bidder will fully execute and deliver to the City
the Small Public Works Contract ("Contract") from these Bid Documents.
❑ Certificate of Insurance: The successful bidder will provide a Certificate of Insurance
evidencing the insurance requirement set forth in the Contract.
❑ Performance/Payment Bond: The successful bidder will provide a fully executed
Performance/Payment Bond as appropriate or in lieu of a bond, option to authorize the City to
retain ten percent (10%).
❑ Contractor's Retainage Option: The successful bidder will fully execute and deliver to the City
the Contractor's Retainage Option.
❑ Contractor's Retainage Bond: If the retainage bond option is chosen, then the successful
bidder will fully execute and deliver to the City the Contractor's Retainage Bond.
❑ Business License: The successful bidder will provide a copy of a current Business License
with the City of Federal Way.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-& 2022-2025
CFW RFQ VERSION 2020-JUNE
QUOTE SHEET
Contracted Electrical Services
QUOTE SUBMITTED VIA EMAIL TO:
Sherri. Nelson(a)cityoffederalway.com, Subject line "Bid Submittal — Contracted"'F-lerlcalsServic%S"
Signature
Company
/ Printed
Name:
Name
Address:
City/State/Zip:
Telephone:
Email:
Title:
Select One of the Following: ❑ Corporation
State Contractor's License No.:
State UBI No.:
❑ Partnership. ❑ Individual ❑ Other
State Contractor's License Expiration Date:
Month Day Year
State Worker's Comp. Account No.:
PROJECT SUMMARY: Federal Way Parks Department is requesting quotes for Contracted Electrical services.
I. Electrical services shall include but not be limited to: repairs, maintenance, trouble shooting, replacement of; fixtures, ballast, breakers and other
components.
2 Contractor and employees shall be skilled and able to perform fixture repairs and bulb replacements on a variety of lighting poles, including up to
100' sports field lighting on turf fields.
3. Contractor provided materials will be marked up at an agreed upon percentage above wholesale.
4. City reserves the right to solicit quotes on electrical repairs that may exceed $4,000
LOCATIONS: All City of Federal Way facilities within City limits.
PROPOSALS: Please submit the following rates which will be the basis for invoicing electrical services work. Rates should account for a 3-year contract;
based upon prevailing wages.
Hourly Journeyman bid rate:
Projects up to 8hrs/day
$
Per hour
OT rate over 8hrs
$
Per hour
Saturday hourly rate
$
Per hour
Sunday hourly rate
$
Per hour
Hourly Apprentice bid rate:
Projects up to 8hrs/day
$
Per hour
OT rate over 8hrs
$
Per hour
Saturday hourly rate
$
Per hour
Sunday hourly rate
$
Per hour
Equipment rate bid:
15' to 40' personnel lift
$
Per day
$
Per week
41' to 110' personnel lift
$
Per day
$
Per week
Materials charged at %
Mark up above wholesale cost
Emergency Response time (check the one your company will commit to under contract): ❑ 2-4 hours ❑ 4-6 hours ❑ 6-8 hours
CITY OF FEDERAL WAY
Contracted Electrical Services
RFQ-62 2022-2025
CFW RFQ VERSION 2020-JUNE
Comments:
SELECTION CRITERIA:
Responsiveness to quote — 25% Ability/History to complete this type of contract — 25% Price — 50%
All quotes must be received no later than 2:00 PM October 5, 2022. Questions may be referred to Jason Gerwen at Jason erwen@cityoffederalway.com
or Derreck Presnell at derreck, rn esnrllr�dcityoffederalw,,iy.com. Please email quotes to: Sherri Ne[so n[u-cityoffedera lway.com.
NOTE: All entries shall be written in ink or typed. Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in
numerical figures only, in dollars and cents to two (2) decimal places (including for whole dollar amounts). All figures must be clearly legible. Bids with
illegible figures in the unit price column will be regarded as nonresponsive. Where conflict occurs between the unit price and the total amount specifiedfor
any item, the unit price shall prevail, and totals shall be corrected to conform thereto. The Bidder shall complete this entire Bid Form or this bid may be
considered non -responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive
any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ f73 2022-2025
CFW RFQ VERSION 2020-JUNE
The documents incorporated by reference, as if fully set forth, are the Notice to Contractors, the Instructions to
Bidders and Checklists, the Contractor's Quote (including all forms and supplemental information listed on the
Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices,
Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and
supplemental information listed on the Contract Checklist), the version of the Washington State Standard
Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided
to bidders and/or referenced in or referred to by the Contract Documents.
Pursuant to and in compliance with the Notice to Contractors for the Project, and other documents relating thereto,
the undersigned has carefully examined all of the bid and contract documents, considered conditions which may
affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials
and perform all work as required in strict accordance with the contract documents, for the referenced bid amount,
inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by
law.
NON -COLLUSION AFFIDAVIT
By signing this quote, the undersigned acknowledges that the person(s), firm, association, or corporation has
(have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint of free competitive bidding in connection with this project.
To report rigging activities, call 1-800-424-9071. The U.S. Department of Transportation (USDOT) operates the
toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible
bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The
hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and
abuse and is operated under the direction of the USDOT Inspector General. All information will be treated
confidentially and caller anonymity will be respected.
CONFLICTS OF INTEREST GRATUITIES & NON-COMPETITIVE PRACTICES
By signing this quote, the undersigned agrees as follows:
(1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which
conflicts in any manner or degree with the work, services, equipment or materials required to be performed
and/or provided under this contract and that it shall not employ any person or agent having any such
interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires
such a conflict of interest, it shall immediately disclose such interest to the City and take action
immediately to eliminate the conflict or to withdraw from this contract, as the City may require; and
(2) That no person or selling agency except bona fide employees or designated agents or representatives of
the Contractor have been employed or retained to solicit or secure this contract with an agreement or
understanding that a commission, percentage, brokerage, or contingent fee would be paid; and
(3) That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor
or any of its agents, employees or representatives, to any official, member or employee of the City or
other governmental agency with a view toward securing this contract or securing favorable treatment with
respect to the awarding or amending, or the making of any determination with respect to the performance
of this contract.
AFFIDAVIT OF ELIGIBILITY
The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and
has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW
82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the
last one year, to have committed any combination of two of the following violations or infractions within a five year
period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under Chapter
18.27 RCW.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQI§4 2022-2025
CFW RFQ VERSION 2020-JUNE
CERTIFICATION OF LAWFUL EMPLOYMENT
The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now
or as herein after amended, 8 U.S.C. 1101 et. Seq., and that all employees, including subcontractor employees,
are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal
Way.
Receipt of the following Addendums is hereby acknowledged:
Addendum No. Date Issued:
Addendum No. Date Issued:
Addendum No. Date Issued:
The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all
bid documents on behalf of any partnership, joint venture or corporation.
By:
Signature
Printed Name
Title
CITY OF FEDERAL WAY Contracted Electrical Services
RFQt% 2022-2025
CFW RFQ VERSION 2020-JUNE
CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION
FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID QUOTE PACKAGE WILL MAKE THIS
BID NONRESPONSIVE AND INELIGIBLE FOR AWARD.
I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified
below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding
citation and notice of assessment issued by the Washington State Department of Labor and industries or through
a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW
49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the
Request for Bids.
Bidder Name:
Print Full Legal Name of Firm
Signature of Authorized Person
Title:
Title of Person Signing Certificate
Date:
Print Name of Person Making Certifications for Firm
Place:
Print City and State Where Signed
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-t% 2022-2025
CFW RFQ VERSION 2020-JUNE
THIS SMALL
20 and is
Owner"), and
SMALL PUBLIC WORKS CONTRACT
PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of ,
made by and between the City of Federal Way, a Washington municipal corporation ("City or
, a ("Contractor"), for the project known as
(the "Project").
A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform
work necessary to complete the Project; and
B. The Contractor has the requisite skill and experience to perform such work.
NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions:
1. SERVICES BY CONTRACTOR
1.1 Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other
items incidental thereto necessary for the completion of Projects issued via Task Orders. Contractor shall perform
the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance
with and as described in the Contract Documents, which Work shall be completed 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.
1.2 Scope of Work:
1.2.1. Electrical services shall include but not be limited to: repairs, maintenance, troubleshooting,
and replacement of fixtures, ballast, breakers, and other components. Your company must
be able to demonstrate knowledge and resources to perform repairs and bulb replacements
on lighting poles up to 100' on athletic turf fields.
1.2.2. Contractor and employees shall be trained and skilled to perform all related services, and
have experience with all types of electrical services and voltages.
1.2.3. Contractor will coordinate with designated City staff and obtain approval prior to using more
than one electrician on a job that normally could be performed by one journeyman electrician.
1.2.4. Contractor provided materials will be marked up at an agreed upon percentage rate above
wholesale. (see quote sheet)
1.2.5. Contractor must be able to respond to emergencies within [insert timeframe submitted on bid
documents here] of contact by the City as agreed in this contract, and respond in writing to
requests for services by the City within 24 hours. Upon identification of a project by the City,
the City and Contractor will negotiate scope, schedule, and budget for the specific project
which will be included in a "Task Order." The "Task Order" form is attached as "Exhibit A." At
the time the City contacts the contractor, with the City will specifywhether the request is for
emergency services or other services.
1.2.6. City reserves the right to solicit quotes on electrical repairs that may exceed $4000
1.2.7. Locations: All City of Federal Way facilities within the City limits.
1.2.8. Definitions
A. Owners Park Recreation & Cultural Services; City and/or City of Federal Way and their
authorized representatives shall be understood to mean one and the same.
B. Contract Administrator shall be the City of Federal Way Parks Maintenance Division duly
authorized representative.
C. Approved means approved by the Owner.
D. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal
to or better than the required materials or methods.
E. As shown shall mean as shown on the contract drawings, maps or details.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-tl7 2022-2025
CFW RFQ VERSION 2020-JUNE
F. Specifications shall mean these specifications, the Specifications and all addenda
thereto.
1.2.9. Contractor will furnish all labor, tools, specialized equipment, and materials.
1.2.10. Contractor will dispose of all waste materials properly.
1.2.11. All fieldwork shall be performed by or under the supervision of a qualified journey electrician.
1.2.12. Contractor will ensure that employees comply with all applicable City of Federal Way and
Washington State regulations and practices with respect to work performed for the City of
Federal Way.
1.2.13. Contractor's personnel will conduct themselves on site in a professional manner at all times
and be identifiable with company name/logo on uniform and vehicle.
1.2.14. The Contract Administrator or appointed designee will inspect work performed by the
Contractor on a regular basis. In the event of work performance deficiencies, the Contract
Administrator will notify the Contractor. Notification may be verbal or written. The City may
choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment.
1.2.15. Equipment intensive work shall not commence before 7:00 a.m. and end by 8:00 p.m. on
weekdays, (weekend work not allowed without prior approval) and,special considerations and
arrangements may be required at the Dumas Bay Centre.
1.2.16. Report any damage, or potential hazard, involving City property immediately to the City of
Federal Way Parks Department, (253) 835-2700. After hours emergencies should be
reported to the Police/Fire Communications Center - 911.
1.2.17. Hazardous conditions shall be immediately remedied or secured to prevent further damage
and/or protect public from injury.
1.2.18. Incidents, altercations, or accident involving the public shall be reported to the Contract
Administrator within 24 hours. The Contract Administrator, at his or her discretion, may
require a written report from the Contractor describing the incident or accident.
1.2.19. The Contractor, at his or her expense, will remedy any damage to City structures or plant
material due to Contractor negligence in a timely manner.
2. TERM
2.1 This Contract shall commence on the effective date of this Contract and continue until December 31,
20225 unless mutually extended for one year through contract change order.
2.2 The Contractor must complete the Work in accordance with the number of Working Days for the
Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the
Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed
within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in
the amount set forth in the Contract Documents. The panties acknowledge that delays inconvenience the public
and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of
the Project and diverting City resources from other projects and obligations.
2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the
Engineer in accordance with the Contract Documents. Any request for a time extension or additional
compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be
made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-g� 2022-2025
CFW RFQ VERSION 2020-JUNE
the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages,
or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to
such request.
3. COMPENSATION
3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an
amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($ 350,000.00), which amount shall
constitute full and complete payment by the City ("Total Compensation"). 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 Contract.
3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Task
Orders issued for each scope of work specified in each associated Task Order and consistent with the unit prices
specified in the Bid Quote and as detailed in the Contract Documents, The Bid Quote is incorporated herein and
made a part hereof by this reference. The City shall have the right to withhold payment to the Contractor for any
of the Work not completed in a satisfactory manner, in the City's sole and absolute discretion, which shall be
withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City.
Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to
controlling laws. Annual increases in Bid Quote prices may be negotiated and executed via change order to
accommodate material cost increases, union labor contract increases, use of subcontractors in -lieu of in-house
staff. Contract increases shall be consistent with the Puget Sound Cost Price Index on June 30 for the previous
year. Contractor shall provide all back-up documentation to support annual cost increase requests.
3.3 Payment by the City for the services will be made only 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 charges for Work performed consistent with the Bid Quote amounts. Payment shall be made on
a monthly basis, thirty (30) days after receipt of such billing statement.
3.4 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain
Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time
incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event,
occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or
related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in
Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the
work is performed and kept separate so as to distinguish it from Contract Work.
4. INDEPENDENT CONTRACTOR
4.1 It is the intention and understanding of the Parties that the Contractor shall be an independent
contractor and that 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 which may arise as an incident of
employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. The
Contractor shall pay all income and other taxes due. 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. It is recognized that Contractor may
or will be performing professional services during the Term for other parties; provided, however, that 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. Nothing contained in this Contract
shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party
against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers,
or consultants.
4.2 If the Contractor is a sole proprietorship or if this is a contract 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.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-t:� 2022-2025
CFW RFQ VERSION 2020-JUNE
5. INDEMNIFICATION
5.1 Contractor Indemnification.
5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees,
agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and
pay and damages or judgments, related to any claim brought by any person employed in any capacity by the
Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages,
salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement,
vacation, sick leave, etc.
5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold
harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs,
damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney
and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising
from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract
or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the
Work and any injuries to persons or property arising out of the performance of this Contract are caused by or
result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for
whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this
Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees,
and anyone for whom they are legally liable.
5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own
employees or former employees against any Indemnified Party, and for that purpose Contractor waives any
immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW.
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. Provided, however, the Contractor's waiver of immunity by the
provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not
include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor
recognizes that this waiver was specifically entered into.
5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by
Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for
additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or
arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants
that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract
Documents and assumes all risk thereof.
5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract
with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any
applicable statute of repose with respect to claims, fines, costs or damages brought or made against any
Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or
remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract.
5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City
may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any
other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the
City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate
assurance of the protection of the City's and the other Indemnified Parties interests.
5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor
to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the
same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5.
6. OWNERSHI.P OF DOCUMENTS
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-y, 2022-2025
CFW RFQ VERSION 2020-JUNE
All originals and copies of work product, including plans, sketches, layouts, designs, design specifications,
records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be
produced or modified by Contractor while performing the Work, whether or not required to be furnished to the City,
shall become the property of the City, shall be delivered to the City at its request, and may be used by the City
without restriction.
7. PATENTS COPYRIGHTS, AND RIGHTS IN DATA
7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by
and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible,
determine that it is in the pub►ic interest that it not be so owned or available.
7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified
to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is
hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state
or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and
deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the
City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated
in Sections 6 and 7.
7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents
exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case
of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement
on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior
to printing.
7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are
included in each subcontract for the work on the Project.
8. GENERAL PROVISIONS
8.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to
any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any
such matters shall be effective for any purpose. In entering into this Contract, neither party has relied upon any
statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except
for those expressly contained in the Contract Documents.
8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the
Notice to Contractors, the Instructions to Bidders and Checklists, the Contractor's Quote (including all forms and
supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans,
Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract
Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the
Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any
other documents provided to bidders and/or referenced in or referred to by the Contract Documents.
8.3 Modification. No provisions of this Contract, including this provision, may be amended or added to,
except by agreement in writing signed by the Parties or their respective successors in interest in accordance with
the Contract Documents.
8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue
a Change Order at any time making changes within the general scope of the Contract, without invalidating the
Contract and without providing notice to sureties. The City's issuance of a unilateral Change Order shall not be
construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for
change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the
Contract Documents, or to void the uni►ateral Change Order due to unilateral mistake, misrepresentation, or fraud.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-1A 2022-2025
CFW RFQ VERSION 2020-JUNE
8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method
be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision,
any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid
or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be
considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be
entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest
or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing
notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment
is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims
consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special,
consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or
suppliers.
8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the
Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee
or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties.
If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such
manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of
defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting
loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor
such guarantee or warranty. This obligation survives termination of this Contract.
8.7 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in
no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full.force
and effect.
8.8 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations
and rights hereunder without the prior written consent of the City. In the event the City consents to any such
assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities
under this Contract.
8.9 Successors In Interest. Subject to the preceding Subsection,. this Contract shall be binding upon and
inure to the benefit of the Parties' successors in interest, heirs and assigns.
8.10 Time Limitation and Venue. For the convenience of the parties to the Contract it is mutually agreed
by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from
the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial
Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and
(ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of
action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim,
cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive
jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor's
failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action.
It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor
asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall
permit the City to .have timely access to any records deemed necessary by the City to assist in evaluating the
claims, action, or dispute.
8.11 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof,
or delay in taking any action in connection with, 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.
8.12 Sole Authority/Discretion/Judgment. Where the Contract Documents provide the City or its Engineer
with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered
unconditional and absolute.
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8.13 Governing Law. This Contract shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington.
8.14 Authority. Each individual executing this Contract on behalf of the City and Contractor represents
and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the
Contractor or City.
8.15 City's Representative. The City's Representative directly supervises the administration of this
Contract. The City Representative's authorities, duties, and responsibilities are limited to those specifically
identified in the Contract Documents. Designation of an individual or entity as the City's Representative for the
Project is solely to identify the representative of the City as described in the Contract Documents.
The City Representative for this Project is designated as: Derreck Presnell
8.16 Notices. Any notices required to be given to Contractor or to the Engineer shall be delivered to the
Parties at the addresses set forth below. 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 herein. Any notice so
posted in the United States mail shall be deemed received three (3) days after the date of mailing.
CONTRACTOR: [Company Name]
Attn: Individual to receive notices
Street Address
City, State, Zip
CITY REPRESENTATIVE: City of Federal Way
Attn: Derreck Presnell
33325 8th Ave S
Federal Way, WA 98003
8.17 Captions. The respective captions of the Sections of this Contract are inserted for convenience of
reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this
Contract.
8.18 Performance. Time is of the essence of this Contract and each and all of its provisions in which
performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this
Contract.
8.19 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended,
occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and
void, at the City's option.
9. PERFORMANCE/PAYMENT BOND
Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned
upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations; (ii) the
payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with
provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties
incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW
60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities,
increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of
the bond.
Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract is less
than One Hundred Fifty Thousand Dollars ($150,000.00), the City may, in lieu of a bond, retain ten percent
(10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and Industries and
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settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The Contractor must notify the City in
writing if it elects to take this alternative.
DATED the day and year set forth above.
CITY OF FEDERAL WAY:
Jim Ferrell, Mayor
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
NOTARY OF CONTRACTOR'S SIGNATURE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
CONTRACTOR:
Signature of Authorized Individual
Printed Name of Authorized Individual
Street Address
City, State, Zip
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
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
On this day personally appeared before me, ; to me known to be
the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they
executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN my hand and official seal this day of 20_
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(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
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EXHIBIT A = SAMPLE TASK ORDER
CITY OF A
Federal Way
Contract Name:
Contract Number:
TASK ORDER No.
TASK ORDER Name:
Date:
Description of work:
Estimated Costs:
Contract Value:
Total Task Costs To
Date:
This Task Order Estimate
Cost:
Contract Remaining:
Task Order Summary
Task
Order No.
Task Order Name:
Amount
S
S
S
S
S
Total Contracted to date
S
Agreed Upon:
[Contractor's Name]:
By:
Name: Date:
City of Federal Way:
Task Manager:-..._
Name:
Contract Manager:__
Name:
Date:
Date:
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SAMPLE CONTRACT CHANGE ORDER
PROJECT NUMBER AGREEMENT NUMBER CHANGE ORDER NUMBER
PROJECT TITLE
SUMMARY OF PROPOSED CHANGES:
This Change Order covers the work changes summarized below:
The time provided for completion in the Contract is
EFFECTIVE DATE
CONTRACTOR
❑ Unchanged
❑ Increased by _ Working Day(s)
❑ Decreased by_ Working Day(s)
This Document shall become an Amendment to the Contract and all provisions of the Contract not amended
herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No
If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No
MODIFICATIONS TO UNIT PRICES:
PREVIOUS REVISED
ITEM NO. ITEM QTY UNIT PRICE UNIT PRICE ADD OR DELETE
THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE:
ITEM NO. ITEM QTY UNIT PRICE ADD OR DELETE
TOTAL NET CONTRACT:
DEPARTMENT RECAP TO DATE:
ORIGINAL CONTRACT AMOUNT
PREVIOUS CHANGE ORDERS
THIS CHANGE ORDER
NEW CONTRACT AMOUNT
INCREASE $
DECREASE $
STATEMENT:
Payment for the above. work will be in accordance with applicable portions of the standard specifications, and with
the understanding that all materials, workmanship and measurements shall be in accordance with the provisions
of the standard specifications, the contract plans, and the special provisions governing the types of construction.
The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the
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Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to
Change Order except as specifically described in this Change Order,
CONTRACTOR'S SIGNATURE
PUBLIC WORKS DIRECTOR
CITY OF FEDERAL WAY
DATE
DATE
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CERTIFICATE OF INSURANCE
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PERFORMANCE AND PAYMENT BOND
CONTRACTED ELECTRICAL SERVICES
The City of Federal Way ("City") has awarded to ("Principal"), a contract
for the construction of the above referenced project, and said Principal is required to furnish a bond for
performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of
Washington (RCW) and (where applicable) Chapter 60.28 RCW.
The Principal, and ("Surety"), a corporation organized under the laws of the State
of and licensed to do business in the State of Washington as surety and named
in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the
Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of
Federal Way, in the sum of US Dollars
($ ) Total Contract Amount, subject to the provisions herein.
This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,
or assigns shall:
1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and
conditions of all duly authorized modifications, additions, and changes to said Contract that may
hereafter be made, at the time and in the manner therein specified; and if such performance
obligations have not been fulfilled, this bond shall remain in force and effect; and
2) Pay all perSOf1S In aGCCj(ddnGE' with c..fiaptu'rS 39.00, 39. ice, and 60.2-0r-o—vv iioCiuuuly an 'vvvr'erS,
laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such
contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes
incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under
Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full
force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the
Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall
in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or
addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes
to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall
automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such
increased obligation.
This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed,
original power of attorney for the office executing on behalf of the surety.
PRINCIPAL: SURETY:
Principal Signature
Printed Name
Title
Date Surety Signature
Printed Name
Title
Date
CITY OF FEDERAL WAY Contracted Electrical Services
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BOND NO.:
APPROVED AS TO FORM:
CITY OF FEDERAL WAY
LOCAL OFFICE/AGENT OF SURETY:
Name
Street Address
City, State, Zip
Telephone
J. Ryan Call, City Attorney
Contracted Electrical Services
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CONTRACTOR'S RETAINAGE OPTION
IDENTIFICATION AND DESCRIPTION
Project Title:
RFB No:
Contractor:
GENERAL REQUIREMENTS
1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the
moneys earned by the contractor will be reserved by the City unless the Contractor elects that the City
may retain 10% of the contract amount in lieu of a performance and payment bond pursuant to RCW
39.08.010.
2. All investments selected are subject to City approval.
3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes.
CONTRACTOR'S INSTRUCTIONS
Pursuant to RCW 60.28.011, 1 hereby notify the City of Federal Way of my instructions for the retainage withheld
under the terms of this contract:
rl O 4: t. ine fun,' h '-he City of Federal W No i trarest will ho -ail t tho contractor.
c.i vFstI Ea IX L i��cd in 8 �ui�u vy ui',ILy vi i cdcrai vvay. � U In _ rest YIII . - t LO Cvaa uv O .
® Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or savings and
loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a
separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The
City will provide the agreement to the Contractor if this option is selected.
13 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow
account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement"
upon contract award. The City will provide the agreement to the Contractor if this option is selected.
All investments are subject to City approval. The cost of the investment program, and risk thereof, is
to be borne entirely by the contractor.
® Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these
Contract Documents.
Contractor Signature Date
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RETAINAGE BOND TO CITY OF FEDERAL WAY
CONTRACTED ELECTRICAL SERVICES
KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned,
as principal ("Principal'), and
a Corporation organized and existing under the laws of the State of
as a surety Corporation, and qualified under the laws of the State of Washington to become
surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety"), are jointly and severally held
and firmly bonded to the City of Federal Way ("City") in the penal sum of:
($ ) for the payment of which sum we bind
ourselves and our successors, heirs, administrators or personal representatives, as the case may be.
A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances,
regulations, standards and policies of the City, as now existing or hereafter amended or adopted.
B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the
Principal, providing for the above -referenced Project, which contract is incorporated herein by this reference
("Contract'), and
C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by
the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City
as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material men
who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such
person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State
with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person
performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said
monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within
the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter
be provided thereto; and
D. State law further provides that with the consent of the City, the Principal may submit a bond for all or
any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned
upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and
priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and
E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work
therein provided for in the manner and within the time set forth, for the amount of $
and
F. The City is prepared to.release any required retainage money previously paid by the Principal prior to
acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by
these presents,
NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and
within the time period prescribed by the City, or within such extensions of time as may be granted under the
Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who
shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if
the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such
Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and
remain in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall in.any way affect its obligation on this bond, and it does hereby waive notice of any
change, extension of time, alterations or additions to the terms of the Contract or to the Work.
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The Surety hereby agrees that modifications and changes may be made in the terms and provisions of
the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be
paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount,
such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without
consent of the Surety.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of
the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within
a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default,
including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete
or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its
intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it
has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an
amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then
upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return,
without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which
exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first
complete participation in mediation, described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration
of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute.
The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by
Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall
not interplead prior to completion of the mediation.
The parties have executed this instrument under their separate seals this day of
, 20_, the name and corporate seal of each corporate party hereto affixed, and these
presents duly signed by its undersigned representatives pursuant to authority of its governing body.
CORPORATE SEAL:. PRINCIPAL:
CORPORATE SEAL:
By:
Title:
Address:
SURETY:
By:
Attorney -in -Fact
(Attach Power of Attorney)
Title:
Address:
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CERTIFICATES AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that
who signed the said bond on behalf of the Principal, was
of said Corporation; that I know his or her signature thereto is genuine, and that
said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing
body.
Secretary of Principal
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that
who signed the said bond on behalf of the Surety, was
of the said Corporation; that I know his or her signature thereto is genuine, and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Secretary of Surety
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
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