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PRHSPSC PKT 06-08-2010 City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee June 8, 2010 City Hall 5:30 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Topic Title /Description Presenter Page or Info Date A. Approval of Minutes: May 3, 2010 3 Action N/A B. City of Federal Way Emergency Gross Action Consent Preparedness Assistance Grant (EPAG) 5 6/15/10 Award C. Interlocal Agreement for Federal Way Nelson Action Consent School District & Federal Way Community 7 6/15/10 Center for 2010 -2011 School Year D. Community Development Block Grant Hynden. Action Consent (CDBG) Public Service Awards 19 6/15/10 Acceptance of WTSC Grant to Purchase Hwang Action Consent E. Eight hand -held Laser /Radar Devices 25 6/15/10 Interagency Agreement between WSP and Hwang. Action Consent F. Federal Way Police Department 27 6/15/10 Gateway Center Complimentary Office Hwang Action Consent G. Space for the Special Operations Unit 37 6/15/10 H. Application for Ballistic Vest Partnership Hwang Action Consent (BVP) Grant 39 6/15/10 I. King County AFIS - Fingerprint Technician Hwang Information N/A Pilot 43 Ordinance J. Traffic Code Update — Inattentive Driving Pearsall 45 Action First Reading 6/15/10 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, July 13, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant II Mike Park __ I City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, May 3, 2010 6:15 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge and Committee member Michael Park Committee Members Excused: Council member Freeman Staff Members in Attendance: Brian Wilson, City Manager /Police Chief, Amy Jo Pearsall, City Attorney, Director of Parks, Public Works & Emergency Management Cary Roe, Parks & Facilities Manager Steve [kerd, Recreation Supervisor John Hutton, Commander Christ Norman, Commander Stan McCall, and Mary Jaenicke, Administrative Assistant II. Chair Burbidge called the meeting to order at 6 :18p.m. Public Comment: None Commission Comments: None APPROVAL OF SUMMARY Council member Park moved to approve the April meeting summary. Council member Burbidge seconded. Motion passed. BUSINESS ITEMS DSHS Interlocal Agreement for Respite Care — Recreation Services Recreation Supervisor John Hutton provided the background information. This Interlocal Agreement will provide respite care to persons providing care for developmentally disabled individuals. The programming includes day trips, classes, and social clubs. Approximately 20 people are approved for these services at this time. Council member Park moved to approve the City Manager /Police Chief to enter into an Interlocal Agreement with DSHS Department of Developmental Disabilities to provide respite care opportunities through recreation services to individuals with disabilities. Chair Burbidge seconded. Motion passed. First Amendment for Landscape Services at Federal Way Community Center Parks & Facilities Manager Ikerd presented the background information. Green Effects maintains the grounds at the Federal Way Community Center. Staff is requesting an extension for two years at a cost of S18,660.42 per year. There is a slight reduction in costs because the warranty period has ended on streetscape, and Public Works assumed responsibility for the trees and the niow strip. Council member Park moved to approve the First Amendment with Green Effects for $37,320.84, effective May 1, 2010 through April 30, 2012 with a total contract compensation of $92,285.06 and forward to full Council on consent agenda May 18, 2010 for approval. Council member Burbidge seconded. Motion passed. Rush Commercial Construction, Inc. Retainage Release Parks & Facilities Manager Ikerd presented the background information. Rush Commercial constructed the cafe at the Federal Way Community Center. The original contract was S54,047.23. There was one change ordt'r ii! the amount of S1,163.44. The total amount of the contract including tax was $60,455.60_ Amount of retain.u_e to be released is $2,760.53. Committee would like an update on how the cafe business is doing - Mr. Roe stated that they would return after the cafe has been in operation for a year. Council member Park moved to accept the contract as complete and authorize staff to release retainage in the amount of $2,760.53 to Rush Commercial Construction, Inc. Council member Burbidge seconded. Motion passed. 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday May 3, 2010 Summary Page 2 Proposed Ordinance Amending Title 9, "Animals" City Attorney Pearsall presented the background information. This proposed Ordinance would re- organize and adjust Title 9 of our City code to allow for transition of animal services from King County to the City of Federal Way. The contract with King County has been terminated effective June 30, 2010. Ms. Pearsall reviewed some of the changes. Those changes include consolidation of chapters, Animal Control has been changed to Animal Services, the Director has been re- defined to be the Chief of Police, the authority has been updated to the Police Departments Animal Services unit, and the definition of an adult cat has been changed from 6 months to 21 weeks. All references to the County were also removed. A more substantive change was streamlining the process for obtaining pet licenses. The licensing requirements will also include pet daycares. A discussion was held on the term of cat and dog licenses. Originally licenses were going to be valid from January to January, but after a lot of discussion, it was decided that the licenses will be valid for a term of one year from the date of issuance. The city will be able to start collecting license fees in July. Seattle -King County Department of Public Health has taken over issuing permits to kennels, pet shops, pet day cares, and shelters, and permits will need to be obtained from them. Ms. Pearsall stated that no substantive changes were made to Title 9; the goal was to facilitate the transition of services. Council member Park stated that citizens have been concerned about the City using the Tacoma shelter; he would like to know if we are addressing this issue. City Manager /Police Chief Wilson stated that the City is very confident in the Tacoma shelter, and the services that they provide, and that he is concerned about the services that are provided in King County. City Manager /Police Chief Wilson also stated that they are listening to the citizens concerns and are responding back to them. Council member Park stated that we need to let the citizens know that we are going to maintain a quality level of service. Commander McAllister stated that they are going to start an education program in mid -June that will run until July 1. Council member Burbidge reviewed suggestions that were given to her from Council member Dovey. Additional changes to FWRC 9.09.010 and FWRC 9.18.100 are 1) add the definition of "altered" to make it clear that "altered, `spayed" and neutered are used interchangeably, 2) include permanently disabled as eligible for special permanent licenses, 3) clarify that no new license is needed prior to expiration, 4) remove `temporarily' and replace with less than six months, 5) add pet daycare to list of exceptions, 6) renumber (a) -(m). Council member Park moved to approve the proposed ordinance as amended Title 9, "Animals," to the May 18` City Council meeting for First Reading. Other Items None NEXT MEETING June 8, 2010 5:30 p.m. in the Hylebos Conference Rooni ADJOURNMENT Meeting adjourned at 6:49 p.m. 4 5 COUNCIL MEETING DATE: June X 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: City of Federal Way Emergency Preparedness Assistance Grant (EPAG) Award POLICY QUESTION: Should Council authorize staff to award funding via.the City Of Federal Way Emergency Preparedness Assistance Grant to qualifying projects? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 8, 2010 Committee (PRHSPS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing n City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Mann _ement Coordinator a DEPT: Public Works Attachments: Parks, Recreation, Human Services and Public Safety Committee memorandum dated June 8, 2010. Options Considered 1. Authorize staff to award funding via the City Of Federal Way Emergency Preparedness Assistance Grant to qualifying projects. 2. Do not authorize staff to award funding via the City Of Federal Way Emergency Preparedness Assistance Grant to qualifying projects and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the June 15, 2010 City Council Consent Agenda for approval. y� CITY MANAGER APPROVAL: fs t, Sf.'i /iot, DIRECTOR APPROVAL: �' ?� " \ Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee recommends Option 1 be forwarded to the June 15, 2010 City Council Consent Agenda for approval. Jeanne Burbidge, Chair Mike Park, Member Roger Freeman, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award funding via the City Of Federal Way Emergency Preparedness Assistance Grant to qualifying projects." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # _- REVISED — 02/06/2006 RESOLUTION # 5 CITY OF FEDERAL WAY MEMORANDUM DATE: June 8 2010 TO: Parks, Recreation, Human Services, and Public Safety Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Ray Gross, Emergency Management Coordinator SUBJECT: City of Federal Way Emergency Preparedness Assistance Grant (EPAG) Award BACKGROUND: In 2008 the City of Federal Way Council approved $100,000 in City funds to assist local organizations in better preparing their facilities and staffs for emergencies or disasters. The grant evaluates three areas when considering eligible projects. Those areas are: emergency power for possible shelter facilities, emergency communication projects, and general preparedness activities (e.g. emergency preparedness fairs). During the first grant cycle, $41,649 was awarded to eligible projects by Saint Vincent De Paul, the Multi - Service Center, and the Federal Way Amateur Radio Club. City Council approved remaining funds ($58,351) to be used to extend the grant program for another cycle. The following projects have been determined eligible projects by a review panel: • The Federal Way Amateur Radio Club — project cost $13,900. Project consist of building three self contained portable emergency radio communication stations which would be deployed to emergency points of distribution sites and emergency shelter sites in times of disaster. • The Multi - Service Center — project cost $4,740. Project consists of development and equipping an emergency communications team. • The Twin Lakes Home Owners Association — project cost $9,000. Project consists of conducting an emergency preparedness fair for members of the Twin Lakes Home Owners Association, providing basic emergency supplies. Staff supports the above projects for funding via the Emergency Preparedness Assistance Grant and believe that these projects will continue to help enhance the overall community preparedness efforts for response to times of emergency. cc: Project File Day File 6 COUNCIL MEETING DATE: June 15, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT FOR FEDERAL WAY SCHOOL DISTRICT NO. 210 AND FEDERAL WAY CONIMUNITY CENTER FOR 2010 -2011 SCHOOL YEAR POLICY QUESTION: Should the city enter into an Interlocal Agreement with the Federal Way School District No. 210 for the 2010 -2011 school year, for the purpose of providing Community Center aquatics and recreation services for individuals with disabilities as well as the Federal Way High School Swim Teams? COMMITTEE: PRHSPS MEETING DATE: June 8, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Doug Nelson, Recreation Supervisor DEPT: PRCS Attachments: Memorandum Interlocal Agreement Options Considered: 1) Authorize the City Manager /Police Chief to enter into an Interlocal Agreement with Federal Way School District No. 210 for the 2010 -2011 school yea, for the purpose of providing Community Center aquatics and recreation services for individuals with disabilities as well as the Federal Way High School Swim Teams. 2) Decline the authorization of the City Manager /Police Chief to enter into an Interlocal Agreement with Federal Way School District No. 210, and provide staff with further direction. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: ,i l„ �hk., Sfa4 , DIRECTOR APPROVAL: MIA Committee Council Committee Council COMMITTEE RECOMMENDATION: OPTION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to authorize the City Manager /Police Chief to enter into an Interlocal Agreement with Federal Way School District No. 210 for the 2010 -2011 school year, for the purpose of providing Community Center aquatics and recreation services for individuals with disabilities as well as the Federal Way High School Swim Teams. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 0 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/062006 RESOLUTION # 7 CITY OF' FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: May 25, 2010 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Doug Nelson, Community Center Supervisor Via: Brian Wilson, City Manager/Police Chief CC: Cary Roe, of Director, Parks, Public Works & Emergency Management Subject: Federal Way Public School District Interlocal Agreement Policy Question Should the City enter into an Interlocal Agreement with the Federal Way Public School District, No. 210 for the 2010 -2011 school year for the purpose of providing Community Center aquatics and recreation services for individuals with disabilities as well as the Federal Way High School Swim Teams? Background When the City of Federal Way assumed operations of the Kenneth Jones Pool in June of 2003, one of the existing programs at the facility were those being conducted by the Federal Way Public School District, which included Adapted PE Swimming and High School Swim Teams. An Interlocal Agreement was developed to clearly communicate the responsibilities of the City and the School District in regards to; fees, supervision, liability, scheduling and payment. When the Federal Way Community Center was constructed, it was recommended by Council, that all existing programs at the Kenneth Jones Pool be allowed to continue to be offered at the new facility. Currently the existing Interlocal agreement has not been amended to reflect the change of venue for the School District Programs. The Community Center is accommodated in the form of hourly rental fees and staffing costs, paid for by the Federal Way School District. Options 1. Authorize the City Manager to enter into an Interlocal Agreement with the Federal Way Public School District to offer aquatics and recreation services for individuals with disabilities and the Federal Way High School Swim Teams. 2. Decline the authorization for the City to enter into an Interlocal Agreement with Federal Way Public School District. 8 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR USE OF CITY OF FEDERAL WAY COMMUNITY CENTER This Agreement is made and entered into this day of 2010, between the City of Federal Way, a Washington municipal corporation ( "City "), and the Federal Way School. District No. 210 ( "School District" or "District ") for the use of the Federal Way Community Center ( "Community Center "), including pools, locker rooms, and other facilities located at the Community Center. The City and the School. District collectively shall be referred to as "the Parties." WHEREAS Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes the City and the School District to enter into interlocal agreements for joint or cooperative action; WHEREAS the City built the Federal Way Community Center in 2007, and operates it as a community center serving Federal Way residents; WHEREAS the School District desires to use the Community Center for programmatic needs, for competitive swimming team practices and competitive swimming events; WHEREAS the City Council has approved the School District's use of the Community Center for this purpose so long as it does not prevent use by residents of Federal Way; NOW, THEREFORE, the Parties agree to the following terms and conditions: I. PURPOSE The parties desire to cooperate to allow the School District to use the City's Community Center for programmatic needs, competitive swimming team practices and for competitive swimming events without precluding the public's use of the facility as a community center. II. TERM The duration of this Agreement shall be for an initial period from to June 30, 2011. Thereafter, this Agreement shall automatically renew year to year unless terminated pursuant to Section IV hereof III. SCHOOL DISTRICT RESPONSIBILITIES 3.1 Scope of Use. Subject to the terms of this Agreement, the District may use the Facility for programmatic needs, competitive swim team practices and competitive swimming events including diving, and swim teams. 3.2 Hours of Use. The School District, in conjunction with the City Community Center 1 9 Supervisor or his or her designee, will determine the School District's hours of Community Center use. The City Community Center Supervisor or his or her designee will distribute the resulting schedule every month before the first of the month, reserving the School Districts' chosen schedule unless otherwise agreed upon by the Parties. 3.3 Off - Times. If the School District wants to use the facility at a time when it is not normally open or staffed, the School District agrees to pay all expenses associated with operating the facility at that time. 3.4 Rates. The School District shall pay the City the rates established for use of the Pool(s), Pool staff and other facilities located at the Community Center as set forth in Exhibit A, attached hereto and incorporated by this reference. 3.5 Equipment. Equipment necessary for the District's program(s) allowed under this Agreement shall be provided by the District except when the City, by separate written • agreement, provides equipment for use in the District's program(s). 3.6 Invoice. The School District agrees to pay each monthly invoice, including disputed charges, in full within 30 days of the billing date. Credit will be given for adjustments made after bill due date. Failure to pay account balance in full, including disputed charges, within 30 days of billing date may result in interest charges on unpaid account balance and termination of pool use. IV. TERMINATION 4.1 Just Cause. The District or City may terminate this Agreement for "just cause" provided that it has provided thirty (30) days prior written notice to the other party. "Just Cause" shall mean the party's failure to perform its obligations under this Agreement following notice from the other party of such failure and after an opportunity to cure or satisfy such obligations. 4.2 Fees. Pool Use Fees for the time reserved will be charged if less than 30 days notice of cancellation of use is given. V. INSURANCE 5.1 Amount. It is hereby understood and agreed that each party to this Agreement shall obtain and maintain public liability insurance in an amount not less than FIVE MILLION AND NO /100 DOLLARS (5,000,000) single limit liability. The policy shall include but not be limited to (1) Coverage for premises and operations; (2) Contractual liability (including specifically liability assumed herein); and (3) Employers Liability or "Stop - Gap "coverage. By requiring such liability coverage, the 2 10 City shall not be deemed to, or construed to, have assessed the risks that may be applicable to the District in this Agreement. The District shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits or broader coverage than is herein specified. 5:2 Evidence of Coverage. Each party shall provide the other Party with proof of public liability insurance in the form of either an evidence of coverage letter or a certificate of insurance naming the other Party as an additional insured and showing proof of the required insurance coverage. Insurance coverage shall be maintained at all times during the duration and/or performance of this Agreement. Before signing this Agreement, and at the City's request thereafter, the District shall furnish for the City copies of all insurance policies and evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Termofthis Agreement, except after thirty (30) days prior written notice to the City. The District's failure to maintain such insurance shall be grounds for the City's immediate termination of this Agreement. 5.3 Damage to Facility. It is hereby understood that whenever either party to this agreement shall use, operate, occupy or have the care, custody or control of the Community Center, the party using the facility shall bear risk of loss or damage to the facility being used. 5.4 Coverage. Coverage shall not contain pool, diving board or fitness area exclusions. 5.5 Survival. The provisions of this Section shall survive the expiration or teiuunation of this Agreement with respect to any event occurring prior to such expiration or termination. VI. INDEMNIFICATION 6.1 Hold Hat niless. The District agrees to protect, defend, indemnify, and hold harmless the City of Federal Way, and its officers., officials, employees, and agents, from any and all claims, demands suits, penalties, loses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising from, resulting from, or connected with this Agreement to the extent caused solely by the negligent acts, errors or omissions of the District, its partners, shareholders, officers, employees, agents, and/or subcontractors, or by the District's breach of the Agreement. 6.2 District Obligations. Except for damages caused by the sole negligence of the City of Federal Way, the District's obligations under this section shall include, but not be limited to: 3 11 6.2.1 The duty to promptly accept tender of defense and provide defense to the City of Federal Way at the District's own expense; 6.2.2 Indemnification for such claims whether or not they arise from the sole negligence of the District, or the concurrent negligence of the District and the City of Federal Way or another party; 6.2.3 The duty to indemnify and defend the City of Federal Way from any claim, demand, and/or cause of action brought by or on behalf of any of the District's employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of the District's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, as respects City of Federal Way only, and only to the extent necessary to provide City of Federal Way with a full and complete indemnity and defense of claims made by the District's employees. The parties acknowledge that these provisions were mutually negotiated and agreed upon by them. 6.3 Recoverable Fees and Costs. In the event that the City of Federal Way incurs attorney fees and/or costs in the defense of claims for damages within the scope of this section, such fees and costs shall be recoverable from the District. In addition, City of Federal Way shall be entitled to recover from the District attorneys' fees and costs incurred to enforce the provisions of this Section VI. 6.4 Facility Maintenance. Notwithstanding the terms contained in this Section VI, and except for allegations of negligence involving warnings and/or failure to post signs for District programs, the City of Federal Way will defend and indemnify the District for allegations of improper maintenance of the City of Federal Way -owned facility (including chlorine levels) unless the District, its employees, or students cause such condition(s). 6.5 Survival_ The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VII. OTHER CONDITIONS 7.1 Safety -- Responsibility. The District is responsible for the participant's safety and their behavior during facility use. This responsibility includes time using any part of the facility before, during and after practices and competitive events. For each scheduled use, City of Federal Way will not provide any staff or supervisory services. Pool and Fitness Area safety and usage is the sole responsibility of the District. Notwithstanding the preceding, City of Federal Way retains discretion to provide staff upon the request of the District, in order to fulfill the requirements of 7.4. This staff will be charged at the rate for Staff Time provided for in III. 4 12 7.2 Safety Regulations -- State. Programs shall be conducted in conformance with all applicable safety regulations adopted by the State of Washington as now enacted or as hereinafter amended. 7.3 Safety Rules —City of Federal Way. City of Federal Way facility rules will be in effect during use. 7.4 Coaches and Lifeguards. All District participants must be under the control and observation of a certified Coach or Lifeguard when on the deck or in the water. 7.5 Certification. All Coaches and Lifeguards will have and maintain, for the duration of this Agreement, current certification in American Red Cross Lifeguard Training, First Aid and CPR/AED. Coaches may substitute Safety Training for Swim Coaches for Lifeguard Training. Diving coaches may substitute Safety Training for Diving Coaches for Lifeguard Training. Before pool use, Coaches and Lifeguards will present original certifications, and updates, to the Aquatic Coordinator for review, along with two (2) copies of these certifications. 7.6 Facility Damage. Any damage to the facility caused by District will be repaired at the City's discretion and billed to the District. 7.7 District Compliance. The District assumes full responsibility for ensuring compliance with Sections 111, V and VII and acknowledges that City of Federal Way is not responsible for ensuring compliance with these Sections. VIII. GENERAL. PROVISIONS 8.1 Administration and Notice. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be the City Manager or his or her designee, PO Box 9718, Federal Way, Washington 98063. The contract administrator on behalf of the District shall be the Superintendent or his or her designee, Federal Way Public Schools, Administrative Office, 31405 18th South, Federal Way, Washington 98003. 8.2 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 8.3 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 5 13 8.4 Full Force and Effect_ Any provision of this Agreement 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. 8.5 Assignment. Neither the City nor the District shall have the right to transferor assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 8.6 Attorney Fees. Except for the provision in Section 6.3 of this Agreement, in the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 8.7 No Waiver. Failure of either Party 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, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized ' hereunder either at law or in equity. Failure of either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. 8.8 Arbitration. Disagreements concerning the interpretation or application of the provisions of this Agreement are subject to arbitration provided that the City Manager, or his or her designee, and the District Superintendent, or his or her designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be borne equally by the City and by the District. The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. 6 14 8.9 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 8.10 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. 8.11 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. 8.12 Filing of Agreement. This Agreement shall be filed with the Secretary of the Board of Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Elections Division. 8.13 Notices. Any notices required to be given by the Parties shall be delivered to the Parties at the addresses set forth below IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. DATED the day and year set forth above. 7 15 CITY OF FEDERAL WAY By: Brian Wilson, City Manager /Police Chief PO Box 9718 Federal Way WA 98063 ATTEST: City Clerk, Carol McNeilly, APPROVED AS TO FORM: City Attorney, Patricia Richardson APPROVED AS TO FORM: FEDERAL WAY SCHOOL DISTRICT NO. 210 By: Attorney for the District Rob Neu Its Superintendent 31405 18th Ave. S. Federal Way, WA 98003 (253) 845 -2000 K:\FWCC Aquatics\ Administrative \FWSD1[LASchoolDistPooll0 8 16 EXHIBIT A POOL USAGE RATES AGREEMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR USE OF CITY OF FEDERAL WAY COMMUNITY CENTER The Federal Way School District No. 210 shall use the City of Federal Way Community Center according to the following rates currently adopted by the City of Federal Way Council: School District Pool Programming(per hour) $46.00 Part Time Staff Charge (per hour) $22.50 School District Competitive Pool Rate(per lane hour) $8.00 Minimum one hour rental unless the rental is scheduled prior to or after other pool uses. Rates are calculated to the half hour. Use requiring the Community Center to be open more than 15 minutes before or after normal operating hours or arranged period of use will be charged at the rate in effect for one hour of exclusive use of the and for one hour of staff time for each staff person present before or after normal operating hours. 9 17 18 COUNCIL MEETING DATE: June 15, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Community Development Block Grant (CDBG) Public Services Awards POLICY QUESTION: Should the Council revert to the approved contingency funding plan adopted in 2008 for the CDBG public services grants? COMMITTEE: PRHS &PS MEETING DATE: June 8, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 1 1 Resolution ❑ Other STAFF REPORT BY: Lynnette Hynden, Human Services Division Manager DEPT: CDS Department Attachments: • May 26, 2010, Memorandum to Council Committee • June 8, 2010, Draft Letter to Big Brothers Big Sisters Background: The Human Services Commission in 2008 reviewed funding applications and recommended funding Big Brothers Big Sisters in 2009/2010. The agency did not meet the program goals in 2009. Efforts to assist the agency in meeting their target goals was not successful as the agency's response was to reduce the number of potential Federal Way youth being served, rather than commit to their original application. Based on the agency's lack of commitment to perform the outcomes specified on the application, Federal Way youth will not be provided services at an acceptable level. The Commission is now recommending that Big Brothers Big Sisters program not be funded for 2010. The attached letter details efforts to work with the agency outlining efforts to mitigate this change in previously award agreement for Public Service funding. Because of the Human Services Commission's recommendation, staff revisited the Council approved contingency plan and proposes the following amended funding awards for the CDBG Public Service grants. Scenario A would continue to fund Big Brothers Big Sisters. Scenario B is the approved contingency plan where the dollars originally allotted to Big Brothers Big Sisters would be equally distributed among the other approved agencies. Agency Name Scenario A Scenario B Orion $15,000.00 $20,000.00 Institute for Family Development $15,225.00 $18,225.00 FW Senior Center $16,000.00 $17,983.00 HealthPoint $15,104.00 $15,399.00 Big Brothers Big Sisters $10,278.00 $0.00 Multi Service Center $10,000.00 $10,000.00 Total $81,607.00 $81,607.00 Options to Consider: Option A: Fund agencies pursuant to the CDBG Public Services approved contingency plan as identified in Scenario B, and in addition, formally notify Big Brothers Big Sisters of the City's intent not to execute a contract for CDBG Public Service Funding as outlined in the attached letter. Option B: Fund all approved agencies as outlined in Scenario A. Page 1 c�f� STAFF RECOMMENDATION: The Human Services Commission and staff recommends Option A, that formal notification via the attached letter be sent to Big Brothers Big Sisters alerting them that the City will not execute the 2010 contract for services. Second, that Scenario B is accepted as the alternative plan pursuant to the original contingency plan adopted by the Council in 2008. CITY MANAGER APPROVAL: S/ 37/4.1° ("1 DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: I move approval of option Jeanne Burbidge, Chair Roger Freeman, Member Michael Park, Member PROPOSED COUNCIL MOTION: "I move approval ofoption (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading Enactment ❑ TABLED/DEFERRED/NO ACTION reading O MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K. :CD Human Service,`. Agenda Bill - CDBG 1010 Public Service: Awards doe Page 2 2.0 C f 'Y oF F ederalWay . MEMORANDUM TO: Parks, Recreation, Human Services, and Public Safety Council Committee FROM: Lynnette Hynden, Human Services Division Manager, VIA: Brian Wilson, City Manager /Chief of Police Greg Fewins, Community Development Services Department Direct RE: Community Development Block Grant (CDBG) Public Services Funding Update DATE: May 26, 2010 BACKGROUND In July 2008, the Human Services Commission approved GDBG Public Services funding recommendations based on applications received. Those recommendations were moved forward on to the Council Committee and then final approval by Council completed the process before the end of the 2008 year. As you recall, the funding recommendations also set out a contingency plan. The contingency recommendations were also approved by the Council Committee and Council at the same time in 2008. The contingency plan was prepared should unforeseen circumstances occur between the application process and the execution of the contracts. In 2008, the contingency plan identified that any increased funding be awarded proportionally to remaining agencies with the exception of Multi Service Center (MSC). MSC was excluded from the contingency plan because it was the only agency funded at their upper limit request in 2008. PENDING ISSUES On March 15, 2010, the Human Services Commission was briefed on the performance issues surfacing with Big Brother Big Sister's Program compliance. The outcomes and performance expectation for the grant award was not being achieved and even through corrective action efforts were taken, the agency still is not performing as expected. Therefore, the HSC is now recommending that Big Brothers Big Sisters of Puget Sound (Federal Way Youth Mentoring) Program, who was originally awarded $10,278.00, be withdrawn from consideration and the funds be redistributed pursuant to the approved contingency plan. In short, the agency after submitting an application outlining their program and anticipated outcomes, which were considered by the commission in order to make the recommendation for funding, has now changed dramatically and the commission finds it unacceptable- The agency 21 engaged in a dialogue with staff in order to come to a mutual agreement on performance outcomes: however, an agreement was not reached and the program could not be delivered as outlined. Big Brothers Big Sisters have been verbally notified that based on the Human Services Commission recommendation, staff's next action is to bring the issue before the Council Committee and then the Council. The Human Services Commission is recommending to Council that the agency not be funded as originally recommended in 2008. The agency understands and has not asked for reconsideration. Based on the commission's recommendation not to fund Big Brothers Big Sisters, staff revisited the contingency plan and proposes the following amended funding awards for the CDBG Public Service grants. Scenario A would be if we continue to fund Big Brothers Big Sisters and Scenario B is equally distributing the funds among the other approved agencies. Agency Name Scenario A Scenario B Orion $15,000.00 $20,000.00 Institute for Family Development $15,225.00 $18,225.00 FW Senior Center $16,000.00 $17,983.00 HealthPoint $15,104.00 $15,399.00 Big Brothers Big Sisters $10,278.00 $0.00 Multi Service Center $10,000.00 $10,000.00 Total $81,607.00 $81,607.00 RECOMMENDATION The Human Services Commission and staffrecommends that formal written notification_be sent to Big Brothers Big Sisters alerting them that the city will not execute the contract for services as previously recommended. Second, that Scenario B is accepted as the alternative plan pursuant to the original contingency plan adopted by the Council in 2008. K ,CD Human tier: ia: CD E36 Public Service Memorandum MO DOC Page 2of2 22 ` CITY OF CITY HALL 33325 8th Avenue South .. Federal Way Mailing Address: PO Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7000 www.cityoffederalway.com June 8, 2010 Patrick D'Amelio Director of Program Performance Big Brothers Big Sisters of Puget Sound 1600 South Graham Street Seattle, WA 98108 • Re: Community Development Block Grant (CDBG) Monitoring of Big Brothers Big Sisters of Puget Sound (Federal Way Youth Mentoring) Program Dear Patrick D'Amelio: This letter is to inform you of the City of Federal Ways intent to discontinue funding for the Big Brothers Big Sisters of Puget Sound Federal Way Youth Mentoring Program N.02010 CDBG Public Service funds will be made available to this program :: On December 21, 2009, City staff met with your agency staf f to determine corrective actions needed to bring the performance of the program tt levels agreed under the 2009 contract for services, as performance was reported to be significantly die ,ow agreed upon levels in 2009. Your agency suggested a number of actions that City, staff agreed`ta On December 22,2009, City staff issued a letter to your Agency detailing a corrective action plan with due dates for reporting on progress of implementation of certain specific actions. On February 8, 2010, City staff issued a letter to your agency seeking a response to the items in the corrective action plan, as no action had yet been reported to the City and the due dates had passed. On February 9 201::0, Big Brothers Big Sisters issued a letter to the City that indicated that the program needed either additloual funding or reduced service levels. On March 1, 2010, Big Brothers ;Big Sisters provided some information on actions taken on the corrective action plan in an email. Big Bros Big Sisters program contact Jolynn Kenney stated that, "If funding per child was not increased BBBSPS would continue to support the children currently in our program through general operating dollars but we would not focus on making new matches specifically for Federal Way in 2010," indicating that your Agency would not be able to continue the program without changes in funding or performance levels. On March 15, 2010, the Federal Way Human Services Commission reviewed the status of the 2010 preliminary CDBG Public Services award for the Federal Way Mentoring Program and voted to 23 Patrick D Anielio Page 2 June 8. 2010 recommend to the City Council that the Citv finding of the program be discontinued in 2010, and have the Council take action to not enter into a contract for this service in 2010. The Council's action confirming this recommendation was taken on June 15, 2010. The rationale for this decision was that the Federal Way Mentoring Progr n, as pi uposed in the competitive application upon which the preliminary award s;basec did tot appear to the Human Services Commission to be able to effectively and responsib.l. continue mtv 2010. The Commission factored into consideration the low performance in 2000. the lack of.successful results from efforts to address that concern, and indications from your Agency t} at it would no€ b abut to n lake new matches in Federal Way without a change in the perforriianee goals or funding levels Your Agency's proposal of modifying the performance goals or funding arn@tt as a way to address the service delivery issue was considered by the Human Services Commission: The human Services Commission, however, did not approve that request. As a result of this decision, the City of Federal Way will not:be abi :to ,enter into a contract with Big Brothers Big Sisters for the Federal Way Mentoring Program to 201£1 Please be advised that the responsibilities of record keeping ati<d otherliii requirements specified in the 2009 and previous contracts ; will still apply tE your Agency; and as a past recipient of federal funds your agency is required to:; feet all applicable. state and federal requirements tied to the use of those funds. Please refer to the 2009 contract and all previous contracts`for a listing of these requirements. Please contact CDBG / HS Grant C ord nator Kolya McCleave at kolya .mccleave @cityoffederalway.com, or 254- 835 -2653, if you have any questions or!concerns. S incerely, Lynnette 5.lynden, Manager Hunian Services. Division c: Greg Fewins E)ite.ctuL, Comatunity 1 vet Men t Services Department Kolya McCk :L . .' `LJ1 ( t 1 I Grant orctiiiator Kathy Tremper, King E aunty K'CO Human Services Contract Cancellat i- 20- 2010.doe 24 COUNCIL MEETING DATE: June 15 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of grant funds from the Washington Traffic Safety Commission, (WTSC), to purchase eight hand -held Radar /Lidar speed - measuring devices. No replacement reserve money is currently collected for these equipment items. PO LICY QUESTION: Should the City of Federal Way /Police Department accept and use grant funds offered by the Washington Traffic Safety Commission, (WTSC), to purchase eight hand -held laser -radar units for the Police Traffic Section, to replace older devices in disrepair? The grant money is expected to be S14,323.03 COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Council Committee - (PRHS &PS) CATEGORY: ® Consent 1 I Ordinance 1 1 Public Hearing 1 City Council Business 1 1 Resolution 1 1 Other STAFF REPORT BY: CHRIS NORMAN, CO L IANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo Options Considered: 1. Purchase replacement laser /radar devices using available WTSC grant money. 2. Purchase replacement laser /radar devices using existing budgetary funds. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: 511 it _, DIRECTOR APPROVAL: u �q & 6 Committee Council nttee / Coc cil COMMITTEE RECOMMENDATION: PRPS recommends Option Cor unittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: - 1 move approval of the request by the Police Department to purchase eight replacement laser/radar devices for the Traffic Section and authorize City Illanager /Police Chief Brian Wilson to accept and use the available grant money" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED CT reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only ORDINANCE # REVISED — 02;06/2006 RESOLUTION # 25 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 8, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson Chief of Police /Interim City Manager FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Acceptance of WTSC Grant Money to Purchase Replacement Laser /Radar Devices. Background LIDAR -RADAR devices are a proven and effective tool for measuring speed in and around school zones and the roadways in Federal Way where customers and residents report speeding vehicles. The Washington Traffic Safety Commission (WTSC) has offered grant funding to purchase replacement LIDAR -RADAR devices for the Traffic Unit. This grant money is credited to FWPD by the Safety Commission as a direct result of our school zone enforcement efforts. The WTSC has awarded the Traffic Unit a total of $14,323.03 to purchase five (5) hand held LIDAR units, three (3) RADAR units and eight (8) LIDAR -RADAR holders for the police motorcycles. Proposal The Police Department is seeking council approval to purchase Live (5) hand held LIDAR units, three (3) RADAR units and eight (8) L[DAR -RADAR holders for the police motorcycles for a total cost of $14,323.03 inc. tax. Funding Source Washington Traffic Safety Commission grant funding. There is no replacement reserve funds collected for these devices. 1 26 COUNCIL MEETING DATE: June 15 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interagency Agreement between Washington State Patrol and Federal Way Police Department POLICY QUESTION: Should the Federal Way Police Department enter into this agreement with WSP to maximize the utilization of commercial vehicle, driver and cargo inspection resources, avoid duplication of effort and provide FWPD access to the Federal Motor Carrier Safety Administration's ASPEN software. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 8 20t0 Council Committee - (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance 1 1 Public Hearing U City Council Business ❑ Resolution I I Other STAFF REPORT BY: CHRIS NORMAN, COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo. 2. Interagency Agreement. Options Considered: 1. Accept the Interagency Agreement with WSP for Commercial Vehicle Inspections. 2. Do not accept. STAFF RECOMMENDATION: Staff recomrnends Option 1. / `�' S i is CITY MANAGER APPROVAL: 4�w ti(1 OPIRECTOR APPROVAL: Committee Council Cornrni e Cou 1 COMMITTEE RECOMMENDATION: PRHS &PS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move for approval of the Interagency Agreement between Washington State Patrol and Federal Way Police Department for Commercial Vehicle Inspections, effective with the date of the final signature on the Agreement for a period of five (S) years, and authorize City Manager / Police Chief Brian Wilson to sign such Agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BELL # ❑ DENIED 1 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06,2006 RESOLUTION # • 27 CITY OF FEDERAL WAY CITY COUNCIL STAFF REPORT • DATE: June 8, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Interagency Agreement between Washington State Patrol and Federal Way Police Department Background In January 2010, two Federal Way Police Officers graduated from the 3 -week Washington State Patrol Commercial Enforcement Academy. These officers have the required specialized training to have a significant impact upon commercial vehicle enforcement issues in our city. A vehicle designed and outfitted for commercial vehicle enforcement been approved and ordered with a delivery date in July, 2010. To fully implement effective and efficient enforcement, the Federal Way Police Department wishes to enter this interagency agreement with Washington State Patrol to maximize the utilization of commercial vehicle, driver and cargo inspection resources and to avoid duplication of effort. The agreement will expand the number of inspections performed in Federal Way, improve uniformity of inspections conducted by the respective agencies and minimize delays to the driver's and their cargo. This agreement will also provide FWPD with access to the Federal Motor Carrier Safety Administration's ASPEN software that allows uploads into the national management database. 1 28 WSP NO. C100628GSC INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE PATROL AND FEDERAL WAY POLICE DEPARTMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Washington State Patrol, ATTN: Commercial Vehicle Division, PO Box 42614, Olympia WA 98504 -2614, hereinafter referred to as WSP; and the Federal Way Police Department, PO Box 9718, Federal Way, WA 98063, hereinafter referred to as FWPD. The purpose of this Agreement is to maximize the effective utilization of commercial motor vehicle, driver and cargo inspection resources; to avoid duplication of effort and to expand the number of inspections performed; to advance uniformity of inspections; to minimize delays in schedules incurred by the commercial motor vehicle industry inherent to these types of enforcement activities; and to provide FWPD a means to use the Federal Motor Carrier Safety Administration's (FMCSA) ASPEN software to upload commercial vehicle inspection data into FMCSA's Motor Carrier Management Information System (MCMIS) via WSP's SAFETYNET. 1. Statement of Work. Both parties shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. FWPD shall use ASPEN to report commercial vehicle inspection data. For use of ASPEN both parties shall perform in accordance with Exhibit B, ASPEN Responsibilities. 2. Period of Performance. Subject to its other provisions, the period of performance of this Agreement shall start on the date of the final signature to this Agreement, and shall continue for a period of five (5) years unless terminated sooner as provided herein. 3. Command and Control of WSP Staff. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 4. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination Taws. Page 1 8 5. Records Maintenance. Both parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Both parties shall retain all books, records, documents, and other material relevant to this Agreement for six (6) years after expiration, and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. 6. Agreement Alterations and Amendments. This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 7. Agency Representatives. The following persons or their successors represent the parties in matters involving this Agreement: For WSP: For FWPD: Captain Darrin Grondel Chief A. Hwang Commercial Vehicle Division Federal Way Police Department PO Box 42614 PO Box 9718 Olympia WA 98504 -2614 Federal Way WA 98063 8. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and /or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing this Agreement. 9. Termination. Except as otherwise provided in this Agreement, either party may terminate its participation in this Agreement upon thirty (30) days' written notification to the other party. If a party's participation in this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 10. Disputes. In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. The Department shall appoint one member to the Dispute Board. The Chief of WSP and the Department shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 11. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state statutes and regulations; • Special Terms and Conditions contained in the Statement of Work 30 Page 2 of 8 • General Terms and Conditions contained in this Agreement • Any other provisions of the Agreement, whether incorporated by reference or otherwise. 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. IN WITNESS WHEREOF, the parties have executed this Agreement. For Washington State Patrol: For Federal Way Police Department: Signature Signature Date Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 06/04/2008 • • Page 3 o r 8 WSP NO. C100628GSC Exhibit A STATEMENT OF WORK 1. WSP Responsibilities. WSP shall inspect commercial vehicles operating over public highways and at carrier terminal facilities. WSP also agrees to: a. Function as the lead agency for purposes of administering participation in the Surface Transportation Assistance Act (Act) and to ensure Washington State's compliance, including participating political subdivision, with the terms and conditions of the act. b. Train, retrain (as necessary or desirable), test and certify FWPD commercial vehicle inspections pursuant to agreement between WSP and the Commercial Vehicle Safety Alliance (CVSA). c. Supply to FWPD vehicle and driver out -of- service stickers, CVSA decals and inspection forms for all inspections conducted under this - Agreement. d. Provide monitoring service relative to FWPD inspection techniques and violations recorded; and provide data entry for all eligible inspections conducted by FWPD. 2. FWPD Responsibilities. FWPD certifies that it has the authority to enforce FMCSA and hazardous materials regulations. FWPD shall, as a routine practice, confine inspection activities to vehicles operating over public highways; and shall participate in consolidated efforts during special roadside inspection activities and training programs. Also, FWPD shall: a. Adopt the North American Uniform Inspection Procedure and CVSA Out -Of- Service Criteria as adopted by WSP. b. Honor CVSA inspection decals affixed to commercial vehicles by authorized agencies. c. Affix CVSA decals to commercial vehicles that pass Level 1 CVSA inspections with no violations. The term "pass inspection" as used in this section shall be interpreted to mean that no violation of any inspection items contained in Appendix A, Part 11 of the CVSA Out -Of- Service Criteria is disclosed during the inspection process. d. Require commercial vehicle operators to correct all defects disclosed during inspections. e. Adopt recommended out -of- service and other defect repair verification procedures as developed by CVSA. f. Conduct inspections with CVSA certified inspectors only; document commercial vehicle inspections on forms provided by WSP; and forward completed inspection forms to WSP within 5 days following the date of the respective inspection for processing and final compliance. g. FWPD officers that will perform commercial vehicle inspections shall attend CVSA Part A and B training, Size, Weight, and Load training and complete the required number of initial inspections under the guidance of a CVSA certified inspector within six (6) months of completing Part A and B classroom instruction. FWPD officers shall adhere to CVSA requirements for maintaining certification, adhere to all CVSA policies for conducting inspections, including following the Out -of- Service Criteria, and follow WSP enforcement guidelines when conducting CVSA inspections. h. Require all FWPD inspectors to perform the required number of commercial vehicles inspections per year in order to maintain certification. WSP reserves the right to remove all related software if the required numbers of inspections are not met. 32 Page 4 of 8 i. Require all FWPD inspectors to attend refresher training provided by WSP in order to maintain certification. j. Provide to the WSP Program Manager named under Agreement Management quarterly program evaluations within 15 days of the end of each fiscal quarter. k. Any cost incurred by FWPD relating to conformance with this Agreement, including training, retraining, testing and certifying inspectors, is the sole responsibility of FWPD. 33 Page 5 or 8 Exhibit B ASPEN Responsibilities 1. Introduction. ASPEN was developed to facilitate electronic roadside safety inspections of commercial vehicles and drivers. It provides users with current information about the carrier, an inspection recommendation based on the carrier's safety and accident history, and computer assisted data entry procedures for conducting inspections. The Safety and Fitness Electronic Records System (SAFER) provides information to keep ASPEN users • current by identifying changes to carrier information from MCMIS; it also provides a mechanism to electronically transfer inspections reports from roadside ASPEN units to SAFER for input into WSP's SAFETYNET and MCMIS. 2. Scope of Work. The parties to this Agreement agree to the following: a. FWPD Responsibilities. 1) Administration. FWPD shall designate a computer (IT) specialist to administer FWPD's use of ASPEN, SAFER and related software and equipment. The IT specialist shall obtain a User Authentication System (UAS) account from WSP for purposes of downloading FWPD's own ASPEN/ Inspection Selection System (1SS) updates. FWPD shall maintain software and hardware to keep it compatible with ASPEN and SAFER; resolve software and hardware problems that its officers may encounter with the program; set up software to make it agency - specific; update computers with new versions of the software as it is released; and update computers with new editions of the ISS and any other add -on programs required by SAFER or ASPEN in accordance with timelines, if any, provided by FMCSA or the WSP. FWPD shall also resolve download and data entry problems after FWPD officers submit their inspections to SAFER; and safeguard FWPD ASPEN manager's password to assure data integrity. 2) Training. FWPD's ASPEN computer specialist and all FWPD officers using ASPEN shall attend at least two hours of ASPEN - related training conducted by WSP. FWPD shall be responsible for providing any necessary training subsequent to this initial training provided by WSP_ FWPD will correspond with the WSP's Commercial Vehicle Division's (CVD) Computer Support group supervisor to arrange the time and location for the Administrator and End -User training. 3) Data Transfer. FWPD officers using ASPEN shall upload inspection reports to SAFER on a daily basis. If FWPD experiences delays with the transfer due to equipment failure /phone line failure, FWPD will inform the WSP's Commercial Vehicle Division Computer Support Supervisor. b. WSP Responsibilities. 1) Administration. The WSP will provide at least one Commercial Vehicle Enforcement Officer (CVEO) to provide in- the -field training to FWPD personnel. The WSP's CVD computer support group will be responsible for providing FWPD with an ASPEN user's identification number. WSP's Commercial Vehicle Division Computer Support Supervisor will work with FWPD 's technical representative to arrange a date for initial installation and training of the ASPEN and ISS applications. 34 Page 6 of 8 2) Software Distribution. WSP shall provide to FWPD one initial installation copy each of the current versions of ASPEN and ISS software. FWPD shall be responsible for obtaining newer versions of this software, as they become available. Software is available on the FMCSA website; if any critical software is unavailable on the website, upon request, WSP shall provide that data to the designated IT specialist to update FWPD's ASPEN Programs. 3) Training. WSP shall conduct one initial ASPEN /ISS training class for FWPD ASPEN computer specialist and up to five FWPD officers. All subsequent training will be the responsibility of FWPD. 3. ASPEN Equipment. a. Equipment Reimbursement. FWPD is responsible for providing the computer equipment necessary for FWPD to perform CMV inspections. Subject to available funding and solely at WSP's option, FWPD may receive reimbursement from WSP to provide initial computer equipment for each CVSA certified FWPD officer to aid in the purchase of the necessary computer equipment. FWPD is responsible for all computer equipment they use under this Agreement; and to ensure that the ASPEN and ISS applications coexist effectively with other possible applications on their computers. b. Title and Use of Equipment. Upon successful completion of the terms of this Agreement, all equipment r wn d g pu chased by FWPD with Agreement funds will be owned by FWPD. FWPD shall be responsible for any and all operation, maintenance, replacement, and for the safe operation of such equipment, including all questions of liability. Equipment Management. If WSP reimburses FWPD for the purchase of equipment associated with it this Agreement, FWPD shall manage that equipment according to the following: 1) Equipment Records. FWPD shall maintain equipment records that include: a description of the equipment; the manufacturer's serial number, model number, or other identification number; the Catalog of Federal Domestic Assistance (CFDA) number 20.218 or other CFDA number provided by WSP; who holds title; the acquisition date; the cost of the equipment and the percentage of federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the equipment. Equipment records shall be retained by FWPD for a period of six (6) years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by FWPD until all litigations, claims, or audit findings involving the records have been resolved. 2) Inventories. FWPD shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by FWPD to determine the cause of the difference. FWPD shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. FWPD shall develop a control system to ensure adequate safeguards to prevent Toss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. FWPD will develop adequate maintenance procedures to keep the property in good condition. 3) Disposition of Equipment. If FWPD is authorized or required to sell the property, Page 7 8 proper sales procedures must be established to ensure the highest possible return. When original e o i nal or replacement equipment is no longer g p needed for the original project or program or for other activities currently or previously supported by a federal agency, items of equipment with a current per -unit fair market value of Tess than $5,000 may be . retained, sold or otherwise disposed of by FWPD with no further obligation to WSP or the awarding agency. Page 8 COUNCIL MEETING DATE: June 15 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of complimentary office space located at 31829 Gateway Center Boulevard South for the Special Operations Unit. POLICY QUESTION: Should the City of Federal Way / Police Department accept complimentary office space located at 31829 Gateway Center Boulevard South for the Special Operations Unit. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Council Committee - (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance 1 1 Public Hearing Fl City Council Business n Resolution n Other STAFF REPORT BY: CHRIS NORMAN, COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo Options Considered: 1. Accept the offer of office space. 2. Decline the offer of office space. STAFF RECOMMENDATION: Staff recommends Option 1. / J CITY 1\1ANAGER APPROVAL: +Z�jIA l� DIRECTOR APPROVAL: ww�. -7 / , un Conunittee Council Conttte C_UuuC COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the request by the Police Department to accept the offer of complimentary office space and authorize City Manager /Police Chief Brian Wilson to draft and enter into a contract with Mr. and Mrs. An to the mutual satisfaction of all parties.'' (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 - 02/062006 RESOLUTION 6 37 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 8, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson Chief of Police /Interim City Manager FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Special Operations Unit Office Space. Background The 7 Officer Special Operations Unit has been fully operational since January 1, 2010. All members are IPMBA Certified bicycle officers who routinely operate in this capacity during their work day in the downtown core. FWPD bicycles have historically been stored at the Commons Mall Sub - Station which offers some conveniences in the form of desks, computers and a bathroom. However, this location is not the ideal center of operations for the SOU who spend the bulk of their work day in and around the Federal Way Transit Center. Mr. and Mrs. An, owners of the Gateway Center business complex have offered complimentary office space at 31829 Gateway Center Boulevard South. This location is ideal for the following reasons: • Central location on high ground offering a tactical advantage • Increases the SOU presence and sustainability in the downtown core • Increased visibility, partnership and integration with the business community • Zero Cost Proposal The Police Department is seeking council approval to accept complimentary office space located at 31829 Gateway Center Boulevard South. A contract between the City and Mr. And Mrs. An will be drafted to the mutual satisfaction of both parties. Funding Source Mr. and Mrs. An are offering the space at no cost and have offered to cover the electric bill for lighting. Although heating and cooling is not included in this offer we do not anticipate using this resource and can use alternative accommodation during extreme weather. Office furniture is available from existing stock in city hall. The SOU use their issued wireless laptops and cell phones so no additional utilities are necessary. 1 38 COUNCIL MEETING DATE: June 15, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Application for Ballistic Vest Partnership (BVP) Grant. POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department apply for the 2010 Ballistic Vest Partnership (BVP) Grant? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 8, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Assistant Chief Andy Hwang DEPT: Police Department Attachments: 1. PRHS &PS Memo 2. BVP Application Options Considered: 1. Approve the Federal Way Police Department application for the 2010 BVP Grant 2. Deny Application STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: 4k °- 1ZL1 P c DIRECTOR APPROVAL: 7 4L_ s2 �/a Committee Council Commi ee Coun COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2010 Ballistic Vest Partnership (BVP) Grant application, and authorize City Manager /Police Chief Brian Wilson to sign such Agreement. " (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 — 02/06/2006 RESOLUTION # 39 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 8, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: 2010 Ballistic Vest Partnership (BVP) Grant. The total number of Ballistic vests that will need to be replaced by the Federal Way Police Department in the years 2010/2011 equals seventy -eight (78). The recommendation to apply for half of the vests (39) during the 2009 BVP grant application process was approved by Council in June of 2009. I have recommended that we apply for 2010 Grant funds to replace the additional (39) vests that will expire by the year 2011. If the 2010 Grant is approved, it would provide $15,165.00 to the police department to use toward the purchase of vests and require $15,165.00 to be matched by the police department. The police department fuel savings was identified by the finance department as a source to provide matching funds for the 2009 BVP grant. It has been suggested that the source of the 2010 BVP grant matching funds be taken from 2010 Police salary savings. The 2011 BVP grant application will open in May of 2011, at which time we may apply for vests that will be expiring in the year 2012. I estimate that there will be 48 vests that will expire in the year 2012, requiring approximately $20,500 in grant funds and an additional $20,500 in city match funds This estimate does not take into account additional officer positions that may be added to the Police Department. 1 40 Application > Submit Application > Pending BJA Approval (Expires: #1121-0235 Section A pp pp 9 � tExpir�s: You have successfully submitted your application for funding for BVP approval. The approval process may take several weeks from the application dosing date. A confirmation email has been sent to jeanne. Schroeder ©cityoffederalway.com. An email approval advisory will also be sent to jeanne .schroederr @cityoffederalway .cam when the program approvals are completed. Additionally, -you may check the status of your application by selecting option , 'Application History', in the Jurisdiction's Handbook. Thank you for your continued patience. For your reference, the summary data for your Application for Funding is listed below. Successful Submission Jurisdiction: FEDERAL WAY CITY Application Id: 10052581 Status /Submission Date: Sent for BVP Approval : 05/13/10 Application for Funding Quantity Extended Cost Tax, S &H Total Cost 39 $27,697.80 $2,631.33 $30,329.13 Maximum Allowable Funding from BVP: $15,164.56 a x Important: You can click on the 'Print Screen' button below to keep a copy for your records. Print Sc�eer11 41 42 COUNCIL MEETING DATE: June I5 " 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL AINIMMOMMISOMIMINI SUBJECT: King County AFIS — Fingerprint Technician Pilot POLICY QUESTION: Information Only COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 8 20t0 Council Corrunittee - (PRHS &PS) CATEGORY: U Consent ❑ Ordinance 1 1 Public Hearing n City Council Business n Resolution ® Other - Information Only S TAFF REPORT BY: CATHY SCHROCK, CIVILIAN OPERATIONS MGR. DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo. Options Considered: N/A STAFF RECOMMENDATION: Staff recommends Option (OM) CITY MANAGER APPROVAL: 1_ 021.44 U 5 DIRECTOR APPROVAL: Ahe..., 7 S/2 � /�a �..+ C ortutiittee Council Conunitte Coun, COMMITTEE RECOMMENDATION: PRHS &PS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "7 move for approval (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED t' reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 43 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 8, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: King County AFIS — Fingerprint Technician Pilot The King County Regional AFIS Program contacted the Federal Way Police Department in March 2010 to explore the possibility of assigning a Latent Print Technician to Federal Way Police Department to support the function of processing Burglary Crime Scenes and Auto Theft recoveries as available. The proposal has a direct correlation to the King County Prosecutor's Office Repeat Burglary Initiative and is in line with the need to address the rising number of Burglary incidents in South King County. King County AFIS selected the City of Federal Way for the pilot due to the 14 year history our agency has had with them including a seat on the King County AFIS Advisory Board. Through this partnership, we have developed the following pilot to begin June 1, 2010. King County Regional AFIS Technical — South King County Assignment Program Summary Two tenured AFIS technicians will be assigned to South King County and housed at Federal Way PD. The two positions will rotate to cover a 5 -day work week M -F 1000 — 1800 hrs and respond as needed. This concept will be expanded from Federal Way into other South KC municipalities by using the Valley Comm model. King County AFIS will provide the Tech with a vehicle, laptop, and communication devices as needed. In addition to all latent print supplies. Federal Way Police will provide a work station, and Police radio. The KC Technicians housed at Federal Way PD will report to Evidence Supervisor, Johnny Hernandez. The KC Technician will respond to crime scenes and process them under the supervision of an Officer for the purpose of safety and security. 1 44 COUNCIL MEETING DATE: June 15, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRAFFIC CODE UPDATE — INATTENTIVE DRIVING POLICY QUESTION: SHOULD THE CITY COUNCIL AMEND CHAPTER 8.05 OF THE FEDERAL WAY REVISED CODE TO ADD A NEW SECTION PROHIBITING INATTENTIVE DRIVING? COMMITTEE: PRHS &PS MEETING DATE: June 8, 2010 CATEGORY: 1 1 Consent ® Ordinance 111 Public Hearing 1 1 City Council Business 1 1 Resolution ( 1 Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law Background: In Washington State, there are an increasing number of incidents of drivers operating motor vehicles while they are distracted. In an attempt to stop this trend, Governor Gregoire proclaimed May 27, 2010 as "Drive Nice Day" to encourage drivers to stop driving while they are distracted. Distracted driving contributes to crashes that, on average, kill approximately 700 people in Washington each year. Several other cities in Washington, including Bellevue, Des Moines, Fife, Issaquah, Kent, Kirkland, Puyallup, SeaTac, Seattle, Tukwila, and Yakima have passed legislation to make inattentive driving an infraction. Currently, the Federal Way Revised Code (FWRC) does not allow for the infraction of inattentive driving. This proposed ordinance would amend Chapter 8.05 FWRC to add the infraction of inattentive driving to the Federal Way Revised Code. This new infraction would provide police officers with another enforcement tool to keep our roads safe. Attachments: Proposed ordinance amending Chapter 8.05 FWRC to add infraction of inattentive driving. Options Considered: 1. Approve the proposed ordinance modifying Chapter 8.05 FWRC. 2. Reject the proposed ordinance modifying Chapter 8.05 FWRC. STAFF RECOMMENDATION: Approve Option 1 to forward the proposed ordinance to First Reading at the June 15 City Council Meeting. CITY MANAGER APPROVAL: Q 1 /v sl6171` )Io DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member 45 PROPOSED COUNCIL MOTION(S): 1 ST READING OF ORDINANCE (DATE): I move to forward the ordinance to a second reading for enactment on the July 6, 2010 consent agenda. 2 READING OF ORDINANCE (CONSENT AGENDA DATE): "I move approval of Option 1 modifying Federal Way Revised Code Chapter 8.05 to include the infraction of inattentive driving. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED tsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —02/06/2006 RESOLUTION # 46 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Inattentive Driving; adding a new section to Chapter 8.05 FWRC, "Vehicles and Traffic." WHEREAS, Chapter 8.05 of the Federal Way Revised Code ( "FWRC ") sets forth the regulations regarding vehicles and traffic; and WHEREAS, there are increasing incidents of drivers operating motor vehicles while they are distracted; and WHEREAS, Governor Gregoire proclaimed May 27, 2010 as "Drive Nice Day" to encourage drivers to stop driving while they are distracted; and WHEREAS, distracted driving contributes to crashes that, on average, kill approximately 700 people in Washington each year; and WHEREAS, several other cities in Washington, including Bellevue, Des Moines, Fife, Issaquah, Kent, Kirkland, Puyallup, SeaTac, Seattle, Tukwila, and Yakima have passed legislation to make inattentive driving an infraction; and WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to add a new law prohibiting inattentive driving in the City of Federal Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No_ 10- Page 1 of 3 Rev 3/09 47 Section 1. A new section is added to Chapter 8.05 FWRC to read as follows: 8.05.015 Inattention. (1) No person shall operate a motor vehicle upon a street, alley or ways open to the public within the City in an inattentive manner. (2) "Inattentive manner" means driving in such a manner so as to fail to maintain a careful lookout for persons or property in the direction of travel. (3) Any person violating the provisions of this section is guilty of an infraction for which the monetary penalty shall be $25000. Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. Ordinance No. 10- Page 2 of 3 Rev 3/09 48 PASSED by the City Council of the City of Federal Way this day of 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A_ RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K: \Ordinance\20 tO \Traffic code update— inattentive driving Ordinance No.10- Page 3 of 3 Rev 3/09 49 9 50