The URL can be used to link to this page

Council PKT 06-15-2010 RegularCITY OF ,� Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 15, 2010 7:00 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Tacoma Family Association b. Behind the Badge c. Proclamation: Amateur Radio Week ...page 3 d. Certificates of Appointment: Arts Commission e. City Manager Emerging Issues / Introduction of New Employees • Animal Services Unit 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT lT TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. PLEASE LIMlT YOUR COMMENTS TO THREE (3) MINUTES. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Ifems listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent mofion. a. Minutes: June 1, 2010 Special and Regular Meeting ...page 4 b. CB 541 B Amending Gambling Tax for Pull-tabs ...paye �2 c. RESOLUTION: Setting Public Hearing Date for 2011-2016 Transportation Improvement Plan ...page �s d. Agreement to Include the Construction of Private Infrastructure as Part of the West Hylebos Creek Culvert/Removal and Flood Control Improvements Project ...paye 22 e. City of Federal Way Emergency Preparedness Assistance Grant (EPAG) Award ...page 33 f. Interlocal Agreement for Federal Way School District and Federal Way Community Center for 2010-2011 School Year ...page 35 g. Community Development Block Grant (CDBG) Public Service Awards ...page 46 h. Acceptance of WTSC Grant to Purchase Eight (8) hand-held Laser/Radar Devices ...page 52 i. Interagency Agreement between WSP and Federal Way Police Department ...page 5a j. Application for Ballistic Vest Partnership (BVP) Grant ...page s4 The Council may add items and take action on items not listed on the agenda. k. Wildwood NTS '10 — S 308 St (18th Ave S to 22nd Ave S) & 18th Ave S, 20th Ave S and 22nd Ave S(S 308 St to S 312 St) ...page s7 I. Fiscal Year 2010 Edward Byme Memorial Justice Grant — Request for Application ...page 71 m. Pacific Highway South HOV Lanes Phase IV Bid Award ...page s� 6. COUNCIL BUSINESS a. Voting Delegates for AWC Annual Conference ...page s4 b. Budget Calendar Review ...page s5 c. Gateway Center Complimentary Office Space for the Special Operations Unit ...page 9� d. State Energy Program American Recovery and Reinvestment Act of 2009 Loan Contract ...page 99 e. Potential Assignment of Purchase and Sale Agreement for Former AMC Theater Site — Third Meeting ...page �52 • Public Comment 7. INTRODUCTION / FIRST READING OF ORDINANCES a. CB 542 Traffic Code Update � Inattentive Driving ...page ��3 An Ordinance of the City of Federal Way, Washington, relating to Inattentive Driving; adding a new section to Chapter 8.05 FWRC, "Vehicles and Tra�c." 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION Potential Litigation Pursuant to RCW 42.30.110(1)(i) Property Acquisition Pursuant to RCW 42.30.110(1)(c) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. GITY OF ,'�.�.-, Federal Way PROCLAMATION "AMA TEUR RADIO WEEIi ' WHEREAS, the City of Federal Way has more than 300 licensed Amateur Radio operators who pursue their interest in amateur radio communications; and WHEREAS, amateur radio operators have responded to support the earthquakes in Haiti and Chile, WHEREAS, amateur radio operators in Federal Way will practice their communication skills during the twenty-four hour simulated emergency exercise of Field Day on June 26-27, 2010 and WHEREAS, amateur radio operators merit recognition and acknowledgement for the services they provide without compensation; NOW, THEREFORE, we the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of June 20-26, 2010, as `AMATEUR RADIO WEEK" in the City of Federal Way, in recognition of this important emergency preparedness exercise, and call upon all citizens to pay appropriate tribute to the Amateur Radio Operators of our city. SIGNED this 15th day of June, 2010. CITY OF FEDERAL WA Y Linda Iiochmar, Mayor Jeanne Burbrdge, Councilmember Roger Freeman, Councilmember Dini Duclos, DeputyMayor Jack Dovey, Councilmember Jim Ferrell, Councilmember Mike Park, Coancilmember COUNCIL MEETING DATE: June 15, 2010 ITEM #: Sa _ ...................................................................................................................................................................._._............_..._.......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUSJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the June l, 2010 Special Meeting and the June 1, 2010 Regular Meetings? COMMITTEE: N/fl CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Carol McN Attachments: ❑ Ordinance ❑ Resolution , City Clerk MEETING DATE: N/�1 ❑ Public Hearing ❑ Other DEP'r: Human Resources Draft meeting minutes from the June 1, 2010 Special Meeting, and the June 1, 2010 Regular Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL N/A �G.r/4, �� ~ DIRECTOR APPROVAL: N/f1 N/f1 Committee Council Committee Council COMMITTEE RECOMMENDATION: N/f1 PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/O6/2006 RESOLUTION # CITY OF ,� Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall June1,2010-5:OOPM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 5:03 pm. Council members present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell and Jeanne Burbidge. Mayor Kochmar excused Councilmember Jack Dovey. Councilmember Mike Park arrived at 5:05 pm. Councilmember Roger Freeman arrived at 6:00 pm. 2. EXECUTIVE SESSION The Council adjourned to executive session at 5:03 pm for approximately 30 minutes to discuss potential litigation pursuant to RCW 42.30.110(1)(i) and property acquisition pursuant to RCW 42.30.110(1)(c). The Council adjourned from executive session at 5:31 pm. 3. OPEN HOUSE — 5:30 PM Twin Development Concepts for former AMC Theater Site The City hosted an open house where the City Council, city staff and representatives from Twin Development were on hand to provide information and answer questions on Twin DevelopmenYs design concepts for the former AMC Theater Site. Economic Development Director Patrick Doherty stated Twin Development is interested in obtaining the purchase and sale agreement for the former AMC Theater site that is currently held by United Properties. Mr. Doherty introduced Steve Smith of Twin Development who reviewed their proposed design plan. The project will be three towers that will include a total of 760 units (approximately 700 condominiums and 60 hotel rooms), there will parking to accommodate one thousand vehicles, and retail shops at the base of the towers. There will be an open space/public park area at the ground level and a sky-lounge on top of one of the towers that will be open to the public as well. 4. ADJOURNMENT Mayor Kochmar adjourned the meeting at 6:40 pm. City Council Minutes — June 1, 2010 Special Meeting Page 1 of 2 Attest: Carol McNeilly, CMC City Clerk Approved by Council: City Council Minutes — June 1, 2010 Special Meeting Page 2 of 2 CITY OP , �..,�,,,..- Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 1, 2010 7:00 PM www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Kochmar called the meeting to order at 7:02 pm. Councilmembers present: Mayor Linda Kochmar, Deputy Mayor Dini Duclos, Councilmembers Jim Ferrell, Mike Park, Jeanne Burbidge and Roger Freeman. Mayor Kochmar excused Councilmember Jack Dovey. 2. PLEDGE OF ALLEGIANCE Tim Burns led the pledge of allegiance. 3. PRESENTATIONS a. Advancinq Leadership Board Councilmember Burbidge, current Advancing Leadership Board Member, presented the Council with a framed photograph from the 2010 Advancing Leadership graduating class. Mayor Kochmar thanked the Advancing Leadership class. b. Citv Manaqer Emerqing Issues / Introduction of New Emplovees Mr. Wilson introduced Scott Eatchel, the City's new Animal Services Officer. Status of 2011 /2012 Budget Process: Mr. Wilson reported some of the media coverage regarding the 2010/2012 budget has not been 100% accurate. The City is facing a 4.5 million dollar deficit in 2011and 2012. The City's Management Team is looking at ways to make reductions and prioritize levels of service. These reductions will occur for both City Hall and the Police Department. There will be no salary or wage increases for 2011/2012 and positions frozen in the 2010 budget will not be filled. Mr. Wilson stated he will not be proposing any increases in taxes in his budget proposal. Once a plan is established, the City will conduct community meetings to share the proposed plan. 4. CITIZEN COMMENT Mayor Kochmar stated public comment is scheduled for three areas on tonight's agenda. The first is Citizen Comment; the second is during item 6.a. a Public Hearing concerning City Council Minutes — June 1, 2010 Regular Meeting Page 1 of 5 the vacation of right of way on 8 th Avenue SW, and the third during item 7.b. a presentation concerning the potential assignment of the former AMC Theater Site and Twin Development design concept. James Simpson A 7-year Federal Way resident, spoke against item 8.a. The proposed gambling tax reduction ordinance that is before the Council. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: May 18, 2010 Special and Regular Meeting —Approved b. Vouchers—Approved c. Monthly Financial Report—Approved d. CB 539 Amendments to FWRC Title 18 "Subdivisions" and Title 19 "Zoning and Development Code" —Approved Ordinance 10-660 e. CB 540 Amendments to FWRC Title 9"Animals" —Approved Ordinance 10-661 f. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements — 100% Design Approval and Authorization to Bid—Approved —Postponed to June 15, 2010 h. Capital Replacement Reserves for Federal Way Community Center Automated Pool Vacuum—Approved i. Surface Water Maintenance Management System — Authorization to Purchase— Approved j. Purchase of Document Scanner for Police/CIS —Approved k. Spring Tourism Enhancement Grant Applications —Approved RESOLUTION: Amending the 2010 Fee Schedule and Repealing Resolution No. 09- 567 (Regarding Animal Licensing) —Approved Reso/ution 10-585 MOTION: Deputy Mayor Duclos moved approval of the consent agenda. Councilmember Park second. Deputy Mayor Duclos pulled item 5. g.-Pacific Highway South HOV Lanes Phase IV Bid Awa rd VOTE: Motion to approve items a-f; and h-I carried 6-0. 5. q.-Pacific Hiqhwav South HOV Lanes Phase IV Bid Award MOTION: Deputy Mayor Duclos moved to postpone Council taking action on the Pacific Highway South HOV Lanes Phase IV Bid Award (item 5.g.) until the June 15, 2010 City Council Meeting because there is a hearing tomorrow before the Washington State Department of Transportation, which may affect the bid award. Councilmember Burbidge second. VOTE: Motion carried 6-0. 6. PUBLIC HEARING a. Street Vacation of a Portion of 8th Ave. SW City Council Minutes — June 1, 2010 Regular Meeting Page 2 of 5 Mayor Kochmar read into the record the procedures to be followed and declared the public hearing open at 7:31 pm Street Systems Project Engineer John Mulkey reviewed the street vacation process as outlined in the FWRC. He stated Dan Lourie petitioned the City to vacate a portion of g` Avenue SW. Mr. Mulkey reviewed the criteria a petition must meet before it can be approved. All mandatory criteria have been met and 4 of the 5 discretionary criteria have been met. Criteria 2b is not applicable, as there is no exchange of property. Staff recommends the petition of right-of-way of a portion of 8 Avenue SW be granted under the condition that all affected utilities be granted easements through the property. In order to identify the utilities which will require easements, the properly owner shall survey and stake the extents of the vacated area and determine the exact location of all utilities, through whatever means necessary, as to whether they are within the proposed vacation area or not. Mayor Kochmar called for public comment, hearing none she called for Council questions. The Council asked clarifying questions of Mr. Mulkey. MOTION: Deputy Mayor Duclos moved to approve the request for petition for vacating a portion of the right-of-way within 8 th Avenue SW upon payment for the land and granting of required easements for utilities. Councilmember Burbidge second. VOTE: Motion carried 6-0 Mayor Kochmar declared the public hearing closed at 7:36 pm 7. COUNCIL BUSINESS a. Arts Commission Appointments MOTION: Councilmember Burbidge moved to re-appoint Mary Tynan and Linda Pratt as voting members to the Arts Commission, and to appoint Austin Hackett as an alternate with the terms expiring December 31, 2012. Councilmember Freeman second. VOTE: Motion carried 6-0. b. Potential Assiqnment of Purchase and Sale Aqreement for former AMC Theater Site - Second Meetinq. Economic Development Director Patrick Doherty stated the City has a purchase and sale agreement with United Properties for the development of the former AMC Theater Site. United Properties has asked the Council to consider the assignment of the purchase and sale agreement to Twin Development LLC. Twin Development has provided two presentations on their development concepts, one on May 18, 2010 and at an open house earlier this evening. Two additional open houses will be held on June 8 and June 15`" Steve Smith of Twin Development provided an overview of projects that Twin Development has completed. The proposed project in Federal Waywould include three towers with 760 units (700 condominium and 60 hotel rooms). Two of the three towers would be 45 stories. This height would provide valuable views to the top floors and would include a sky-lounge on the top floor open to the public. There will be retail space on the ground floor as well as an open space/park area. City Council Minutes - June 1, 2010 Regular Meeting Page 3 of 5 Public Comment: Marv Hild submitted a letter of support for a condominium project in Federal Way for City Clerk McNeilly to read into the record. Norma Blanchard asked when the contract was handed off from United Properties to Twin Development if the city involved. She also inquired on parking, road improvements and if Twin Development has ever had any issues regarding their buildings. She stated she is opposed to a 45 story building in Federal Way. Mr. Doherty clarified that the purchase and sale agreement has not been transferred to Twin Developments, it is currently under consideration. Mr. Doherty provided a summary of the written comments received at the open house earlier this evening. The Council will conduct two additional open houses on this item; on June 8 and June 15, and possibly take action on June 15, 2010 regarding the assignment of the purchase and sale agreement. 8. INTRODUCTION AND ENACTMENT OF ORDINANCES a. CB 541 Amending Gambling Tax Ordinance No. 90-15 and 98-329 An Ordinance of the City Of Federal Way, Washington, relating to the gambling tax rate for social card games and pull tabs; amending FWRC 3.40.040. Finance Director Tho Kraus stated the draft ordinance went through FEDRAC for review and is being forwarded to the City Council for introduction and enactment at tonight's meeting. The Council discussed reducing the tax rates for both pull-tabs and card games. MOTION: Couniclmember Park moved to establish a 10% card room rate and a 3% pull-tab rate. Deputy Mayor Duclos second. Councilmember Park withdrew his motion. MOTION: Councilmember Park moved to reduce the card room tax rate from 20% a 10%. Deputy Mayor Duclos second. VOTE: Motion carried 5-1, Councilmember Burbidge dissenting. MOTION: Councilmember Park moved to reduce the pull-tab tax rate from 5°/a to 3%. Councilmember Ferrell second. VOTE: motion carried 4-2 Councilmembers Burbidge and Freemen dissenting. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Park moved to approve an ordinance for card games tax at rate of 10% with a June 6, 2010 enactment date. Councilmember Freeman second. VOTE: Motion carried 6-0. MOTION: Councilmember Park moved to approve and ordinance for pull-tabs tax rate at 3% with an enactment date of June 6, 2010. Councilmember Ferrell second. VOTE: 5-1 Councilmember Burbidge dissenting. This ordinance will return to the June 15, 2010 Council meeting for second reading and City Council Minutes — June 1, 2010 Regular Meeting Page 4 of 5 enactment as there was not a unanimous vote for approval. 9. COUNCIL REPORTS Councilmember Freeman reported the next Martin Luther King Day planning meeting is June 18 at City Hall. Councilmember Burbidge reported the next PRHSPS meeting is June 8. Councilmember Park reported June 12 is the Flag Day celebration at the King County Aquatic Center as well and the Multi-Service Center Crab Feed. Deputy Mayor Duclos reported the Seatac Airport Noise Study will be held on June 9. Mayor Kochmar stated the City would be holding open houses on the Twin Development concepts on June 8 and 15. Councilmember Ferrell had not report. 10. CITY MANAGER REPORT City Manager Wilson stated city staff is performing admirably during these difficult financial times. 11. EXECUTIVE SESSION � �r�4on#i�l I i4in�+�i�n �� rc� �.�r�4 +� or�ni n��n � � ni� v�� Canceled . . canceled The Council did not adjourn into executive session 12. ADJOURNMENT With no further business before the Council, Mayor Kochmar adjourned the meeting at 8:55 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes - June 1, 2010 Regular Meeting Page 5 of 5 COUNCIL MEETING DATE: June 15, 2010 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: Amending Gambling Tax Ordinance No. 90-15. POLICY QUESTION: Should the City reduce gambling tax rates on pull tab and punchboard from 5% to 3%? COMMITTEE Finance, Economic Development and Regional Affairs CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Tho Kr ►1 � Finance Director Ordinance MEETING DATE May 25 , 2010 ❑ Public Hearing Resolution ❑ Other DEFT: Finance Attachments: Proposed Gambling Tax Ordinance as directed by Council at the June l, 2010 City Council meeting. Background/Summary: Two proposed ordinances were presented to City Council at the June l, 2010 City Council meeting. City Council voted to reduce the gambling tax rates for social card room activity with the effective date 7une 6, 2010. City Council voted to reduce the gambling tax rates for pull tab and punchboard to 3% with the effective date of August 1, 2010. Because of the two distinct effective dates, the proposed ordinance at the June 15` City Council meeting is only for the reduction of pull tab and punchboard with the effective date of Au�ust l, 2010. First reading of the proposed ordinance occurred at the June 1, 201Q City Council meeting. In accordance with City practice, the proposed second readin� and enactment is to occur at the June I5, 2010 City Council meeting. Options Considered: 1. Approve the gambling tax rate reductions on pull tab and punchboard from 5% to 3% for the effective date August 1, 2010. 2. Deny the gambling tax rate reductions on pull tab and punchboard from 5% to 3% and provide direction to staff. STAFF RECOMMENDATION: Staff recommends that Council approve the gambling tax reductions on pull tab and punchboard from 5% to 3% using the emergency ordinance and process. CITY MANAGER APPROVAL: l.�✓�� ' IRECTOR APPROVAL: /7/C_ Committee Co�ncil Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): " I move approval and enactment of the gambling tax rate reductions on pull tab and punchboard from 5% to 3% with an effective date ofAugust 1, 2010. " OW TO BE COMPLETED BY CITY CLERKS COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: J�e�,,-�0 ,, ITEM #:. _..._..... _. _ . . ..._.. __ _ _...._._ ......... ..........._......_.......... _ _ . h�x�.,_�.5�a �.�o ......._ .. . . ........ .................. _ __ . _ ...... _.�..�__.IQ .. ........ _ CITY COUNCIL AGENDA BILL SUBJECT Amending Gambling Tax Ordinance Nos. 90-15 and 98-329. POLICY QUESTION: Should the City reduce gambling tax rates on pull tab and punchboard from 5% to 4% and social card room from 20% to 10%, respectively? CITY OF FEDERAL WAY COMMITTEE Finance, Economic Development and Regional Affairs CATEGORY: ❑ Consent ❑ City Council Business � � Ordinance STAFF REPORT BY: Tho Resolution Finance Director � Attachments: Proposed Gambling Tax Ordinance MEETING DATE May 25 2010 ❑ Public Hearing ❑ Other DEPT: Finance Background/Summary: Various gambling tax establishments have approached the City requesting reductions in gambling t� rates for pull tab/punchboard and social card room activity. One major establishment has closed its doors and has committed to re-opening the business, contingent upon the City reducing the tax rates as quickly as possible. The City's current gambling tax on social card room is significantly higher than and pull tab/punchboard is comparable with neighboring cities. The proposed reduction in social card room tax to 10% is comparable to our neighboring cities. Two proposed ordinances are in the packet. The substance of both ordinances are identical — reduction in gambling taxes on pull tab and punchboards and social card rooms. The difference is the effective date of the reduction. Standard Ordinance Process: The effective date would be August l. 2010, if the Finance ReQional Affairs Economic Development Council Committee moves it to first reading at the June l, 2010 Citv Council meeting. Second readin� enactment would occur at the June 15�' Citv Council meetinQ. The ordinance cannot become effective until thirtv (30) da� after publication, which would be in Julv. Thus, the proposed effective date would be Au�ust 1, 2010. Emergency Ordinance Process: The effective date would be June 6, 2010 — after publication on June 5`�'. Under the emergency scenario, the Finance Regional Affairs Economic Development Council Committee moves the proposed ordinance to the June 1, 2010 for the reading and enactment. The emergency proposed ardinance has an additional recital that the City Council finds there is an emergency to act, and the effective language indicates that the vote to reduce the relevant gambling taxes was unanimous. Options Considered: 1. Approve the gambling tax rate reductions on pull tab and punchboard from 5% to 4% and social card room from 20% to 10% using the emergency ordinance and process outlined above for the effective date June 6, 2010. 2. Approve the gambling tax rate reductions on pull tab and punchboard from 5% to 4% and social card room from 20% to 10% using the standard ordinance and process outlined above for the effective date August 1, 2010. 3. Deny the gambling tax rate reductions on pull tab and punchboard from 5% to 4% and social card room from 20% to 10% and provide direction to staff. STAFF RECOMMENDATION: Staff recommends that Council approve the gambling tax reductions on pull tab and punchboard from 5% to 4% and social card room from 20% to 10% using the emergency ordinance and process. � �,�/� `,�' , CITY MANAGER APPROVAL: ,QGJ��G� S J�SI�d/J �� DIRECTOR APPROVAL: � U� � w Committee Council Committee Council COMMITTEE RECOMMENDATION: pw11D� �U -�QYw� ��`� W��N"`�'"N '�Q✓ '�� rcu�Ml'� (MW Q��" K.� C l �� c/�+w l 1� w 6�l�N ��/'� ��K' �i.i �c r t i/1 �� 1�� ,� r � 0� - t�.?� ra�e-. � 1�ov -��U� . Co ittee hair Committee Membe C mittee Member PROPOSED COUNCIL MOTION(S): "�ove approval and enactment of the gambling tax rate reductions on pull tab and punchboard from 5% to 4% and social card room from 20% to 10% wfth an effective date of June 6, 201 D. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the gambling tax rate for pull tabs; amending FWRC 3.40.040. (Amending Ordinance No. 90-15) WHEREAS, RCW 9.46.110 authorizes the City Council to establish gambling tax rates on any punchboard or pull tab activity and on social card games; and WHEREAS, the City Council established the maximum gambling tax rate of five percent (5%) on any punchboard or pull tab activity in 1990; and WHEREAS, the City Council finds that it is in the interest of the citizens to promote economic development by encouraging businesses to remain in Federal Way; and WHEREAS, current economic downturn is adversely affecting businesses; and WHEREAS, the City Council has the authority under State Law to reduce the tax rate on punchboard or pull tab activity and on social card game activity; and WHEREAS, the City Council finds it is in the best interest of the City to reduce the gambling tax rate on punchboard or pull tab activity for commercial stimulant operators, and on social card game activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.40.040 of the Federal Way Revised Code is hereby amended to read as follows: 3.40.040 Tax on gambling activities. (1) In accordance with RCW 9.46.110, there is levied upon all persons a tax on every gambling activity permitted by this chapter at the following rates: Ordinance No. 10- Page 1 of 3 Rev 1/10 (a) Any bingo or raffle activity shall be taxed at a rate of five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes; (b) An amusement game shall be taxed only at a rate sufficient to pay the actual costs of enforcement of the provisions of this chapter and Chapter 9.46 RCW and such taxation shall not exceed two percent of the sum of the gross receipts from the amusement game less the amount awarded as prizes; (c) Any punchboard or pull-tab activity for bona fide charitable or nonprofit organizations shall be at a rate of 10 percent on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Taxation of punchboards or pull-tabs for commercial stimulant operatbrs shall be at a rate of #+�ethree percent on gross receipts from the operation of the games; (d) Any social card game at a rate of ten percent of the annual gross receipts; (e) Fund-raising activities at the applicable rates specified above. Provided, no tax shall be imposed pursuant to this section on bingo, amusement games or fund-raising activities when such activities or any combination thereof are conducted by a bona fide charitabfe or nonprofit organization as defined in RCW 9.46.0209, which organization has not paid operating or management personnel and has gross receipts from bingo, amusement games, or fund-raising activities or any combination thereof not exceeding $5,000 per year less the amount awarded as cash or merchandise prizes. No tax shall be imposed on the first $10,000 of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide or charitable organization. (2) The city clerk is instructed and authorized to adopt appropriate reporting requirements, to ensure the effective administration of license holders exempt from the payment of such tax. 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, ar 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 Ordinance No. 10- Page 2 of 3 Rev 1/10 referencesthereto. 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 August 1, 2010, as provided by law. 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: ' EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 10- Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: June 15, 2010 ITEM #:��. SUB.TECT: Public Hearing and Adoption of Resolution for 2011-2016 Transportation Improvement Plan POLICY QUESTION Should City Council set a Public Hearing for adoption of the 2011-2016 Transportation Improvement Plan on July 6, 2010? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land Use and Transportation Cominittee CATEGORY: � Consent ❑ City Council Business ■ ►1 Ordinance Resolution STAFF REPORT BY: Maryanne Zukowski, P.E., Senior Traffic Engineer MEETING DATE: June 7, 2010 ❑ Public Hearing ❑ Other DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated June 7, 2010. Options Considered: 1. Authorize staff to proceed setting the Public Hearing July 6, 2010. 2. Set Public Hearing on an alternative date recommended by the committee. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the June 15, 2010 City Council Consent Agenda for approval. 1 � L CITY MANAGER APPROVAL: � % ��`�"^ � � .� �� DIRECTOR APPROVAL: � � Committee Counc�l Commi e Council COMMITTEE RECOMMENDATION: Forward Option 1 to the June 15 2010 City Council Consent Agenda for approval. Dini Duclos, Chair Member `�� ZL� � Jack Dovev, Member PROPOSED COUNCIL MOTION "I mc�v� approval of the resolution setting the date of a Public Hearing for the 2011-2016 Transportataon Improvement Plan on July 6, 2010. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # K:\COUNCIL�AGDBILLS�2010\06-15-10 TIP setting public hearing .doc CITY OF FEDERAL WAY MEMORANDUM DATE: June 7, 2010 TO: Land Use and Transportation Committee VIA: nan Wilson, City Manager/Police Chief p �.� � FROM: �"1Vlaryanne Zukowski, P.E., Senior Traffic Engineer SUBJECT: Setting Public Hearing for Z011-2016 Transportation Improvement Plan BACKGROUND In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the July 6' 2010 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the July 6`�, 2010 City Council meeting. The TIP will be presented to the Land Use and Transportation Committee on June 21, 2010. . K:\LUTC\2010\06-07-10 Setting TIP Hearing Date.doc RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, setting a Public Hearing date of Tuesday, July 6, 2010 for adoption of a revised Six-Year Transportation Improvement Program and Arterial Street Improvement Plan. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, the City of Federal Way's SEPA Responsible Official reviewed the TIP and ASIP under th� State Environmental Policy Act, RCW 43.21C, and issued a Determination of Nonsignificance on May 15, 2010; and WHEREAS, a public hearing must be held prior to the adoption of the revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section l. Public Hearin�. A public hearing shall be held on the 2011-2016 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7:00 p.m. on Tuesday, July 6, 2010, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Resolution No.10 - Page 1 of 2 Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 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: RESOLUTION NO.: Rev 4/10 Resolution No.10 - Page 2 of 2 COUNCIL MEETING DATE: June 15, 2010 ITEM #: -� _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUS.rEC'r: Agreement to Include the Construction of Private Side Sewer and Storm Stub Out as Part of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project POLICY QUESTION Should the Council authorize the City Manager to enter into an agreement allowing for the construction of, and reimbursement for, private side sewer and storm stub out as part of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY Will Appleton, P.E., Surface Water Manager MEETING DATE: 7une 7, 2010 ❑ Public Hearing ❑ Other DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated June 7, 2010. Options Considered: 1. Authorize the City Manager to enter into an agreement allowing for the construction of, and reimbursement for, private side sewer and storm stub out as part of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project. 2. Do not authorize staff to enter into the agreement and provide direction. STAFF RECOMMENDATION Staff recommends Option 1 be forwarded to the June 15, 2010 City Council Consent Agenda for approval. �; ��ao/"� . CITY MANAGER APPROVAL: �� ` /� /„� �,.. Committee '� Counal COMMITTEE RECOMMENDATION Forward Option approva . ' _ � � Dini Duclos, Chair ,�� J; APPROVAL: �_ � Committee Council the June 15, 2010 City Council Consent Agenda for Member `� !� � Ld:� � Jack Dovev, Member PROPOSED COUNCIL MOTION: "I move to ,�uthorize the Ciry Manager to enter into an agreement allowing for the construction of, and reimburse�er�{for, private side sewer and storm stub out as part of the West Hylebos Creek Culvert Replacement/Rem'oval and Flood Control Improvements Project. " (BELOW TD BE COMPLETED BY CITY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 7, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM: William Appleton, P.E., Surface Water Manager /%�� SUBJECT• Agreement to Include the Construction of Private Infrastructure as Part of the West Hylebos ' Creek Culvert Replacement/Removal and F[ood Control Improvements Projec� BACKGROUND On May 17, 2010, the Land Use/Transportation Committee forwarded the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project — 100% Design Approval and Authorization to Bid to the June 1, 2010 City Council Consent Agenda. Following the construction of the West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Project, the owners of the property, Fife Motel, Inc., Faruq Ramzanalli, Alfred Kim and Spiradex, Inc., intend to construct a multi-story hotel project on the balance of the site. Both the storm drain outfall and a portion of the sanitary side sewer for this project are within the area to be restored as part of the West Hylebos Creek Culvert ReplacementlRemoval and Flood Control Improvements Project. In order to prevent disruption of the restoration area following the completion of the SWM project, staff is requesting authorization to enter into an agreement (attached), allowing for this work to be included as part of the SWM project and paid for by Fife Motel, Inc., Faruq Ramzanalli, Alfred Kim and Spiradex, Inc. This work will be 100-percent reimbursed by the property owner and will be a separate bid schedule. The value of the work associated with this agreement is estimated to be $14,000. K:\LUTC12010\06-07-]0 Holiday Inn Agreement.doc AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FIFE MOTEL, INC., FARUQ RAMZANALLI, ALFRED KIM, AND SPIRADEX, INC. FOR THE WEST HYLEBOS CREEK CULVERT REPLACEMENT/REMOVAL AND FLOOD CONTROL IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this day of , 2010, by and between the City of Federal Way (hereinafter "City") and Fife Motel, Inc., Faruq Ramzanalli, Alfred Kim, and Spiradex, Inc. (hereinafter collectively "Property Owner"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to construct the West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements (hereinafter "Project"); and WHEREAS, the Property Owner has conveyed to the City a permanent easement for the construction and maintenance of the Project at no cost to the City; WHEREAS, a portion of the Project is located on the property owned by the Property Owner where the City has a permanent easement for the purpose of designing, constructing and maintaining the Project. The Project scope consists of, among other things, restoring a portion of the property by planting with native plants; and WHEREAS, the Property Owner proposes to develap the property after the completion of the Project. The development requires installing a sanitary service lateral and a storm line in the area that will be restored by the City's Project; and WHEREAS, the Property Owner can achieve cost savings by contracting with the City to perform certain services for the Property Owner, including letting a Public Works construction contract for the installation of a section of the sanitary sewer service lateral and a section of the storm line within the area that will be restored in connection with the Project (hereinafter "Property Owner Work"); and WHEREAS, the City can achieve an environmental benefit by performing Property Owner Work for the Property Owner thus eliminating the need to disturb the restoration area a second time. NOW, THEREFORE, it is hereby covenanted and agreed by and befinreen the Parties hereto as follows: BIDDING AND CONSTRUCTION. A. It is the intention of the City and the Property Owner that the Property Owner's plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. Schedule "C" in the Project contract bid form, as described in Exhibit A attached hereto and incorporated herein by this reference, is set up to identify the Property Owner Work. Page 1 May 2010 B. Following opening of construction bids on the Project, the Property Owner shall be furnished with the bid responses submitted for the Prope�ty Owner Work for the Property Owner's approval. Within five (5) calendar days of receiving the bid prices, the Property Owner shall notify the City in writing that the Property Owner either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. If the Property Owner approves their portion of the bid award, the Pcoperty Owner shall also send the City a check in an amount equal to the total bid amount of Schedule C of the Contract. The check shall be payable to the City of Federal Way, 33325 8 Avenue South, Federal Way, WA 98063-9718. The said check shall be received by the City within five (5) calendar days of the Property Owner receiving the bid prices. In the event that the City does not receive the Property Owner's decision and the check within the above specified time frame, the City shall construe the Property Owner's inaction as rejection of all bids, the Property Owner Work shall then be deleted from the project contract, and the City shall proceed with its portion of the Project. The City shall not proceed with the Property Owner Work until the City has received approval from the Property Owner for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the Property Owner, are acceptable to the Property Owner for the Property Owner Work, the Property Owner shall so immediately notify the City. The Praperty Owner Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Agreement shall terminate effective the date of the Property Owne�'s notice to the City of the Property Owner's rejection of all bids, or in case no notice and check are received by the City, on the fifth day after the Property Owner receiving the bid prices, whichever is earlier. II. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The Property Owner grants to the City Public Works Director and/or his or her designee authority to act on behalf of the Property Owner su�cient to carry out the provisions of this Agreement. B. The Property Owner shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the Property Owner Work, which changes shall be made, if feasible. The City shall notify the Property Owner, in writing, of any changes required of the Property Owner Work and shall obtain the Property Owner's approval of such changes. The Property Owner's approval shall not be unreasonably withheld. The Property Owner shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the Property Owner. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 2 May 2010 III. PAYMENT. A. The Property Owner shall compensate the City for all costs incurred by the City in performing the Property Owner Work, which costs shall include but are not limited to the Property Owner Work performed by the Project contractor(s), and all Property Owner required and requested changes. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, depending on whether the final costs of the Property Owner Work including all Property Owner required and reques#ed changes, is equal to, over, or under the amount previously paid by the Property Owner to the City, the City shall send the Property Owner either a notice of project completion, a final invoice to the Property Owner for any final payment due, or a check to reimburse the overpaid amount. The final notice, payment, or reimbursement check shall, in effect, transfer ownership of these storm line and sanitary service lateral and appurtenances to the Property Owner and the Property Owner shall thereafter be responsible for maintenance of such facilities. C. The payment to the City, if applicable, shall be due from the Property Owner to the City within thirty (30) days after the invoice is received by the Property Owner. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. IV. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the Property Owner, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The Property Owner agrees to indemnify and hold the City, its elected officials, o�cers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (inctuding costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the Property Owner, its agents or employees, or by Property Owner's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. V. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the Property Owner rejects all bids, by either notifying the City explicitly, or being construed with its inaction, or (2) the City Council accepts the completion of the project, whichever is earlier. West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 3 May 2010 VI. OTHER PROVISIONS. A. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. B. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Property Owner. Adherence to deadline dates is essential to the performance of this Agreement. C. 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. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be perFormed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year fi�st above written. DATED this day of , 2010. CITY OF FEDERAL WAY Brian J. Wilson, City Manager\Police Chief 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: City Clerk, Carol McNeilly, CMC K:\CONTRACT�2010\W Hylebos Creek Agreement.doc West Hylebos Creek Cutvert Replacement/Removal and Flood Control Improvements Page 4 May 2010 DATED this day of 2010. PROPERTY OWNER FIFE MOTEL, INC. By: Jong Soo Park, President 706 S Marine Hills Way Federal Way, WA 98003 Phone STATE OF WASHINGTON COUNTY OF ) ) ss. ) On this day personally appeared before me Jong Soo Park, to me known to be the President of Fife Motel, Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses a�d 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 2010. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements Page 5 May 2010 DATED this day of STATE OF WASHINGTON COUNTY OF ) ) ss. ) , 2010. PROPERTY OWNER FARUQ RAMZANALLI By: Signature Address City/State/Zip Phone On this day personally appeared before me, Faruq Ramzanalli, a married person, 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 o�cial seal this day of West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements 2010. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Page 6 May 2010 DATED this day of STATE OF WASHINGTON COUNTY OF ) ) ss. ) , 2010. PROPERTY OWNER ALFRED KIM By: Signature Address City/State/Zip Phone On this day personally appeared before me, Alfred Kim, a single person, 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 2010 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Page 7 May 2010 DATED this day of 2010. PROPERTY OWNER SPIRADEX, INC. � Ed Kim, President 2200 Sixth Avenue, Ste. 520 Seattle, WA 98121 Phone STATE OF WASHINGTON COUNTY OF ) ) ss. ) On this day personally appeared before me Ed Kim, to me known to be the President of Spiradex, Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 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 West Hylebos Creek Culvert ReplacemenURemoval and Flood Control Improvements 2010. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires Page 8 May 2010 West Hylebos Creek Culvert ReplacementlRemoval and Flood Control Improvements Exhibit A Bid Form Schedule C West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements Page 9 May 2010 Note: Costs presented are estimates only. Actual costs incurred will be used to calculate final Property Owners cost. 15 COUNCIL MEETING DATE: June �i2; 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� SUB.TECT: 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 Committee (PRHSPS) CATEGORY: � Consent 0 Ordihance MEETING DATE: June 8, 2010 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY Ra� Emer ,enc 1Vlana�ement Coordinator DEPT: Public Works - �---._._...._.___._._..__.��._,.�._-----......__ � _..._._...__..� _ Y _ - ---------._.._�._�_�. .�__----...__ 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 /r.- - -- CITY MANAGER APPROVAL: �, l,i•Ic.,� S� �`W" Committee Council APPROVAL: ,�-- �'1� Committee Council COMMITTEE RECOMMENDATION: Committee recommends Option 1 be forwarded to the June 15 , 2010 City Council Consent Agenda for approval. / 7 Jeanne Burbidge, Chai�- Mike �l�mber ` Rog� Freeman, Member PROPOSED COiJNCIL MOZ`ION "I move to authorize staff to awurd funding via the City of Federal Way Emergency Preparedness Assistance Grant to qualifyingprojects. The balunce of this fund is returned to the budget us a one time available funding that can be factored in either 201 D or us part of the 2011-12 budget. " (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 (ordirrances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 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. T'he 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 COUNCIL MEETING DATE: June 15, 2010 ITEM #: _..... _..._ ................................................................................._......................................................... ..................._.......__.........................._........................_...._.........___..........._.._......_......................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Sus.rECT: INTERLOCAL AGREEMENT FOR FEDERAL WAY SCHOOL DISTRICT NO. 210 AND FEDERAL WAY COMMUNITY CENTER FOR 2010-2011 5CHOOL YEAR POLICY QUESTTON 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 Communiry Center aquatics and recreation services for individuals with disabilities as well as the Federal Way High School Swim Teams? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ C Cou B us in ess STAFF REPORT BY: DouS N Attachments: Memorandum ❑ Ordinance ❑ Resolution Recreation Sunervisor Interlocal Agreement Options Considered: MEETING DATE: June 8, 2010 ❑ Public Hearing ❑ Other DEPT: PRCS 1) Authorize the City Manager/Police Chief to enter into an Interlocal Agreement with Federal Way School District No. 210 for the 2010-201 ! school yea, far the purpose of providing Community Center aquatics and recrearion 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 �.greement with Federal Way School District No. 210, and provide staff with further direction. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: ,c� �vr�lG.-, s` � ��W U (J• �� ` / DIRECTOR APPROVAL: �/ �n � C� Committee Council Committee Council COMMITTEE RECOMMENDATION: OPTION �,� f � Comrnittee Chair Member er �ftoPOSED CoUNCIL MoTION: `7 move approval to authorize the City Manager/Police Chief to enter into un Interlocal Agreement with Federal Way School District No. 210 for the 2010-2011 school year, for the purpose of providing Com�nunity Center aquutics and recreation services for individuuls with disahilities us well us the Federul Way High School Swim Teams. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFERRED/NO ACTION _ Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL 5ERVICES 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 Policv Ouestion 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? Backaround 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 Communiry 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 staff'ing 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. 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 ofthe 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 tern�s 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 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 abreement, 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 chaY•ges, 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 Agr�ement 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 � 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 Covera�e. 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 a11 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 Term of this 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 DamaQe to FacilitX. 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 Covera�e. Coverage shall not contain pool, diving board or fitness area exclusions. 5. S 5�:1•vival. T'he provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or terrr.ination. VI. INDEMNIFICATION 6.1 Hold Harmless. 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 Obli a� tions. 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 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 tertnination. VIL 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 c�mpetitive 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. � 7.2 Safetv 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 ef�ect 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 III, 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 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 Assi _g,nment. Neither the City nor the District shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 8.6 Attornev 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 sha11 submit written notice of the intent to arbitrate along with the basis far the dispute. Following receipt ofthe notice to arbitrate, the other Partymayrequest 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 n.o 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 ofthe State of Washington. The arbitrator's decision shall be binding upon both Parties. �� 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 O�portunity 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 CITY OF FEDERAL WAY : 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\FWSD\ILASchoolDistPoo110 : 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 stafftime for each staff person present before or after normal operating hours. 0 COUNCIL MEETING DATE: Jtme l�, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBTE C'r: Co mm u nity 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? ITEM #:�_ COMMITTEE PRHS&PS CATEGORY: � Consent ❑ City Council Business � � Ordinance Resolution MEETING DATE: June 8, 2010 ❑ Public Hearing ❑ 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 Comrnission 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 comrnit to their original applicarion. Based on the agency's lack of commitment to perform the outcomes speci�ed on the application, Federal Way youth will not be provided services at an acceptable level. The Coininission 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 recommendarion, 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. Scenurio B is the approved contingency plan where the dollars originally allotted to Big Brothers Big Sisters would be equally distnbuted 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 far CDBG Public Service Funding as outlined in the attached letter. Option B: Fund all approved agencies as outlined in Scenur�io A. pa�e i ot�z STaFF RECOMMENDATTON: The Human Services Commission and staffrecom�nends Option A, that forn�al notiticatio» via the attached letter be sent to Big Brothei Bi� Sisters alerting them that t1�e City will not execute the 20l 0 contract for services. Second, that Scencn�io B is accepted as the alte��native plan pursuant to the original contingei�cy plan adopted by the Council in 2008. CITY MANAGER APPROVAL: ,L�.�/ sla '��' `' �� DIRECTOR APPROVAL: civ� Committee Council Committee Council COMMITTEE RECOMMENDATION: I move approval of option � � Jeanne reeman, Member � Michael Par�l,�lVlerffber /� ,'� Li' L PROPOSED COiTNCIL MOTION: `7 move approval ofoption " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 Enactment reading ORDINANCE # RE50LUTION # K\CD Hwnan Services\.4genda Bill - CDBG ZO10 PabGe Setvices .4wazdsdoc Page 2 of 2 ��'� €�� "'� �� MEMORANDUM To: Pa��ks, Recreation, Human Services, and Public Safety Council Committee FxoM: Lynnette Hynden, Human Services Division Manager V�A: 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 forwaxd 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 Corrunission was briefed on the performance issues surfacing with Big Brother Big Sister's Program compliance. The outcomes and perfoi 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 engaged in a dialogue with staff in ordeT to come to a mutual agreement on perfol7nance 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 Famil Develo ment $15,225.00 $18,225.00 FW Senior Center $16,000.00 $17,983.00 HealthPoint $15,104.00 $15,399.00 Bi Brothers Bi 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 Cominission and staffrecommends that formal written notification be sent to Big Brothers Big Sisters alertmg 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:ACD Human SemicesVCDBG Public Servfce Memozu�duin 2010.DOC Page 2 of 2 ` CITY OF �. Federal Jwle 8, 2010 CITY HALL W �� 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederalway. com Patrick D'Amelio Director of Program Performance Big Brothers Big Sisters of Puget Sound 1600 South Graham Street Community Development Block Grant (CDBG) Puget Sound (Federal Way Youth Mentoring) .�, This letter is to inform you of the Cit uf Big Sisters of Puget Sound Federal Way fimds will be made available to this pro� On December 21, 2009, City staff bring the performance of the progr performance was reported to be si€ number of actions thatr!�i�v:;:�taff a; Big Sisters of �'funding for the Big Brothers 0 CDBG Public Service �r agency sf�f� #� ��t�rmine corrective actions needed to agreed under t1�e �009 contract for services, as ;l:ow agreed upon levels in 2009. Your agency suggested a igency detailing a corrective action plan with certain specific acrions. to your agency seeking a response to the items in the ;n reparted to the City and the due dates had passed. ;rs issued a letter to the City that indicated that the program service levels. On March 1, 2010, Big Brat�er� $�� isters provided some information on acrions taken on the corrective action plan in an email. Big ��s Big Sisters program contact Jolynn Kenney stated that, "If funding per child was not increased BBB�PS 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 prelinvnary CDBG Public Services award for the Federal Way Mentoring Program and voted to Pa�rick D�Ainelio Page 2 June 8, 2010 recommend to tl�e Ciry Council fllat tl�e Cit��s fiinding of the Uro� am be discontinued in 2010, and have the Co�mcil take acrion to not enter into a contract for t1�is service in 2010. The Council's action confirming this recommeiidation was taken on Jui�e 15, 2010. The rationale for this decision was that the Federal Way Mentoring co�r�etitive application upon which the preliminary award was bas Services Commission to be able to effectively and responsibly �ant The Corrunission factored into consideration the low per�i from effarts to address that concern, and indications from new �natches in Federal Way without a change in the perf� Yow� Agenc_y's proposal of modifying the performance goals service delivery issue was considered by the Human Services Commission, however, did not approve that request. As a result of this decision, the City of Federal W Brothers Big Sisters for the Federal Way Mentori; osed in the to the Human hat it wou1� or funding 1 as a way to address the �uman Services enter into a'contract with Big Please be advised that the responsibilities of rece�xd k�eping(�#�tl other f��;�'�l compliance requirements specified in the 2009 and previous contract� �nll s:tiil apply :�o your A.ge�icy; and as a past recipient of federal funds your agency is required to �eet;�ll applicab3�;�t�te. a.n:� �ederal requirements tied to the use of those funds. Please refer to the 2009 contra�t and all previ�u� can��cfs far a listing of these requirements. Please contact CDBG / HS Grant Ccac7rii�nat�� Kolya McCleave at kolya.mccleave@cityoffederalway.com, ar 254-835-2653, if you have any qu��iD��.O�',:EOncerns. Sincerely, L c: Greg Fe��ins; T��Yi Kolya McCleave; Kathy Tremper, B Manager Services Department K��CD Human Service�A20I0 Cnntract Cancellation 5-20-2010-doc COUNCIL MEETING DATE: June 15`�', 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:_�_h SuBJECT: Acceptance of grant funds from the Washington Traftic Safety Commission, (WTSC), to purchase eight hand-held Radar/Lidar speed-measuring devices. No replacement reserve money is currently collected for these equipment items. PoL�cY QuESTION: Shoa�ld the City of Federal Way /Police Deparhnent uccept and use grant f.�nds offered by the Wnshington Traffic Safety Commissioiz, (WTSC), to�i.��°clzase eight han�l held laser-rnd�ar i�nits for• tl�e Police Traffic Section, to replace older devices in disrepaii°? The g�°ant �noney is expected to be $14,323.03 COMMITTEE Parks, Recreation, Human Services and Public Safety Council Comnuttee - (PRHS&PS) CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: CHRIS ❑ Ordinance ❑ Resolution CONIMANDER Attachments: 1. PRHS&PS Staff Meino MEETING DATE: ❑ Public Hearing ❑ Other DEPT: Police Depai�hnent Options Considered: 1. Purchase replacement laser/radar devices using available WTSC graut money. 2. Purchase replacement laser/radar devices using existing budgetaiy fiulds. STAFF RECOMMENDATION: 5taff recommends Option 1. CITYMANAGERAPPROVAL: � �i�2 �' Conmlittee Coimcil COMMITTEE RECOMMENDATION: PRPS recommends Option � Coiiunittee Chair Member APPRO VAL: Conunitt �� s� � ° cou o;l er �ROPOSED CoU1vCIL MoTION: '7 move appi��oval of t7�e reqi��est hy the Police Depccr�tment to purclaase eiglit r•eplcacement lase�/r•c�dar devices for the Tr��tffic Section and cri�thor•ize City Manager/Police Cliief Bricr�i Wilso�z to accept and use the available grant snoney" (BELOTV TO BE CONIPLETGD BY CITY CLERKS Ol%FICE) COUNCIL ACTION: ❑ APPROVF.D ❑ D�NIED ❑ TABLED/DEFEI2R�D/NO ACTION ❑ MOVED TO S�CONl) READING (or•dinances nnly) R�VISED — 02/06/2006 � COUNCIL BILL # 1' readin� Guactment rcading ORDINANC� # 12ESOLUI'ION # 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. Back�round LIDAR-RADAR devices a��e a proven and effective tool for measuring s�eed 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 offei grant funding to purchase replacement LIDAR-RADAR devices for the Traffic Unit. This gi money is credited to FWPD by the Safe�y 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 holdeis for the police motorcycles. Proposal� The Police Department is seeking council approval to purchase five (5) hand held LIDAR units, three (3) RADAR uni�s and eight (8) LIDAR-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. COUNCIL MEETING DATE: June 15"', 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� SuB.rEC'r: Interagency Ag► between Washington State Patrol and Federal Way Police Department PoLICY QuESTTON: Slzould the Fedei°al Way Police Depa�°tment enter into this agreement with WSP to maximize the a�tilization of commercial vehicle, driver and ca��go inspection resources, avoid diiPlication of effort and provide FWPD access to the Federal Motor Carrier Safety Administration 's ASPEN software. COMMITTEE Parks, Recreation, Hurr�an Services and Public Safety Council Conuluttee - (PRHS&PS) CATEGORY: � Consent ❑ Ordinance ❑ C Cou n c il B ❑ Resolution STAFF REPORT BY: CHRIS NORMAN, COMMAIVDER Attachments: 1. PRHS&PS Staff Meino. 2. Interagency Agreement. MEETING DATE: Jtme 8�', 2010 ❑ Public Hearing ❑ Other DEPT: Police Deparmlent Options Considered: 1. Accept the Interagency Agreement wifli WSP for Coinmercial Vellicle inspections. 2. Do not accept. STAFF RECOMMENDATION: Staff recommends Op�ioi� 1 _ _ _---- ' � CITY MANAGER APPROVAL: � �� APPROVAL: Corrunittee Council Commi e COD71V1ITTEE RECONIlVIENDATION: PRHS&PS recoinrnends Option � . Conuluttee Chair ee Member / / �a �ROPOSED CoIJNCIL MoTION: I move for appr�oval of the Interagency Agr•eeinent between W�zshington State Patrol and Federal Way Police Departntent for Commercial Vehicle Inspections, effective with the daze of t/1e final signature on the Agreeynent for a period of five (S) yen�°s, and azrthorize City Manage�° / Police C11�ief Brian Wil,son to sign sueh Agreement. " (BELOW TO BE CODIPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ AYPROV�ll COUNCIL BILL # ❑ DENIED 1' reading ❑ TABLED/DEFERRED/NO ACTION Enactnient reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED-02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL� COMMITTEE STAFF REPORT DATE: June 8, 2010 TO: Parks, Recreation, Human Services and PuUlic Safety Council Committee VIA: Brian J. Wilson, City Manager/Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Interagency Agreement Uetween Washington State Patrol and Federal Way Police Department Backyround 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 Depa� wishes to enter this interagency agreement with Washington State Pati to maximize the utilization of commercial vehicle, driver and cargo inspection resources and to avoid duplication of effort. The agreement will expand the numUei• of inspections perfoimed in Federal Way, improve uniformity of inspections conducted by tbe respective agencies and minimize delays to the driver's and their cargo. This agreement will also provide FWPD with access to the Federal Motor Cai7ier Safety Administration's ASPEN software that allows uploads into the national management dataUase. 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 commerciat 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 laws. Page 1 of 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 O�ce 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: Captain Darrin Grondel Commercial Vehicle Division PO Box 42614 Olympia WA 98504-2614 For FWPD: Chief A. Hwang Federal Way Police Department PO Box 9718 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 hereta 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 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: Signature Date For Federal Way Police Department: Signature Date APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 06/04/2008 Page 3 of 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 Altiance (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 II 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. Page 4 of 8 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. Page 5 of 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 (ISS) 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) Trainin . 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. 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) Trainin . 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 purchased by FWPD with Agreement funds will be owned by FWPD. FWPD shall be responsible for any and all operation, maintenance, replacemen#, and for the safe operation of such equipment, including all questions of liability. c. Equipment Management. If WSP reimburses FWPD for the purchase of equipment associated with this Agreement, FWPD shall manage that equipment according to the following: 1) Eauipment 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 fo� 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 invo�ving 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 loss, 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) Disqosition of Equipment. If FWPD is authorized or required to sell the property, Page 7 of 8 proper sales procedures must be established to ensure the highest possible return. When original or replacement equipment is no longer 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 less than $5,000 may be retained, sold or otherwise disposed of by FWPD with no further obligation to WSP or the awarding agency. Page8of8 COUNCIL MEETING DATE: June 15, 2010 CITY COUNCIL AGENDA BILL ITEM #: 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 CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: Assistant Chief Attachments: 1. PRHS&PS Memo 2. BVP Application ❑ Ordinance ❑ Resolution Hwane MEETING DATE: June 8, 2010 ❑ Public Hearing ❑ Other DEPT: Police Department 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: �I � Committee COMMITTEE RECOMMENDATION: PRPS recommends Option � Committee Chair CITY OF FEDERAL WAY r Member APPROVAL: �ROPOSED COUNCIL MOTION `7 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 BYCITYCLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACT[ON ❑ MOVED TO SECOND READING (ordinances only) REV[SED — 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # � 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 ec�uals seventy-eight (78). The i°ecommendation to apply for half of the vests (39) during the 2009 BVP grant application process �vas 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 Uy 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 fi 2010 Police salaiy 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. cr�� zzzt-a�s� �Qrf:ion �pplic�tion > Sub��it Ap�fi�ation > €�ending k3:1� ,��pravaf r�x��r�s: i �i3b/zc:r,c} Yau have sucr.essf�Ely subn�itted yaur ap�licatican fc�r fi�ndinc� far� f3V� ap�3��vaE. The appE p3 r�ay take s�veral ti��ee6�s from the appfic�tion cfosing date. A confirmatiar em�il has been sQnt to jeannP.sc.liE r`�n en�ai! a��3E advisc�ry v,ill afso I�� s,Yn�: to j�ar3r3E.sct�rc�ecicrf�ci�yo�f�:c��rairva� VvE'3E!Il ��iE' J7CU(�. fi3f3't d�3�i"4Vi�IS i�Cf:' CUtI�E�IE.'�Cfj. fil�C�1�14C1i��I yflu rnay check the status af you.3- applicatian t�y seleetin� aption ,' �IRjJIECdtIOfF Hlc�Ofy' in the 3i�r�i� CIIC�I+�EI 's E-lancibao�. Thank ya�3 i�ar� y��r cor�tirtueci ��a�:i�:r�c�. f+�r� ��crur r�efer�Eice, the ��U3T1R"Ed3"y C��1�d ��}E' YCtE3' A�'l�JIIC�f:lOfl t0t' �`�f11�i�ECJ !S IIS1:�d bBlC �� a��a��a 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 ^ Important: You can click on the 'Print Screen' button below to keep a copy for your records. `�::F*r�n� Sc��;��1 >;::: COUNCIL MEETING DATE: June 15, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� Sus.rECT: Wildwood NTS - S 308 St(18 Ave S to 22 Ave S) and 18 Ave S, 20 Ave S& 22 Ave S (S 308 St to S 312 St) POLICY QUESTION Should the Council approve the installation of two s�peed humps (total eight speed humps) on each of the following streets? (S 308`�' St, 18`� Ave S, 20` Ave S& 22" Ave S) COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: 7une 15, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Jesse_Hannahs, P.E., Senior Traffic En�ineer DEPT Public Works J"' Attachments: Land Use and Transportation Committee memorandum dated June 7, 2010. Options Considered: 2. 3. 4. Authorize the installation of four speed humps on S 308�' St and 20''' Ave S during 2010 and four speed humps on 18`�' Ave S and 22° Ave S in 2011. Authorize the installation of all eight speed humps on S 308` St, 18`" Ave S, 20`�' Ave S and 22 Ave S during 2010. Authorize the installation of a number of speed humps in a given year and at given locations and provide this direction to staff. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. STAFF RECOMMENDATION Staff recommends forwarding Option 1 to the June 15, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: ��`�" �'�� lJI�DIRECTOR APPROVAL: �� Committee Council CommitteL Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the June 15`�', 2010 City Council Consent Agenda for approval. ,,-�� „ Dini Duclos, Chair Member -e� � c�;�e �. Jack Dovey, Member PROPOSED COUNCIL MOTION "I mqv�'to authorize the installation of four speed humps on S 308` St and 20`" Ave S during 2010, and four speed'�iumps on 18`" Ave S and 22 Ave S in 2011. " (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: June 7, 2010 Land Use and Transportation Committee Brian Wilson, City Manager/Police Chief Jesse Hannahs, P. E., Senior Traffic Engineer � �� Wildwood NTS - S 308 St (18 Ave S to 22 Ave S) and 18 Ave S, 20 Ave S& 22 Ave S(S 308 St to S 312 St) BACKGROUND: Residents in the vicinity of the intersection of S 308`� Street & 20`� Avenue S submitted a petition requesting the installation of traffic calming devices to control vehicle speeds in an effort to increase vehicular safety and reduce private property damage at this intersection. A traffic study was conducted and the results are as follows: • Average Daily Tra�c (ADT): S 308` St = 1038 20`" Ave S = 909 • 85`�' percentile speed: 30 mph (S 308` St & 20` Ave S) • Steel Lake Park Present • S-Year Collision History: S 308` St = 2 Collisions with no injury 20` Ave S= 3 Collisions with no injury Based on the current adopted NTS installation criteria (see Table 1 below), both � 308`� St & 20`�' Ave S scored 3.0 total severiry points. This reaches the minimum 3.0 severity point to qualify for the installation of traffic calming devices. Point ! Scale ! 0.0 0.5 1.0 1.5 2.0 2.5 3.0 Legend = Percentile 0-25 26 - 27 28-29 JV � Jl 32 - 33 34-35 36+ Table 1 Average Daily Location Traffic (ADT SchooUPark 0 -1 000 No 1 001-1800 Yes � , 1,801 — 2,600 2,601 — 3,400 3,401 — 4,200 4,201 — 5,000 5,001+ �e S S 308`" St � � � � 5-Year Collision Total In'ur 1 - 2 - 3 1 4 - 5 2 6 - 7+ 3+ Fatal 1 2+ A neighborhood traffic safety meeting was held on March 8, 2010 at Truman High School to discuss potential traffic calming devices that could be implemented at the intersection of S 308`�' St & 20`� Ave S. At the meeting, residents also raised similar safety concerns regarding both 18` Ave S& 22 Ave S between S 308"' St & S 312 St. Concerns were raised of existing street lighting and whether a few Wildwood NTS January 14, 2008 Page 2 additional streets lights could be installed at certain locations to improve pedestrian safety as pedestrians do not have sidewalks in much of the neighborhood. A common concern among citizens was that installation on only 20�' Ave S(of the north-south streets) would result in many drivers diverting to either 18`� Ave S or 22 Ave S to cut through the neighborhood. City staff agreed to inquire with PSE regarding the feasibility of installing additional street lights. That inquiry is underway. Additionally, staff determined that an additional traffic study of 18`� Ave S and 22 Ave S was needed and if the criteria were met, traffic calming devices would also be considered in the balloting process. The group consensus was to have the City construct the following improvements to be effective in reducing speeds, vehicular accidents and personal property damage along S 308�' St, 20`� Ave S, 18�'Ave S and 22" Ave S: 1) Install three speed humps on S 308�' St between 18�' Ave S and 22 Ave S. 2) Install two speed humps on each of 18"' Ave S, 20�' Ave S and 22" Ave S. Following the March 8` NTS meeting, a traffic study was conducted for 18�' Ave S and 22" Ave S and the results are as follows: • Average Daily Tra�c (ADT): 18`" Ave S= 1564 22"` Ave S = 400 • 85` percentile speed.• 18` Ave S= 29 mph � 22" Ave S= 30 mph • Steel Lake Park Present = 22" Ave S only (not 18 Ave S) • S-Year Collision History: 18` Ave S= 7 Collisions with no injury 22" Ave S= 2 Collisions with no injury Based on the current adopted NTS installation criteria (see Table 1 below), 18�' Ave S scored 4.5 total severity points and 22° Ave S scored 2.5 total severity points. Point 85th Percentile Scale '. 0.0 0.5 1.0 1.5 2.0 2.5 3.0 Legend = 0-25 26-27 28 - 29 JV � Jl 32 - 33 34 - 35 36+ 1 � Table 1 Average Daily Location Traffic (ADT SchooUPark 0 -1000 No 1,001-1,800 Yes 1,801 — 2,600 - 2,601 — 3,400 - 3,401 — 4,200 - 4,201 — 5,000 - 5,001+ - 22" Ave S 5-Year Collision Total In'ui� 1 - 3 4 5 6 7+ w 0 s 0 s m Fatal 1 2+ Despite 22 Ave S scoring only 2.5 total severity points and based upon the concern that installing speed humps on both 18�' Ave S and 20` Ave S could feasibly divert traffic onto 22 Ave S, staff determined that balloting 22 Ave S was also warranted. K:�L,UTC�2010\6-7-10 Wildwood NTS - S 308 ST (18 AV S to 22 AV S) + 18 AV S 20 AV S 22 AV S(S 308 ST to S 312 ST).doc Wildwood NTS January 14, 2008 Page 2 The following are the proposed speed hump locations: a. 1902 S 308`� St b. 2014 S 308�` St c. 30823 18�' Ave S d. 31010 18�' Ave S e. 30838 20`" Ave S f. 31016 20�' Ave S g. 30840 22" Ave S h. 31026 22° Ave S In accordance with established NTS policies, staff sent ballots to property owners and occupants within 600 feet of the proposed traffic calming device locations and also to those with the proposal located along their sole access route. One identical ballot was sent, however a vote on each potential street was offered. The following table suxnmarizes the ballot results: 1 �. Ballots Sent 556 Undeliverable Ballots 33 Ballots Returned 102 20% Returned w/o Res onse 6 Overall Street Residents Street A roval % Onl A roval % S 308` St 75% 78% 18�' Ave S 72% 61 % 20 Ave S 73% 91% 22 Ave S 67% 88% One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the ballot results represented in the above table, all balloted streets exceeded this majority. The estimated cost of this project is approximately $30,000, which falls beyond the $15,000 per neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000 with $20,000 designated specifically for schools. At this time, three other NTS petitions have been submitted this year with one meeting the criteria and two currently under evaluation. Based upon the existing available NTS budget and assuming that budget is available for 2011, staff thus recommends phasing the installation over two years to adequately provide for other current neighborhood NTS requests. As the initial petition was submitted based upon concerns with S 308�' ST and 20`� AV S, the staff recommendation is thus to install these speed humps in 2010 with the remainder on 18`� AV S and 22 AV S to be installed in 2011 to address the potential traffic diversion to these streets. cc: Project File Day File K:\LUTC\2010\6-7-10 Wildwood NTS - S 308 ST (18 AV S to 22 AV S) + 18 AV S 20 AV S 22 AV S(S 308 ST to S 312 ST).doc COUNCIL MEETING DATE: June 15, 2010 CITY OF FEDERAL WAY ITEM #:�_ CITY COUNCIL AGENDA BILL SUBdECT: FISCAL YEAR (FI� 2010 EDWARD BYRNE MEMORIAL JUSTICE GRANT (JAG) POLICY QUESTION Should Council approve application for FY 2010 Edward Byrne Memorial Justice Assistance (JAG) grant program? COMMITTEE Parks, Recreation, Human Services and Public Safety CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: June 8, 2010 ❑ Public Hearing ❑ Other STAFF REPORT BY: Cathy M. Schrock Civilian O erations Manager DEP'r: Police _ .................._.........__...................._.................................................................................................._._.............................................................�.................................................................... _._._............................................................ ATTACHMENTS: 1. PRHS & PS Staff Memo 2. Application Guidelines Summary & Allocations OPTIONS CONSIDERED: Authorize the application for FY 2010 Edward Bryne Memorial Justice Assistance (JAG) grant program? 2. Deny application of the FY 2010 JAG grant program. STAFF RECOMMENDATION Staff recommends approving Option 1. CITY MANAGER APPROVAL:-;`�1�� D APPROVAL• � �•.-.- � � �� Committee Council � Commitfee Co�� PROPOSED COUNCIL MOTION: "I move to authorize the application for Fiscal Year (FY) 2010 Edward Byrne Memorial Justice Assistance (JAG) grant program in the amount of $ 48, 623. " COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CnMMITTF.F. RF.CnMMF,NDATInN: Motion to annrove Ontion � CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 2, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Chief of Police FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: FY ' 10 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Background JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Application to the FY 2010 Edward Byrne Memorial Justice Assistance Grant with ensure the services to be performed under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42.U.S.C.3751(a.) The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. Program Description: Technology and equipment improvements to enhance efficiencies in the Police Department and Municipal Court. Specific projects are currently being evaluated and prioritized. Project Funding: $48,623 Program Need: Provide investments needed to increase economic efficiency by spurring technological advances to enhance safety and create efficiencies that allow officers and staff more time serving the citizens of Federal Way. Staff recommendation Staff recommends the approval to submit application for the YR ' 10 JAG Grant in the amount of $48, 623. Committee recommendation Forward to full council at the regular meeting June 15, 2010 authorizing the City Manager/Police Chief to submit the application no later than June 30, 2010. APPROVAL OF CQMMITTEE REP4RT: Committee Chair Committee Member Committee Member 2010 WASHINGTON JAG ALLOCATIONS Listed below are all jur�sdictions in the state that are eligible for a 2010 JAG grant award, as determined by the JAG formula. If your jurisdiction is listed with another city or county government in a shaded area, you are in a funding disparity. In this case, the units of local government must develop a Memorandum of Understanding (MOU) and apply for an award with a single, joint application. Finding your jurisdiction: (1) Disparate jurisdictions are listed in shaded groups below, in alphabetic order by county. (2) Eligible single jurisdictions are listed alphabetically below the shaded, disparate groupings. State Jurisdiction Name Joint Formula-based Application Government Type Individual (Disparate) Amounts (') Award Amounts T�A ��'��'T'�` -�fi�ty' �� WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA wa WA WA WA WA WA WA WA WA WA AUBURN CITY BELLEVUE CITY BELLINGHAM CITY BREMERTON CITY BURIEN CITY DES MOINES CITY EVERETT CITY � FEDERAL WAY CITY GRANT COUNTY KENT CITY KIRKLAND CITY KITSAP COUNTY LACEY CITY LAKEWOOD CITY LYNNWOOD CITY MARYSVILLE CITY MASON COUNTY MOSES LAKE CITY MOUNT VERNON CITY OLYMPIA CITY PORT ORCHARD CITY PUYALLUP CITY REDMOND CITY RENTON CITY SEATAC CITY SHORELINE CITY SKAGIT COUNTY SNOHOMISH COUNTY SPOKANE VALLEY CITY THURSTON COUNTY TUKWILA CITY UNIVERSITY PLACE CITY WHATCOM COUNTY Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal County Municipal Municipal County Municipal Munieipal Municipal Municipal County Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal Municipal County County Municipal County Municipal Municipal County $42,784 $25,319 $29,143 $51,155 $28,$85 $17,052 $90,426 $48,623 $12,298 $84,277 $13,176 $92,803 $14,313 $79,730 $19,429 $13,176 $19,635 $13,125 $12,608 $21,495 $10,334 $20,307 $10,696 $42,164 $23,511 $18,240 $12,763 $92, 338 $44,231 $44,076 $26,766 $14,210 $21,340 State award $5,497,422 3 B� �` 3� � � i fi_:, A '� * Counties that have an asterisk (") under the "Formula-Based Individual Amounts" column did not submit the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping indicated by the shaded area. The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding (MOU). A sample MOU is provided online at: httu://www.oi p.usdoi.qov/BJA/q ra nUiaa 10/10JAG MOU. odf . 'Formula-Based Individual Amounts - Disparate jurisdictions do not need to abide by the listed individual amounts which are provided for information only. Jurisdictions in a funding disparity are responsible for determining individual allocations within the Joint Application Award Amount and for documenting individual allocations in the MOU. Additional JAG Frequently Asked Questions can be found on the BJA JAG web page at: htta://www.oia.usdoi.aov/BJA/aranUiaq.html. U.S Department of Justice Office of Justice Programs Bureau of Justice Assistance • . i zh ,�� 1�� ;�; The U.S. Denartment of Justice, Oifice of Justice Proarams' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the DepartmenYs mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2010 Local Solicitation Eligibility Applicants are limited to units of local government appearing on the FY 2010 JAG Allocations List. To view this list, go to www.oj,p.usdoj For JAG program purposes, a unit of local government is: a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribe that performs law enforcement functions (as determined by the Secretary of the Interior and published in the Federal Reqiste+�. Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. In the District of Columbia or any United States Trust Territory, a unit of local government is any agency of the District of Columbia or federal government performing law enforcement functions for the District of Columbia or Trust Territories of the United States. Deadline This application must be submitted through OJP's Grants Management Svstem (GMS). Registration with OJP's Grant ManaQement System (GMS) is required prior to application submission. (See "How to Apply," page 6.) All applications are due by 8:00 p.m. eastern time on June 30, 2010 (See "Deadlines: Registration and Application," page 1.) Contact Information For technical assistance with submitting the application, contact the Grants Management System Support Hotline at 1-888-549-9901, option 3, or via e-mail to GMS.HeIpDesk usdoj.gov. Note: The GMS Support Hotline hours of operation are Monday—Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. For assistance with the requirements of this solicitation, contact your State Policy Advisor: www.ojp. usdoj.gov/BJA/resou rce/Proq ramsOffice. pdf. Release date: April 26, 2010 CONTENTS overview Deadfines: Registration and Application Eligibility JAG Program—Specific Information How to Apply What an Application Must Include: Standard F.orm 424 Program Narrative Budget and Budget Narrative Review Narrative Abstract Review Process Additional Requirements Application Checklist 1 C� 7 � ti] 10 OMB No. 1121-0329 Approval expires 02/28/13 Edward Byrne Memorial Justice Assis#ance Grant (JAG� Program CFDA #16.738 Overview The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence progr�ms, courts, corrections, treatment, and justice informatio� sharing initiatives. JAG-funded projects may address crime through the provision of services directly to individuals a�d/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. Deadlines: Registration and Application Registration is required prior to submission. The deadline to register in GMS is 8:00 p.m. eastern time on June 30, 2010 and the deadline for applying for funding under this announcement is 8:00 p.m. eastern time on June 30, 2010. Please see the "How to Apply" section, page 6, for more details. Eligibility Please refer to the cover page of this solicitation for eligibility under this program. JAG Program—Specific Information A/l awards are subject fo the availability of appropriated funds and any modifications or additiona/ requirements that may be imposed by law. Established to streamline justice funding and grant administration, the JAG Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are needed most. Formula The Bureau of Justice Statistics (BJS) calculates, for each sfate and territory, a minimum base allocation which, based on the Congressionally mandated JAG formula, can be enhanced by (1) the state's share of the national population, and (2) the state's share of the country's Part 1 violent crime statistics. Once the state funding is calculated, 60 percent of the allocation is awarded to the state and 40 percent to eligible units of local government (please note that the territories and District of Columbia are exempt from this part of the formula). Eligible state/territory recipients are entitled to the previously mentioned 60 percent state allocation plus any funds designated for the state's units of local government whose direct allocation would be less than $10,000. Funds from these "less than $10,000 jurisdictions" are added to the state allocation and must be distributed by the state to state police departments OMB No. 1121-0329 1 Approval expires 02/28/13 that provide criminal justice services to units of local government and units of local government that were not eligible for a direct award of $10,000 or more. In addition, the formula then calculates direct allocations for local governments within each state, based on their share of the total violent crime reported within the state. Local governments entitled to at least $10,000 awards may apply directly to BJA for locaf JAG grants. States also have a variable percentage of the allocation that is required to be "passed through" to units of local government. This amount, also calculated by BJS, is based on each state's crime expenditures. Updated Variable Pass-through percentages (VPT), which State Administering Agencies (SAA) are required to use in the administration of Fiscal Year 2010 JAG awards, can be found at: www.ojp.usdoj.gov/BJA/gran�ag10/10JAGvpt.pdf. Award Amount Eligible award amounts under JAG are posted annually to BJA's JAG web page: www.oja.usdoj a.html. Purpose Areas JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and criminal justice information systems for criminal justice that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and wifness programs (other than compensation). Note: The authorizing statute for the JAG Program provides that funds are to be used for the purposes above and notes that these purposes include all of the purposes previously authorized under the Edward Byrne Memorial State and Local Assistance Program (Byrne Formula) and the Local Law Enforcement Block Grant Program (LLEBG). This provision may be useful to applicants in understanding all of the allowable uses under the above purpose areas. For example, relying on this provision, it can be understood that the JAG Purpose Area "Prosecution and court programs" listed above, provides the states and local units of governmeht with the authority to fund defender, judicial, pretrial, and court administration efforts as well as prosecution programs. For a listing of prior Byrne Formula and LLEBG purpose areas, see www.ojp.usdoj Although these two programs have been eliminated, their prior purpose areas may be useful in appreciating the scope of the JAG purpose areas. Priorities BJA recognizes that the downturn in the economy has resulted in significant pressures on state and local criminal justice systems. In these challenging times, all of DOJ, and especially OJP and BJA, wish to ensure that local JAG recipients are aware of several areas of national focus and priority for DOJ that may be of help in maximizing the effectiveness of the Byrne/JAG funding at the state and local level. As an overall framework for success, we encourage comprehensive justice planning, bringing all of the system stakeholders together, including law enforcement, courts, prosecutors, defenders, OMB No. 1121-0329 2 Approval expires 02/28/13 corrections officials, and other sfakeholders to create a comprehensive and strategic justice plan to ensure coordination and a more effective justice system. As a part of this strategic planning process, we strongly encourage state and local planners fa consider programs that are evidence-based and have been proven effective; in a difficult budgetary climate, it is critical that dollars are spent on programs whose effectiveness is proven. Howrever, we recognize that state and local programs can afso be wonderFul laboratories for innovative programs that can be models for other states and localities addressing difficult problems. BJA has made resources available to state administering agencies and others to provide training and technical assistance in identifying and using evidence-based practices as the outcome of a comprehensive and strategic justice plan in the state or local community. In addition to these overarching considerations, and in addition to our longstanding and unwavering commitment to keeping violent crime at its lowest level in decades, the following priorities represent key areas where we will be focusing nationally and invite each state to join us in addressing these challenges as a part of our Justice Assistance Grants partnership. A key priority for the Department of Justice and, indeed, the entire Administration, is effective counterterrorism and terrorism prevention programs. We recognize that state and local law enforcement are critical partners in detecting, identifying, preventing, and disrupting acts of violence against the United States by both domestic and international extremist organizations. Preventing terrorism remains the first goal of the Department of Justice's strategic plan and remains a priority for BJA. Another key priority area is ensuring that justice is truly done in the criminal justice system—the Attorney General has consistently stressed that the crisis in indigent defense reform is a serious concern of his, a concern which is shared by OJP and BJA. As a former prosecutor and judge, however, the Attorney General is also acutely aware that without adequate funding for the courts, prosecution, problem-solving courts, and other innovative, cost-saving alternatives to incarceration, true justice cannot be achieved. As important as a well-functioning court system is "Smart Policing"—evidence-based and data- driven law enforcement efforts that allow agencies to maximize their resources and more efficiently target emerging and chronic crime problems, hopefully preventing crimes before they occur and ultimately lessening the burden on the courts and the justice system overall. As our economy shows signs of recovery, it is essential that we not allow this progress to be thwarted by economic crime, including mortgage fraud, financial crimes, fraud, and intellectual property crimes that threaten our economic growth and stability. In order to lessen the burden on what has been described as an overreliance on incarceration, it is essential that those who have served time can transition back into the community and into crime-free pro-social lives. To do this, we will emphasize smart and effective approaches to offender reentry and will support statewide and local efforts in justice reinvestment, which reduces costly spending on incarceration and reinvests a portion of the savings into other areas of the justice system without sacrificing accountability. Last, but certainly not least, we must ensure that, in the context of our continued focus on addressing violent crime, children who are exposed to violence are responded to effectively so that these experiences do not risk the futures of these children and do not fuel the cycle of violence. OMB No. 1121-0329 3 Approval expires 02/28/13 These priorities and others will be the focus of our efforts during FY 2010, and we invite you as a partner and grantee to join us in our efforts to address these critical issues. Responsibilities The Chief Executive Officer (CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425) and performance metrics reports and annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Administrative Funds A unit of local government may use up to 10 percent of the award, plus any interest accrued, for costs associated with administering JAG funds. Disparate Certification A disparate allocation occurs when a city or municipality is allocated one-and-one-half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crimes. A disparate altocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes. * Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicanUfiscal agent for joint funds, must be completed, and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.ojp.usdoj.qov/BJA/granUjag10/10JAGMOU.pdf. Failure to submit a singed MOU may result in the attachment of a withholding special condition at the time of award, preventing the draw-down of funds until the required information is submitted. Governing Body Review The applicant agency (fiscal agent in disparate situations) must make the grant application available for review by the governing body (or to the organization designated by the governing body) not fewer than 30 days before the application is submitted to BJA. Failure to submit a review narrative including the required governing body notification information may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Public Comment The applicant agency (the fiscal agent in disparate situations) must include a statement that the application was made public and that, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and to neighborhood or community-based organizations. Failure to submit a review narrative including the required public comment OMB No. 1121-0329 Approval expires 02/28/13 information may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under JAG. Length of Awards Awards are made in the first fiscal year of the appropriation and may be expended during the following 3 years, for a total grant period of 4 years. Extensions beyond this period may be made on a case-by-case basis at the discretion of the Director of BJA and must be requested via the Grants Management System (GMS) no less than 30 days prior to the grant end date. Trust Fund Award recipients may drawdown JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. Prohibited Uses No JAG funds may be expended outside of JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters). • Luxury items. • Real estate. • Construction projects (other than penal or correctional institutions). • Any similar matters. Reporting Requirements Once an award is accepted, award recipients must submit quarterly financial status (SF-425) and annual pertormance reports through GMS (https://grants.ojp.usdoi.qov). To assist in fulfilling the DepartmenYs responsibilities under the Government Performance and Results Act of 1993 (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work. Additionally, applicants must discuss in their application their methods for collecting data for performance measures. Please refer to "What An Application Must Include" (below), for additional information on applicant responsibilities for collecting and reporting data. Quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) web site: www. biaperformancetools.ora. OMB No. 1121-0329 F Approval expires 02/28/13 Budget Information Match Requirement While match is not required with the JAG Program, match can be used as an eTfective strategy for states and units of local government to expand justice funds and build buy-in for local criminal justice initiatives. How to Apply Applications will be submitted through OJP's Grants Management System (GMS). GMS is a web-based, data-driven computer application that provides cradle to grave support for the application, award, and management of grants at OJP. Applicants should begin the process immediately to meet the GMS registration deadline, especially if this is the first time they have used the system. Complete instructions on how to register and submit an application in GMS can be found at www.ojp.usdoj.gov/gmscbU. If you experience technical difficulties at any point during this process, please email the GMS.HeIpDeskCa�usdoi.pov or call 1-888-549-9901 (option 3), Monday-Friday from 6:00 a.m. to 12 midnight eastern time, except federal holidays. The Office of Justice Programs highly recommends starting the registration process as early as possible to prevent delays in the application submission by the specified deadline. All applicants are re.quired to complete the following six steps, before an application can be sub mitted through GMS: Acquire a DUNS (Data Universal Numbering System) Number. A DUNS number is required to submit an application in GMS. The Office of Management and Budget requires that all businesses and nonprofit applicants for Federal funds include a DUNS number in their application for a new award or renewal of an existing award. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and sub-recipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Obtain a DUNS number by calling 1-866-705-5711 or by applying online at www.dunandbradstreet.com. Individuals are exempt from this requirement. 2. Acquire or Renew Registration with the Central Contractor Registration (CCR) Database. CCR registration is required to receive funding. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the CCR database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. Organizations that have previously submitted applications via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov registration. If you have previously registered with CCR, your registration must be updated or renewed at least once per year to maintain an active status. Information about CCR registration procedures can be accessed at www.ccr.qov. 3. Acquire a GMS Username and Password. If you are a new user, please create a GMS profile by selecting the first time user link under the sign-in box of the GMS home page. For more information on how to register in GMS, go to www.ojq.usdoj.gov/gmscbt/. 4. Search for the Funding Opportunity on GMS. After you log in to GMS or complete your GMS profile for your username and password, go to the Funding Opportunities link on the OMB No. 1121-0329 Approval expires 02/28/13 left hand side of the page. Please select BJA and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program—Local Solicitation. 5. Select the Apply Online Button Associated with the Solicitation Title. The search results from step 4 will display the solicitation title along with the Registration and Application Deadlines for this funding opportunity. Please select the Apply Online button in the Action Column to create an application in the system. 6. Submit an Application Consistent with this Solicitation by Following the Directions in GMS. Once the application is completed and submitted, GMS will display a confirmation screen stating your submission was successful. Important: You are urged to submit your application at least 72 hours prior to the application deadline. Note: OJP's Grants Manaaement Svstem (GMS) does not accept executable file tvpes as aqalication attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf," ".dll," ".ini," ".log," ".ora," ".sys," and ".zip." Experiencing Unforeseen GMS Technical Issues If you experience unforeseen GMS technical issues beyond your control which prevent you from submitting your application by the deadline, you should immediately contact the GMS Help Desk at 1-888-549-9901, option 3 to report the difficulties and obtain a GMS Help Desk Tracking number. Additionally, within 24 hours after the deadline you must contact BJA staff and request approval to submit your application. At that time, BJA staff will require you to email the complete grant application, your DUNS number, and provide a GMS Help Desk tracking number(s). After the program office reviews all of the information submitted, and validates with the GMS Helpdesk the technical issues you reported, OJP will contact you to either approve or deny your request to submit a late application. If the technical issues you reported cannot be validated, your late application will not be accepted. The following conditions are not valid reasons to permit late submissions: (1) failure to begin the registration process and apply for a DUNS number and/or complete the CCR registration in sufficient time; (2) failure to follow GMS instructions on how to register and apply as posted on its website; (3) failure to follow all of the instructions in the OJP solicitation; and (4) technical issues experienced with the applicanYs computer or information technology (IT) environment. Notifications regarding known technical problems with GMS are posted on the OJP funding web page, www.ojp.usdoi.qov/funding/solicitations.htm. What an Application Must Include This section describes what an application is expected to include and sets out a number of elements. Applicants should anticipate that failure to submit an application that contains all of the specified elements may negatively affect the review of the application and, should a decision nevertheless be made to make an award, may result in the inclusion of special conditions that preclude access to or use of award funds pending satisfaction of the conditions. OJP strongly recommends use of appropriately descriptive file names (e.g., "Program Narrative," "Budget and Budget Narrative," "Memoranda of Understanding," etc.) for all required attachments. OMB No. 1121-0329 � Approval expires 02/28/13 Standard Form 424 Please see www07.grants.gov/assets/SF4241nstructions.pdf for instructions on how to complete your SF-424. Program Narrative (Attachment 1) Applicants must submit a program narrative that generally describes the proposed program activities for the four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will be used. Failure to submit an appropriate program narrative may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Budget and Budget Narrative (Attachment 2) Applicants must submit a budget and budget narrative outlining how JAG funds, including administrative funds if applicable, will be used to support and implement the program. This narrative should include a full breakdown of administrative costs, as well as an overview of how funds will be allocated across approved JAG purpose areas. Applicants should utilize the following approved budget categories to label the requested expenditures: Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and an Other category. For informational purposes only, a sample budget form may be found at www.ojn.usdoj,�qov/fundina/forms/budget detail.pdf. Failure to submit an appropriate budget and budget narrative may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Review Narrative (Attachment 3) Applicants must submit information documenting that the date the JAG application was made available for review to the governing body, or to an organization designated by that governing body, on a date not less than 30 days before the application was submitted to BJA. The attachment must also specify that an opportunity to comment was provided to citizens to the extent applicable law or established procedures make such opportunity available. Failure to submit an appropriate review narrative may result in the attachment of a withholding special condition at the time of award, preventing the drawdown of funds until the required information is submitted. Abstract (Attachment 4) Applicants are requested to provide an abstract that includes the applicant's name, titte of the project, goals of the project, and a description of the strategies to be used. The abstract must not exceed a half-page, or 400-500 words. Review Process OJP is committed to ensuring a fair and open process for awarding grants. The Bureau of Justice Assistance reviews the application to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. OMB No. 1121-0329 Approval expires 02/28/13 Absent explicit statutory authorization ar written delegation of authority to the contrary, all final grant award decisions will be made by the Assistant Attorney General (AAG). Additional Requirements Applicants selected for awards must agree to comply with additional legal requirements upon acceptance of an award. We strongly encourage you to review the information pertaining to these additional requirements prior to submitting your application. Additional information for each can be found at www.oip.usdoi.qov/funding/othec requirements.htm. • Civil Rights Compliance • Faith-Based and Other Community Organizations • Confidentiality and Human Subjects Protection (if applicable) • Anti-Lobbying Act • Financial and Government Audit Requirements • National Environmental Policy Act (NEPA) (if applicable) • DOJ Information Technology Standards (if applicable) • Single Point of Contact Review • Nonsupplanting of State or Local Funds • Criminal Penalty for False Statements • Compliance with Office of Justice Programs Financial Guide • Suspension or Termination of Funding • Nonprofit Organizations • For-Profit Organizations • Government Performance and Results Act (GPRA) • Rights in Intellectual Property • Federal Funding Accountability and Transparency Act (FFATA) of 2006 • Awards in excess of $5,000,000 — federal taxes certification requirement OMB No. 1121-0329 9 Approval expires 02/28/13 . Application Checklist FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program: Locaf Solicitation The application checklist has been created to aid you in developing your application. Efigibility Requirement: The jurisdiction listed as the legal name on the application corresponds with the eligible jurisdiction lisfed on BJA's JAG web page The federal amount requested is within the allowable limit of the FY 2010 JAG Allocations List as listed on BJA's JAG web page The Application Components: Program Narrative Budget and Budget Narrative Review Narrative (the date the JAG application was made available to the governing body for review and that it was provided to the public for comment) Abstract Memorandum of Understanding (MOU), if in a funding disparity Program Narrative Format: Double-spaced 12-point standard font Not less than 1" margins Abstract Format: 12-point standard font Not less than 1" margins '/2 page or less Other: Standard 424 Form DUNS Number CCR Registration OMB No. 1121-0329 10 Approval expires 02/28/13 COUNCIL MEETING DATE: �•� ',� ITEM #. ��"Yl �.t�a�.....t.5:,...�.i� ... ........... .. .............................. . . .......................... ..': CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuBdEC'r: Pacific Highway South HOV Lanes Phase IV Project (S 312�' Street to Dash Point Road)-Bid Award PoLiCY QuES'r�oN: Should the Council award the Pacific Highway South HOV Lanes Phase IV Project (S 312`� Street to Dash Point Road) to the lowest responsive, responsible bidder? COMMITTEE Land Use and Transportation Committee MEETING DATE May 17 , 201 O CATEGORY: � Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Reso lution ❑ Other STAFF REPORT BY: Marwan Salloum, P.E Public Works Deputy Director DEPT Public Works _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . _ . . . . . . . . . . . . . . . . Attachments: Land Use and Transportation Committee memorandum dated May 17, 2010 Options Considered: 1. Award the Pacific Highway South HOV Lanes Phase IV (South 312` Street to Dash Point Road) improvement project to Icon Materials (dba of CPM Development Corp), the lowest responsive, responsible bidder, in the amount of $9,542,564.13 and approve a 10% contingency of $954,356 for a total of $10,496,820.13, and authorize the City Manager to execute the contract; and authorize the transfer of $284,226 from the SWM Unallocated Capital Improvements Fund to the project. Award of the contract is subject to funding agency approval. 2. Reject all bids for the Pacific Highway South HOV Lanes Phase IV (South 312`�' Street to Dash Point Road) improvement project and direct staffto rebid the project and return to Committee for further action. 3. Do not award the Pacific Highway South HOV Lanes Phase IV (South 312`�' Street to Dash Point Road) improvement project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION Forward Option 1 to the June 1, 2010 Council Consent Agenda for approval CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION Forwarding Dini Duclos, Chair June 1,_2010 Council Consent Agenda for approval. �� ' �e X l' Cl��' C�- — Member Jack Dovey, Member PROPOSED COUNCIL MOTION "I move to drd the Pacific Highway South HOV Lanes Phase IV (South 312`" Street to Dash Point Road) improvement project to Icon Materials (dba of CPM Development Corp), the lowest responsive, responsibde bidder, in the amount of $9,542,564.13 and approve a 10% contingency of $954,356 for a total of $10,496,920.13, and authorize the Ciry Manager to execute the contract; and authorize the transfer of $284,226from the SWM Unallocated Capital Improvements Fund to the project. Award of the contract is subject to funding agency approval" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # �� DIRECTOR APPROVAL: � � Couoc�l (a'w�Q Committee Council CITY OF FEDERAL WAY MEMORANDUM DATE: May 17, 2010 TO: VIA: FROM: SUBJECT: Land Use and Transportation Committee Brian Wilson, City Manager Marwan Salloum, P.E., Deputy Public Works Director Brian Roberts, P.E., Street Systems Project Engineer � Pacific Highway South HOV Lanes Phase IV Project (S 312' Street to Dash Point Road) Bid Award BACKGROUND: Five (5) bids were received and opened on May 11, 2010 for the Pacific Highway South HOV Lanes Phase IV (South 312`" Street to Dash Point Road) improvement project (See attached Bid Tabulation Summary). The lowest responsive, responsible bidder is Icon Materials (dba of CPM Development Corp). The low bid received was $9,542,564.13, 26% below the engineer's estimate. Reference checks on Icon Materials by KPG, Inc. and City staff indicates that the contractor has performed similar work in the past. As a result, City staff believes Icon Materials can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Icon Materials in the amount of $9,542,564.13. PROJEGT CpST ESTIMATE ` Construction Low Bid $9,542,564 10% Construction Contingency Construction Management Project Design Underground Conversion (PSE) Right of Way Acquisition* Total Project Cost 954,256 1,600,000 1,800,000 500,000 3,700,000 $18,096,820 AVAILABL� FUNDING 1. Grant funding: TIB $ 8,177,109 Federal $7,940,584 WSDOT $1,300,000 2. Mitigation Fund 3. Budgeted City Funds 7. Surface Water Funds* * 8. Lakehaven Utility Relocation Total Available Budget Project Balance $17,417,693 544,691 4,550,000 284,226 963,674 $23,760,284 5 6$ , 63,464 * As of this presentation, acquisition costs for 1 parcel have not been finalized. Total right of way acquisition cost is estimated. ** During early design, the Surface Water Management Division requested that drainage revisions to South 308` Street be added to the project scope. The work improves the storm water system in an area with a history of flooding. The transfer of funds covers both design and construction costs. Pacific Highway South HOV Lanes Phase N South 312th Street to Dash Point Road RFB# 10-103 1 Bid Opening Date 5/1112010 Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 4 Bid No. 5 Vendor Name - - - -> ICON Materials dba J. R. HAYES & SONS, Inc. Gary Merlin Tuccl 6 Sons, Inc OPK, Inc CPM Development Corp. Construction Company, Inc ENGINEER'S ESTIMATE Location -- ---> Tukwila, WA Maple Valley, WA Seattle, WA Tacoma, WA Kent, WA A60 TEMPORARY CONC. BARRIER LF 880 25.00 22 000.00 20.00 17,600. 15.00 13,200 21.00 18 480.00 12.00 10,560. 25.00 22 000.00 A61 STRUCTURAL EARTH WALL SF 21,200 14.50 307 400.00 16.50 349 B00.00 20.00 424,000 19.00 402 800.00 20.00 424 000.00 22.00 466 400.00 A62 MODULAR BLOCK WALL SF 4 18.75 75 000.00 15.80 63 200.00 19.00 76 000.00 18.15 72,60D.00 15.00 60,000. 18.00 72 000.00 A63 SEW TRAFFIC BARRIER LF B40 300.00 252 000.00 195.00 163,8M.00 270.00 226 800.00 350.00 294 000.00 255.00 214,20D.00 350.00 294 000.00 A64 BACKFILL FOR STRUCTURAL EARTH WALL INC. HAUL CY 10 12.85 133 640.00 F25 10.70 111,280 14.00 14S,600. 23.00 239 200.00 17.00 176 800.00 30.00 312 000.00 A65 HANDRAILING 22 IN. LF 840 133.00 111 720.00 47.00 39 480.00 100.00 84,000. 110.00 92 400.00 60.00 50 80.00 67 200.00 A66 RECONNECT EXISTING MISC. DRAINAGE EST 1 S 000.00 15,000. 15 000.00 15,000. IS 000.00 15,000 15,000. 15 000.00 15 000.00 15,000. 15 000.00 15 ,000.0 A67 FLARED CULVERT INLET WITH DEBRIS GUARD LS 1 000.00 25 000.00 1000.00 1000.00 2 000.00 000.00 17 000.00 17 000.00 1 500.00 1 500.00 4 000.00 4 000. A68 BEVELED END CONC. CULVERT WITH DEBRIS BARRIER EA 2 1,150.00 2,300.00 600.00 1,200.00 1,200.001 2,400.00 580.00 1,160.00 600.00 1,200.00 1000.00 2.000.00 A69 CLASS 50 DUCTILE IRON STORM SEWER PIPE 8 IN. DIAM. LF 120 45.00 5,400.00 60.00 7 200.00 84.00 10,080. 52.00 6,240.00 45.00 5,400. 60.00 7,200.00 A70 CLASS 50 DUCTILE IRON STORM SEWER PIPE 12 IN. DIAM. LF 490 60.00 29.400.001 72.00 35 280.00 89.00 43,610. 63.00 30 870.00 50.00 24,5W.00 60.00 29 400.00 A71 CLASS IV REINF. CONC. STORM SEWER PIPE 12 IN. DIAM. LF 5,600 43.00 240 800.00 50.00 280 000.00 49.00 274,400 39.75 222 600.00 36.00 201600.00 55.00 308 000.00 A72 CLASS IV REINF. CONC. STORM SEWER PIPE 18 IN. DIAM. LF 620 56.00 34 720.00 58.00 35,960. 54.00 33,480 38.00 23 560.00 55.00 75.00 46,500. A73 CLASS IV REINF. CONC. STORM SEWER PIPE 24 IN. DIAM. LF 420 82.00 34,440. 65.00 27,300. 90.00 37 51.00 21420.00 65.00 90.00 37,800. A74 STORM DRAIN CLEAN OUT EA 17 340.00 5,780. 560.00 9,520. 130.00 2 10.00 370.00 6 290.00 350.00 00 400.00 6 8.00 A75 CATCH BASIN TYPE 1 EA 62 1,000. 62,000. 1 600.00 99,200. 1,200.00 74 746.00 46,252. 1000.00 1000.00 62,000. A76 CATCH BASIN TYPE 1 L EA 4 1000.00 4 000.00 2 300.00 9,200.00 1400.00 5,600.00. 860.00 3,440.00 1,200.00 j62 1,200.00. 4,800.00 A77 CATCH BASIN TYPE 2,48 IN. DIAM. EA 20 2,000, 40,000. 2,900.00 58 000.00 - 3,400.00 68 000.00 1620.00 32,400. 1 2,600.00 52 00 0.00 CATCH BASIN TYPE 2,54 IN. DIAM. EA 1 2 2,5W. 4,300.00 4,300. 4,000.00 4,000.00 2,950.00 2,950.00 1,000.00 3,000.00 3,000.0 CATCH BASIN TYPE 254 IN. DIAM. FLOW SPUTTER EA 1 4,000.00. 4,000.00 6,5D0.00 6,500. 6 6,000.00 3,400.00 3 400.00 2,400.00 0 5,600.00 5,600. CATCH BASIN TYPE 2,60 IN. DIAM. CONTROL STRUCTURE EA 1 6 6,500.00 7,750. 7,750. 8 8,000. 6,000.00 6 3,200.00 3,200.00 4,500.00 4,500. [AS CONCRETE INLET EA 5 5,000. 1,150. 5,750. 1000.00 5,000. 675.00 3,375.00 800.00 4 750.00 3,750. ADJUST EXISTING STORM DRAINAGE STRUCTURE EA 1 1000.00 1 130.00 1 130.00 700.00 700.00 450.00 450.00 750.00 750.00 400.00 400.00 CONNECTION TO EXISTING DRAINAGE STRUCTURE EA 7 12 250.00 1 430.00 30 010.00 600.00 4 200.00 650.00 4 550.00 1 000.00 7 000.00 400.00 2 800.00 CONVERSION RISER EA 11 7 700.00 500.00 S 500.00 50.00 550.00 945.00 10 395.00 400.00 4 400.00 400.00 4 400.00 CLASS III REINFORCED CONC. 60 IN DIAM. DETENTION PIPE LS 1 60 000.00 65 500.00 65 500.00 58M.00 58 000.00 62 300.00 62 300.00 41 966.12 41 966.12 60 000.00 60 000.00 A86 CATCH BASIN INSERTS FOR SPILL CONTROL EA 8 12 000.00 960.00 7,680.00 250.00 2 1,125.00 9,000. 2,200. 17 600.00 1400.00 11 200.00 A87 OIL- WATER - DEBRIS SEPARATOR DEVICE EA 2 0 2 .00 1400.00 2,800.00 1000.00 2,000.00 810.00 1,620. 1 2,000.00 1,200.00 2,400.00 A88 STORMWATER TREATMENT VAULT A LS 7 55 000.00 44 500.00 44 500.00 43 000.00 43 000.00 39,200. 39 200.00 60 000.00 60 000.00 52 000.00 52 000.00 A89 STORMWATER TREATMENT VAULT B LS 1 56,5DO.001 56 500.00 70 500.00 70 500.00 70,M. 70,000. 63,200. 63 200.00 80 000.00 80 000.00 78 000.00 78,000. A90 DETENTION VAULT LS 1 140,000.001 140 000.00 120 000.00 120 000.00 70 000.00 70,000. 111 500.00 111,S00.00 70,000.001 70 000.00 49,000. 4%000. A91 OFFSITE STORMWATER SYSTEM RETROFIT LS 1 7,5W.00I 7,500.00 4 500.00 4,500. 1,700. 1,700. 23,100. 23 100.00 10,000.001 10 000.00 20,000. 20,000. A92 GEOTEXTILE ENCASED CHECK DAM LF 280 10.001 2,800.00 5.50 1,540.00 12.00 3,360.00 9.3SI 2 22.001 6,160.00 25.00 7,000.0 A93 HIGH VISIBILITY CONSTRUCTION FENCING LF 560 2.00 1,120.00 3.00 1,680.00 3.00 1,680.00 2.20 1232.00 3.001 1,680.00 5.00 2 800.00 A94 I TEMPORARY EROSION CONTROL BLANKET SY 1,700 3.00 5,100. 2.50 4,250.00 2.00 3,400.130 2.50 4 5.00 8,500.00 3.00 5,100.00 A95 ESC LEAD DAY 200 0.01 2.00 300.00 60 000.00 40.00 8,000.00 50.00 10 000.00 57.00 11,400. 50.00 10,000. A96 EROSIONNVATER POLLUTION CONTROL EST 1 40 000.00 40 000.00 40 000.00 40,000. 40,000. 40 000.00 40 000.00 40 000.00 40 000.00 40,000. 40 000.00 40,000. A97 INLET PROTECTION EA 1 183 50.00 9,150. 100.00 18 300.00 70.00 12,810. 76.00 13 908.00 95.00 17,385. 80.00 19 640.00 A98 SILT FENCE LF 2,100 3.00 6,300. 5.00 10 500.00 5.50 11 3.75 7,875. 5.00 10,500. 7.00 14,700. A99 SEEDING FERTILIZING AND MULCHING AC 1 6,500.00 6,500. 1 1,550. 1,600. 1,600 3,000. 3,000.00 3,410.00 3,410. 2,500.00 2,500.0 A100 STORMWATER POLLUTION PREVENTION PLAN LS 1 2,721.02 2,721.02 3,800.00 3,800.00 100.00 100.00 4,000.00 4 3,000.00 3,000.0 5 000.00 5,000.0 A101 TOPSOIL TYPE A CY 1,300 22.00 28 600.00 24.00 31 25.00 32 24.25 31 525.00 40.00 52 000.00 35.00 45 500.00 A102 BARK MULCH CY 250 27.00 6,750.00 39.00 9 750.00 30.00 7,500.00 30.50 7 42.00 30 500.00 40.00 10 A103 SOD SY 2,880 0.70 2,016. 6.80 19 584.00 1.00 2,880.00 6.75 19 440.00 0.60 1,728. 2.00 5 A104 PSIPE ACER GINNALAIAMUR MAPLE 2 1/2" CAL, 12' -14' HT EA 18 334.00 6,012.00 277.00 4,986.00 400.00 7,200.00 370.00 6 660.00 280.00 5,040.00 500.00 9 000.00 A105 PSIPE ACER RUBRUM'RED SUNSET'/RED SUNSET MAPLE 2 EA 109 270.00 29 430.00 260.00 28 340.00 300.00 32 700.00 300.00 32 700.00 270.00 29,430. 400.00 43 600.00 A106 PSIPE PRYRUS CALLERYANA'CHANTICLEER' /CHANTICLEER EA 20 289.00 5,780. 275.00 5,500. 325.00 6,500. 320.00 6 270.00 5 400.00 8 A107 PSIPE QUERCUS ROBUR'PYRAMICH' P.P. NO. 3707/ EA 11 325.00 3,575.0 300.00 3,300.00 370.00 4,070.00 360.00 3,960.0 280.00 3,080.00 400.00 4,400.0 A108 PSIPE CALOCEDRUS DECURRENS/INCENSE CEDAR 6' -7' HT EA 13 135.00 1,755.001 160.00 2,080.00 155.00 2,015.00 150.00 1950.00 120.00 1 250.00 3,250. A109 PSIPE ACER RUBRUM'ARMSTRONG' /ARMSTRONG MAPLE 2 EA 5 293.00 1,465.00 260.00 1,300.00 340.00 1 700.00 325.00 1,625.00 270.00 1,350.00. 400.00 2,000.00 A110 PSITE VIBURMUM DAVIDIUDAVID VIBURMUM 8" SPREAD MIN. EA 204 7.00 1,428. 15.20 3,100.80 8.00 1,632. 8.00 1 632.00 16.00 3,264.00 30.00 6,120.00 A111 PSIPE PRUNUS LAUROCERASUSIMOUNT VERNON LAUREL 2 EA 400 17.00 6,800.00 16.30 6,520. 17.00 6,8W. 19.00 7 23.00 9,200.00 25.00 10 000.00 Al 12 PSIPE PINUS MUGO'PUMILLO'/LITTLE MUGO PINE 15" EA 166 15.00 2,490.00 16.30 2,705.80 17.00 2,822. 17.00 2,822.00 22.00 3,652.00 30.00 4,980.00 Al 13 PSIPE PHODODENDRON'DORA AMETEIS7 NCN 15" SPREAD EA 239 18.00 4,302.00 15.20 3,632.80 18.00 4 20.00 4,780.00 26.00 6,214.00 30.00 7,170.00 Al 14 PSIPE CISTUS X HUBRIDUSANHITE ROCKROSE 15" SPREAD EA 298 14.00 4 15.20 4,529. 15.00 4 16.00 4,768.00 27.00 8 30.00 8,940.00 A115 PSIPE ROSEMARINUS OFFICINALIS'HUNTINGTON BLUE /LOW EA 326 7.00 2,282. 8.40 2,738.40 8.00 2,608. 7.50 2,445.00 9.00 2 20.00 6,520.00 A116 PSIPE CORNUS STOLONIFERA'KELSEYII'/DWARF REDTWIG EA 682 11.00 7,502.00 15.70 10 707.40 11.00 7.502.00 12.00 8,184.00 14.00 9 20.00 13 640.00 A117 PSIPE EUONYMUS FORTUNEVEMERALD GAIETY'/PURPLE EA 1,710 S.00 8,550.00 B.40 14 364.00 5.00 2 " .00 5.50 9 405.00 7.00 11 970.00 10.00 17 100.00 Al 18 PSIPE FESTUCA GLAUCAIBLUE FESCUE 1 GAL CONT EA 1,200 5.00 6 8.40 10 080.00 5.00 6%. 5.25 6 300.00 7.00 8400.00 10.00 12 000.00 A119 PSIPE RUBUS CALYCINOIDES/CREEPING BRAMBLE 6" EA 5,400 2.25 12 150.00 3.20 17 280.00 2.50 13 SOO.00 2.50 13 500.00 4.00 21 600.00 10.00 54,000 Al20 AUTOMATIC IRRIGATION SYSTEM COMPLETE LS 1 75 000.00 75 000.00 68 000.00 68,000.001 100 I=nn 100,000.001 78 000.00 78,000-001 80,000.001 80,000.001 220 000.00 220 000.00 Al21 REPAIR EXISTING IRRIGATION SYSTEM EST 1 15 000.00 15 000.00 15 000.00 15 000.00 15 000 .00 1 5 0()0 001 IS000- 15 000.00 15 MA 001 15 000.00 15 000.00 IS 000 .00 PACIFIC HWY SOUTH HOV LANES SOUTH 312TH STREET TO DASH POINT ROAD PACIFIC HWY SOUTH HOV LANES PHASE � Unit Price $039 Entered g9,202,477.00 Quantity 76.400 Sfwuld be $9.202,473.00 EMered $22,920 Detrease in bid of $4.00 StwuM he y29,796 Bid Fortn Total $10,079,018.79 Increase in bid of �,876 Bid Form Tota� $9,820,416.84 COUNCIL MEETING DATE: June 15, 2010 ITEM #: (.pQ _......... .._...._._ .................................................................................................................................................................................................... _.__ ......................................_......._....__...._....._.........._.._._._...._.._................................__.. ._......................._.................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: SELECTION OF VOTING DELEGATES FOR THE 2010 ASSOCIATION OF WASHINGTON CITIES (AWC) ANNUAL BUSINESS MEETING. POLICY QUESTION Who should the Ciry Council appoint as voting delegates for the upcoming AWC Annual Business Meeting? CoNrnuT�E: N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: N/A ❑ Ordinance ❑ Resolution MEETING DATE: N/a ❑ Public Hearing ❑ Other DEPT: N/A Attachments/Background: AWC has asked the City to select up to three officials to serve as voting delegates at the 2010 Annual Business Meeting. The City would like to appoint Councilmembers Jeanne Burbidge and Michael Park as voting delegates for 2010. Following selection, the City Clerk is directed to advise AWC of the City's named delegates for 2010. STAFF RECOMMENDATION: None CITY MANAGERAPPROVAL N/A • �~(� ►n I' DIRECTORAPPROVAL: Committee Council COMMITTEE RECOMMENDATION: N!A N/A Committee Council N/A N/A N/A Committee Chair Corrunittee Member Committee Member PROPOSED COiJNCIL Mo'rlolv: `7 move the appointment of Councilmember .7eanne Burbidge and Councilmember Michael Park as the City's voting delegates for the 2010 AWC Annual Business Meeting. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REUISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: June I5, 2014 ITEM #:�� CITY QF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.TECT: 2011-2012 BIENNIAL BUDGET CALENDAR AND INVITE CITIZEN COMMENTS POLICY QUESTION: N/A COMMITTEE N/A CATEGORY: ❑ Consent ❑ Ordinance MEETING DATE: N/A ❑ Public Hearing � City Council Business ❑ Resolution ❑ Ot STAFF REPORT BY: N/A DEPT: N/A _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachments: Preliminary 2011-12 Budget Calendar SummaryBackground: The City Manager/Police Chief has issued 2011-2012 budget instructions to city departments and staff are now preparing their budget proposals. The City is interested in receiving citizen comments about city services and priorities throughout the preparation process. Comments are welcome at any regular council meetings, as well as any of the scheduled public hearings and budget meetings. Citizens may also submit comments in writing to: City Council, 2011/12 City Budget PO Box 9718 Federal Way, WA 98063-9718 Email: COiJNCIL@cityoffederalway.com STAFF RECOMMENDATION Council to invite citizen comments and let staff know should there be any conflicts on the proposed budget cale // /0 �� . CITY MANAGER APPROVAL: N/A ,L} �"` � � DIRECTOR APPROVAL N/A '"� Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: INFORMATION ONLY, NO MOTION REQUIRED. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLEDNEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # �ITY OF FEDERAL WAY PRELIMINARY 20 l 1-2012 BIENNIAL CITY BUDGET MEETINGS All meetings will be held at City Hali, 33325 — 8 Avenue South, Federal Way, Washington. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. ***** The following meetings have been scheduled to consider the City of Federal Way's 2011-2012 biennial city budget: MAY - JUNE 2010 — CITY MANAGER ISSUES BUDGET DIRECTIONS TO STAFF. ■ Staff Develops 2011-2012 Budget Proposal � AUGUST - SEPTEMBER, 2010 — COMMUNITY MEETINGS. ■ Attend community group and city commissioner meetings, update them on city budget status and seek their input. OCTOBER 19, 2010 — Reqular Council MEETINGS — 7:00 p.m. ■ CM Delivers Preliminary Budget to Council OCTOBER 27, 2010 — SPECIAL MEETINGS — 6:00 p.m. • Budget Overview ■ Department Presentations: Community Development, Public Works/Parks OCTOBER 28, 2010 — SPECIAL MEETING — 6:00 p.m. ■ Department Presentations: Police, Law, Court NOVEMBER 2, 2010 — SPECIAL MEETING — 6:00 p.m. ■ Department Presentations: City Administration and Support Service Departments ■ Council Deliberations NOVEMBER 2, 2010 — REGULAR MEETING — 7:00 p.m. ■ PUBLIC HEARING (required by RCW 35A,34) 2011 - 2012 Biennial Budget/Property Tax Levy NOVEMBER 16, 2010 — SPECIAL MEETING — 6:00 p.m. (onlv If needed) ■ Continue Council Deliberations NOVEMBER 16, 2010 — REGULAR MEETING — 7:00 p.m. ■ PUBLIC HEARING Continue from November 2 (required by RCW 35A.34) • Introduction Ordinance/2011-2012 Biennial Budget ■ Introduction Ordinance/2011 Property Tax Levy DECEMBER 7, 2010 — REGULAR MEETING — 7:00 p.m. ■ Enactment Ordinance/2011-2012 Biennial Budget ■ Enactment Ordinance/2011 Property Tax Rate ■ Resolution/Fee Schedule Amendment COUNCIL MEETING DATE: June 15"', 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: LD C Sus.rECT: Acceptance of complimentary oftice space located at 31829 Gatewa�� Center Boulevard South for the Special Operations Unit. PoLICY QUESTION: Shoa�ld t1�e Ciry of Federal Way /Police Depm°tment accept coinplimentary office sl�ace located at 31829 Gateway Ce�zter Bouleva��d Soitth for• t/�e Special Oper�ritions Unit. COMIVIITTEE Parks, Recrearioi�, Human Services and Public Safery Cotiuicil Comrriittee - (PRHS&PS) CATEGORY: Consent ❑ Ordinance � City Council Business ❑ Resolution STAFF REPORT BY: CHRIS NORMAN, CONIMANDER Attachments: 1. PRHS&PS Staff Meino Options Considered: 1. Accept the offer of office space. 2. Decline the offer of office space. STAFF RECOMMENDATION: Staff reconullends Optio� �. MEETING DATE: ❑ Public Hearing ❑ Other DEPT: Police Department �' � �,/,�r� CITY MANAGER APPROVAL: ��I�I�� / DIRECTOR APPROVAL: ConuTiittee Council COMMITTEE RECOMMENDATION: PRPS reconunends Option � �� Committee Chair Member � � coimn;tte Conurritte,e�Ienfiber 5�.8�,0 `�ROPOSED COUNCIL MoTION: "I move approvad of the �°equest by tlie Police Departtnent to accept t/re offe�� of complimentary office sp��ce c�nd authorize Ciry Manager/Police Chief Brian Wilson to draft and eizter• i��to u contract with Mr. cznd Mrs. An to the rnutual satisfaction of all parties. " (BELO TO BE COMPLETED BY CITY CLERKS OF'FIC'E) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 ❑ TABLED/DEFL,RRED/1V0 ACTION Euactuient reudi��g ❑ MOVED TO SECOND READING (ordinances only) ORDINANC� # REVISED-02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 8, 2010 T0: 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 Ma11 Sub-Station which offers some convenienc�es 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 Uulk of their work day in and around the Federal Way Transit Center. Mr. and Mrs. An, owners of the Gateway Center Uusiness complex have offered complimentai 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, palrtnei and integi with the business community • Zero Cost ' Proposal The Police Department is seeking council approval to accept complimentaiy office space located at 31829 Gateway Center Boulevard South. A contract Uetween the City and Mr. And Mrs. An will be drafted �o the mutual satisfaction of both parties. Funding Source Mr. and Mrs. An are offering the space at no cost and have offea 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. COUNCIL MEETING DATE: June 15, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 LOAN CONTRACT POLICY QUESTION: SHOULD THE CITY COUNCIL ACCEPT THE AWARD OF $323,237 FROM THE STATE ENERGY PROGRAM AS A LOAN TO FUND TAE FEDERAL WAY CITY HALL IMPROVEMENTS FOR THE HVAC UNITS, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS? COMMITTEE: N/A CATEGORY: ❑ Consent � City Council Business MEETING DATE: ❑ Public Hearing ❑ Other STAFF REPORT BY: Bryant En e, Financial Services Administrator DEPT: City Manager �...._ .........................................................._._..... _._............._.......____................................... . _.._..............................._..............................._..._.........._................... On September 1, 2009, City Council authorized staff to submit an application under the State Energy Program American Recovery and Reinvestment Act of 2009 for a loan to upgrade the HVAC system at City Hall as means of saving energy. The City received notice on June 3, 2010 that the State Energy Program awarded the City $323,237, and that the documents indicating the City's a�reement to accept the monies as loan were to be executed by June 25, 2010. The City's use of the funds is contingent upon the performance based contract that Council authorized on April 20, 2010. The scope of work for the performance based contract is conducting a feasibility study to determine whether the installation of an upgraded HVAC system at City Hall will provide sufficient return in energy savings to pay the award of $323,237. Staff anticipates that the feasibility study will be completed by the first part of August. Should the feasibility study determine that the City would not receive enough savings from the upgrade; the City may notify the State Energy Pro�am to cancel the loan at no cost to the City. Attachments: Proposed agreement with the State Energy Program setting forth the award amount, the tasks eligible for reimbursement, and a proposed resolution far the Mayor's signature that the City Council authorized the loan. Options Considered: 1. Accept the award and authorize the City Manager and Mayar to execute the necessary documents. 2. Re�ect the award and direct Staff to notify the State Energy Program. J STAFF RECOMMENDATION Option 1 ❑ Ordinance ❑ Resolution CITY MANAGER APPROVAL: Committee Council COMMITTEE RECOMMENDATION: APPROVAL: Committee � �v r� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option 1 to accept the award of $323,237 from the State Energy Program as a loan to upgrade the HVAC system at City Hall for energy savings and authorize the City Manager and Mayar to execute the necessary documents." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06/2006 RESOLUTION # RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, to Borrow or Guarantee monies under the State Energy Program — American Recovery and Reinvestment Act (ARRA) of 2009. WHEREAS, the City Council of the City of Federal Way authorized City Staff to seek federal stimulus monies for energy improvements; and WHEREAS, on September 1, 2009, the City Council of the City of Federal Way authorized Staff to apply for a State loan under the State Energy Program ("SEP") in the amount of $323,000 for energy improvements; and WHEREAS, the City determined that the SEP loan amount would be used to improve energy conservation at City Hall; and WHEREAS, on June 3, 2010, the State Energy Program notified the City that it was eligible to receive $323,237 as a loan to fund energy improvements at City Hall provided that the necessary documents were executed no later than June 25, 2010; WHEREAS, a resolution setting forth the City's intent to borrow $323,237 and make payments as set forth in the necessary documents; and WHEREAS, the City Council of the City of Federal Way finds that it is in the best interest of the citizens to enter into the SEP loan agreement to provide for energy improvements at City Hall. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section l. To borrow from the State Energy Office, State Energy Program ("Lender"), on such terms as may be agreed upon between the officers or employees and Lender, such sum or sums Resolution No. 10- Page 1 of 3 Rev 1/10 of money as in their judgment should be borrowed. Section 2. To execute and deliver to Lender the promissory note or notes of the City, on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any indebtedness of the City to Lender, and also to execute and deliver to Lender any renewal or renewals of the notes, or any of them, or any part thereof. Section 3. To execute and deliver to Lender the form of pledge agreement, security agreement, and financing statement which may be submitted by Lender, and which shall evidence the terms and conditions under and pursuant to which such pledges, or any of them, are made; and also to execute and deliver to Lender any mortgages, deeds, trust indentures, or ather instruments in writing, or any kind or nature, which may be necessary or proper in connection therewith, or pertaining thereto. Section 4. To do and perform such other acts and things and to execute and deliver such other documents as may in their discretion be deemed reasonably necessary or proper in order to carry into effect any of the provisions of these Resolutions Section 5. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 6. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 10- Page 2 o 3 Rev 1/10 Section 7. Ratification. Any act consistent with the autharity and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Section 9 . Revocation This Resolution shall remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by Lender. Any such notice shall not affect any agreements in effect or committed at the time notice is given. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010. CITY OF FEDERAL WAY 1VIAYOR, 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 COLTNCIL: RESOLUTION NO.: K:�resolutiort�2010\state energy progran american recovery at and reinvest Resolution No. 10- Page 3 of 3 Rev 1/10 � Depar�kment of ��mmer�c�e ' Innovation is in our nature. June 8, 2010 Bryant Enge City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 RE: State Energy Program American Recovery and Reinvestment Act of 2009 Loan Contract Number F10-92101-003 Dear Bryant: Below is the State Energy Program Loan Contract Number F10-92101-003 between the city of Federal Way and the Washington State Department of Commerce. The Contract details the terms and conditions that will govern the contract between us and includes the following formal attachments: ■ Attachment I: Scope of Work ■ Attachment II: Promissory Note ■ Attachment III: Certification Regarding Debarment, Suspension, and Other Responsibility Matters ■ Attachment IV: SEP Eligible Project Costs ■ Attachment V: UCC Filings ■ Attachment VI: Corporate Resolution to Borrow or Guarantee ■ Attachment VI I: Commercial Security Agreement ■ Attachment VI II: Additional Provisions for State Energy Program Revolving Fund under the American Recovery and Reinvestment Act (ARRA) of 2009 ■ Attachment IX: Notice of Contract Award and Notice to Proceed ■ Attachment X: W-9 Please print and sign three copies of this agreement. When you have obtained the appropriate signatures, please return both original contracts and all the attachments to the Department of Commerce, State Energy Office within 30 calendar davs of the date of this letter. Failure to return the contracts within this timeline may result in your offer being withdrawn. You are required to register and maintain updated project records in the Central Contractor Registration Database (CCR) at www.ccr.gov. In order to register in the CCR, you will need your Data Universal Number (DUN). You must include a copy of the confirmation letter from CCR that you have completed your registration when you return your signed contract to Commerce. Failure to comply with this instruction will delay the execution of your Contract. The amount of the award is $323,237. This includes an amount su�cient to cover a one-percent loan administration fee on the loan portion. The fee will be collected with the first loan draw and is non- refundable. Please review the terms and conditions of the Contract carefully, as well as the attachments. F10-92101- June 8. 2010 Page 2 The American Recovery and Reinvestment Act (ARRA) of 2009 is the funding source for this program, which is made available through the U.S. Department of Energy. These funds are subject to Circular A-133 audit requirements. One of the distinctions of this program is that the Contractor must complete this project by December 31, 2011, as required by ARRA. Another requirement of the ARRA program is that all entities are required to certify that the federal governmen# has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, projec# contractors, subcontractors, engineers, architects, consultants, and equipment vendors. Suspension and Debarment certification forms are available on the Commerce's website, www.commerce_wa.qov. Failure to provide this required certification may result in termination of your Contract. Please ensure #hat ail signatures required on the Promissory Note, Commercial Security Agreement, Corporate Resolution to Borrow Funds, Suspension and Debarment Certificate, and UCC Filing form are obtained. Also, please complstely fill all the blanks on Attachment VI Corporate Resolution to Borrow Funds. This includes the location of the Gorporation's principal o�ce, the name and position of ail of the Corporation's officers, the date the resolution was adopted, and the name, position, and actual signature of all officers of the Corporation who are authorizing the debt_ After the Contract has been signed by Commerce, one fully executed original will be returned to you for your files. Instructions for drawing the funds wiil be returned to you with the executed Contract, as well as the necessary forms. The Contract specifies that draws may be made for costs that have been incurred, and which have supporting documentation such as receipts or bills. A W-9 form is also enclosed, which will need to be completed and returned before any funds can be disbursed. Please return the completed form with your contract documents_ We are iooking forward to working with you over the course of this project. If you have any questians about this Contract, please contact me, by phone at 360-725-3111 or via email at cory.plantenberg@commerce.wa.gov. Sincerely, Cory Plantenberg Energy Program Manager Enclosures Capital Agreement between: City of Federal Way and Washington Department of Commerce State Energy Office For: Project Name: City Hal1 Energy Improvements Loan Number: F10-9Zi01-003 Type: State Energy Program (SEP) American Recovery and Reinvestment Act (ARRA) of 2009 Contract Start Date: Contract Execution Date Page i SEP ARRA Loan Contract F 10-92101- 6/8l2010 TABLE OF CONTENTS CONTRACT FACE SHEET ...............................•--•-•••--...............................................-------------..1 CONTRACT TERMS AND CONDITIONS ................................................................................. 3 Part 1. SPECIAL TERMS AND CONDITIONS ........................................................................ 3 PREAMBLE ..................•----............................................---••-•------.........Error! Bookmark not defined_ 1 .t Definitions .......................�-- �--............._........:............................................................3 1.2. Authority ................................................. . . .............................................:. 9 .3_ Purpose .................................. ............�---�--......--��-�--�--................_.............................3 1.4. Order of Precedence .................. ........_........-------.............---.............._......---........ 3 PROGRAM SPECIAL TERMS AND CONDITIONS ...........................Error! Bookmark not defined. 1.5. Rate, Loan Fee, and Term of Loan ........................................................................... 4 1.6. Disbursement of Loan Proceeds and Required Documentation ............................... 4 1.8. Final Amendment and Fina! Report ........................................................................_ 5 1.9. Repayment..._.......-� ....................................................................................... � -....._.. 5 1 _10. Defauit in Repayment ...................... ...................---........---�------......................... 5 1.11. Loan Security ....._ ............. -�-- ............... _ - - � ---� -� -- -�- �--.... --- -- .. 6 1.12. Historical and Cultural Artifacts .................................................................................6 1.13. Federal and State Requirements ..............................................................................7 1.14. Competitive Bidding Requirements ........................................................................... 7 1.15. Eiigible Project Costs .............................. . � - -...... --..--............---�--� --.............. 7 1.16. Nondiscrimination Provision ...................................................................................... 7 1 .17. Litigation ... ........ ....... ........_....__..........._......................_........ � ............._...... 1 .18. Insurance .............................................. .................................................. ................ 7 1 .19. Publica#ions ..................-� - - �--..._.............................-�-�-�---.......--- ---.. 1.2Q. Administrative Costs .................................................................................9 Part 2. GENERAL TERMS AND CONDITIONS .....................................................................10 2.1. Definitions .....................................................................��-�-�-----�-�-----.........---............10 2.2. Administrative Cost Allocation ................................................................................. 10 2.3. Ailowable Costs .............................................................................�----.............-�----.. 10 2.4. All Writings Contained Herein .................................................................�---............ 10 2.5. Amendments -�---�� ...............................................................�---�----��-�---..................... 10 2.6. Ame�icans with Disabilities Act (ADA).. ................................................................... 10 2.7. Approval --�--......-�--��--�-��----�----�-�-�-�-�-��-�---� --- .:......................................................... 11 2.8. Assignment..-�----� .................:...........................��---................................._................. 2.9. Attorneys' Fees ...............................................................�--..................................... 11 2.10. Audit ..-�-�--�-� ........................ -�-----�---........ 11 .............................�-�---................----�---�--.._. 2.19. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion—Primary and Lower Tier Covered Transactions ................................... 12 2 .92. Code Requirements .......................�-�-�--................................................................._ 13 2.13. Confidentiality/Safeguarding of lnformation ............................................................ 13 2.14. Conformance.....--��-�--�-�-��--� ..................................................................................... 2.15. Copyright Provisions ...-�-� .................................................�------�---....-�-�---...._............ 14 2.16. Disaliowed Costs ..............................................��-�--�-�----�--�-�---._........................_...... 14 2.17. Disputes .................................................................................................................. 15 2.18. Duplicate Payment .............................�---�-��--�--��----.................................................. 15 Page iii SEP ARRA Loan Contract F 10-92101- 6I8/2010 � - 219. EthicsJConflicts of Interest......_ ................_........................._..... 2.20. Governing Law and Venue ........................................._............ 2.21. indemnification .....-� ................................................ ............ 2.22. Independent Capacity of the Contractor .................................. 2.23. Industrial Insurance Coverage ................................................. 2.24. Laws ...........................................�-�---..............__........................ 2.25_ Licensing, Accreditation and Registration ................................ 2.26. Limitation of AuthoritY ........................��-----................................ 2.27. Noncompliance with Nondiscrimination Laws ..............._...._.... 2.28. Political Activi#ies �- .................. ........................._........... - 229. Prevailing Wage Law ............................................ ......... � 2.30. Procurement Standards for Federally Funded Programs........ 2.31. Prohibition against Payment of Bonus or Commission ..._........ 2 .32. Publicity........... �-- -�-��----� ........................................ � ............ 2 .33. Recapture ...................... . �- ......._..............._... - ....- ��---... ..... 2.34. Records Maintenance ---� ..............................�-�---...................... 2.35. Registration with Department of Revenue ............................... 2.36. Right of (nspection ................................................ . ........... . 2.37_ Savings.--�-� ....................................................................... .� -... 2.38. Severability .................................................. ...- -.._.._.. -..... 2.39. Subcontracting . .................................................. .........- - 2 .40. Survival ......................... ..........................�-�-�- .._.....- �� ...... 2.49. Taxes ............ .......................................................................... 2.42. Termination for Cause/Suspension .......................................... 2.43. Termination for Convenience ................................................... 2.44. Termination Procedures_ ......................_-._.......__---........---.--..- 2 .45. Waiver..._....._._ -- -�- .........-� . .. . ......................._ ---- ---- 2.46. Work Hours and Safety Standards ...................__._................. _. 15 .15 ._ 15 .. 16 .. 16 .. 16 .. 20 .. 20 .. 20 20 .. 20 .. 20 .. 21 .. 21 .. 21 .. 22 22 .22 -22 .. 22 .. 22 .. 23 .. 23 .. 23 .. 23 .23 .24 -- 24 ATTACHMENT I: SCOPE OF WORK ..................................................................................... 25 ATTACHMENT II: PROMISSORY NOTE .........................................................•---..................29 ATTACHMENT I11: CERTlFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ................................................................................... 30 ATTACHMENT IV: SEP ELIGIBLE PROJECT COSTS ..........................................................31 ATTACHMENT V: UCC FILINGS ............................................................................................ 32 ATTACHMENT VI: CORPORATE RESOLUTION TO BORROW OR GUARANTEE ...........:.33 ATTACHMENT VII: COMMERCIAL SECURITY AGREEMENT ............................................. 35 ATTACHMENT VI11: ADDITIONAL PROVISIONS FOR STATE ENERGY PROGRAM UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 ...................... 36 ATTACHMENT IX: NOTICE OF CONTRACT AWARD AND NOTICE TO PROCEED ..........41 ATTACHMENTX: W-9 ............................................................................................................42 Page iv SEP ARRA Loan Contract F 10-92101- 6/8/2010 CONTRACT FACE SHEET Contract Number: F10-92101-003 Washington State Department of Commerce STATE ENERGY OFFICE STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 'l. Contractor 2. Contractor poing Business As (optional) City of Federal Way N/A PO Box 9718 33325 8 Ave. S. Federal Way, WA 98063-9718 3. Contractor Representatives 4. State Energy Office Representatives Technical Name: Cory Plantenberg Name: Steve Ikerd Phone: 360-725-3111 Phone: 253.835.69'11 E-mail: cory.plantenberg�a�commerce.wa.cLov E-mail: steve.ikerd@cityoffederalway.com Technical Financial Name: Cory Plantenberg Name: Bryant Enge Phone: 360-725-311 Phone: 253_835.2510 � E-mail: E-mail: Bryant.enge@cityoffederalway.com ` invoices Name: Judy Hartman Phone: 360-725-3115 E-mail: judy.hartman@commerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $323,237 Contract Execution Date December 31, Federal: � State: ❑ Other: ❑ N/A: ❑ 2011 9. Federal Funds (as applicabte) Federal Agency CFDA Number $323,236,65 US Dept, of 81-041 Ener 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # 91-1462550 SVW00115957-00 91-1462550 61-250-9901 14. Contract Purpose The purpose of this Contract is to This State Energy Program (SEP) project is funded under the American Recovery and Reinvestment Act (ARRA) of 2009. . The project will be undertaken by the Contractor and will include the activities described in Attachment I: Scope of Work. The purpose of this Contract is to provide $323,236.65 in loan funds for a project that furthers the goals and objectives of the State Energy Program (SEP) under the American Recovery and Reinvestment Act (ARRA) of 2009. This Contract with the city of Federal Way wifl help to fund energy savings and conservation measures at their city hall. The project wi11 be undertaken by the Contractor and will include the activities described in Attachment !: Scope of Wor1c. «LegalName» Page 1 SEP ARRA Loan Contract «LoanNumber» 6/8/2010 Commerce defined as the Washington State Department of Commerce, and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including Attachment I: Scope of Work and Budget; Attachment II: Promissory Note; Attachment II1: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment IV: SEP Eligible Project Costs; Attachment V: UCC Filings; Attachment VI: Corporate Resolution to Borrow or Guarantee; Attachment VII: Commercial Security Agreement; Attachment VII1: Additional Provisions for State Energy Program Revolving Fund under the American Recovery and Reinvestment Act (ARRA) of 2009; Attachment IX: Notice of Contract Award and Notice to Proceed; Attachment X: W-9; and, Handbook. FOR THE CONTRACTOR FOR THE STATE ENERGY OFFICE Tony Usibelli, Director Date Date APPROVED AS TO FORM ONLY Alice Blado Assistant Attorney General 2/11/2010 Date Page 2 SEP ARRA Loan Contract F92101-001 6/8/209 0 CONTRACT TERMS AND CONDITIONS STATE ENERGY PROGRAM REVOLVING FUND AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 Part 1. S PECIAL TERMS AND CONDITIONS 1.1. Definitions As used throughou# this State Energy Program Revolving Fund Loan Con#ract the following terms shall 1�ave the meaning set forth below: "ContracY' sha11 mean this State Energy Program Revolving Fund Loan Contract under the American Recovery and Reinvestment Act of 2009. "Contractor" shall mean the entity identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all empioyees and agents of the Gontractor_ "SEP" shali mean the US Department of Energy State Energy Program. "COMMERCE" shall mean the Washington State Departmen# of Commerce, State Energy Office, who is the recipient of the American Recovery and Reinvestment Act of 2009 grant. 1.2. Authority COMMERCE has awarded the Contractor a SEP loan for an approved project. The Contractor wili be a sub-recipient of funds provided by the United States Department of Energy , CFDA Number 81.141, Title: State Energy Program, award year: FY2009. 1.3. Purpose COMMERCE and the Contractor have entered into this Contract to undertake a pro}ect that furthers the goals and objectives of SEP under the American Recovery and Reinvestment Act of 2009. The project will be undertaken by the Contractor and wi11 include the activities described in Attachment I: Scope of Work. The project must be undertaken in accordance with the fiollowing SEP Contract Terms and Conditions and all applicable federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment I11. 1.4. Order of Precedence In the even# of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and State of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. Page 3 SEP ARRA Loan Contract F 10-92101- 6/8/2010 1.5. Rate, Loan Fee, and Term of Loan COMMERCE shall loan the Contractor a sum not to exceed $323,237, which includes a loan fee of $3,232. The interest rate shall be 3% per annum on the outstanding principai balance, based on a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months. The interest starts accruing on the da#e of first disbursement. The loan fee of $3,232 represents one percent (1%) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion. !f the total foan amount is increased through an amendment, an additiona! loan fee equal to one percent (9%) of the additional loan amount will be assessed at amendment execution_ 1.6. Disbursement of Loan Proceeds and Required Documentation The availability of funds for this program is made available through the American f2ecovery and Reinvestment Act of 2009. Therefore, subject to availability of funds, warrants shalf be issued to the Contractor for payment of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with Attachment !: Scope of Work. The total amount paid shall not exceed one hundred percent (100%) of the actual eligible project costs. Reimbursement requests can be submitted once a month. The loan funds will be disbursed to the Contractor as follows: Upon formai execution of this Contract, the disbursement of loan proceeds up to ninety percent (90%) of the loan amount may be requested if those funds have been spent by the Contractor. Ten percent (10%) of loan proceeds will be held until project completion. Only expenses incurred after the start date on the face sheet are eligible for reimbursement. The disbursement of loan proceeds shall !�e initiated by the Contractor on a Washington State lnvoice Voucher form. All expenses must have been incurred by the Contractor at the time of voucher submittal. Disbursement requests must be supported by bills or invoices as evidence that allowable costs have been incurred. ln the event that the Contractor receives reimbursement for costs that are later determined by COMMERCE to be ineligible, these funds shall be repaid by payment to the Department of Commerce, or its successor, within thirty (30) days o# written notification to the Contractor. Commerce will withhold other disbursements until the repayment is made. The first request for loan reimbursement shall include the loan fee of $3,232. In no case shall loan funds be disbursed for any activities until documentation has been provided that the Contractor has met the following condition: Met the insurance requirements as stated in Section 1.18 In no case shall loan funds be disbursed for project activities until the Contractor has met the following conditions: A Notice to Proceed has been issued by COMMERCE, which follows the formal award of a contract; Completed the Federal and State Environmental Review Processes; Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; Obtained approval from COMMERCE of the project report and related project documents for all applicable activities described in Attachment I: Scope of Work; and Page 4 SEP ARRA Loan Contract F 10-92101- 6/8/2010 Complied with any other loan conditions required by COMMERCE. At the time of project completion, the Contractor shall submit to COMMERCE a Certified Project Completion Report certifying the total actual project costs, and a final voucher for the remaining eligible funds including the 10% withheld until project completion. 1.7 Time of Performance The Contractor shall begin the activities identified within Attachment i: Scope of Work no later than thirty (30) days after receiving the Notice to Proceed letter from COMMERCE. The Contractor must complete the project no later than December 31, 2011. The Contractor shall not begin construction activities until the Contractor has complied with a11 provisions of Section 106 of the National Historic Preservation Act of 1966 and has received the confirmation from the Department of Energy that it has met the requirements of the National Environmental Policy Act (NEPA). Faiture to meet Time of Performance within the time frame described +n this Contract shall constitute defautt under this Cantract, and as a resuit, this Contract may be terminated. In the event of extenuating circumstances, the Contractor may request, in writing, that COMMERCE extend the deadline fvr issuance of the Notice to Proceed and/or for project completion. COMMERCE will not extend the time of project completion. The term of this Contract shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 1.8. Final Amendment and Final Report The Contractor shall initiate a�inal Amendment to this agreement by submitting a Certified Project Completion Report when activities identified in Attachment I: Scope of Work are complete and the Contractor agrees that no additionai eligible costs will be reimbursed. COMMERCE will supply the Contractor with the Final Report documents upon request. In the Final Amendment, the Contractor will provide the following information to COMMERCE: A certified statement of the actual dollar amounts spent, from all fund sources including ma#ch, in completing the project as described in Attachment I: Scope of Work. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/o� contract work is performed. Evidence documenting compliance with audit requirements as referenced in Section 2.10. A final voucher for the remaining eligible funds. The executed Finaf Amendment with the final disbursed foan amount listed shall determine the loan repayment schedule. The final loan repayment schedule w+11 be prepared by COMMERCE. 1.9. Repayment Loan repayments shall be made to COMMERCE in accordance with Attachment II: Promissory Note_ 1.10. Default in Repavment Loan repayments shall be made in accordance with Attachment II: Promissory Note. A payment not received within thirty (30) days o# the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty wiN be one percent {�%) per month or twelve percent (12%) per annum of the delinquent paymen# amount. These Page 5 SEP ARRA Loan Contract F 10-92101- 6l8/2010 same penalty terms shall apply if the repayment of loan funds determined to be inelfgible costs are not repaid within thirty (30} days as provided for in Section 1.6. Upon defauit in the payment of any annual installment, COMMERCE may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure #o exercise its option with respect to any such repayment in default shall not constitute a waiver by COMMERCE to exercise such option #or any succeeding installment payment that may #hen be in default. The Cont�actor shall be responsible for all legal fees incurred by COMMERCE in any action undertaken to enforce its rights under this section. 1.11. Loan Securitv Loan documents are those standard documents required by COMMERCE to make and close the loan, including, but not limited to, the Promissory Note, first or junior deeds of trust, security agreements, financing statements and assignment of assets, and others that may be +ncluded as attachments to this document. The Contractor hereby agrees that the loan documents shall inure to the benefit of COMMERCE and that COMMERCE shall review the form of the loan documents prior to execut+�n. Collateral: As security for the full and timely payment of the loan and performance of all of the Contractor's obligations under this Contract and all renewals, extensions, or amendments thereof, the Contractor grants to COMMERCE a security interest as follows: • The loan sha11 be secured by valid liens on Contractor's accounts and/or assets, including but not limited to accounis receivable, the dedicated account for loan repayment, and proceeds there#rom. COMMERCE is responsible for filing these liens. Said liens will not be subordinated to any other loans entered into by the Contractor after the date of the execu#ion of this Contract. • The security interest shall be evidenced by a Promissory Note, Commercial Security Agreement, and UCG1 form. ■ The Contractor agrees to assist COMMERCE in the completion and filing of all financing statements or other collateral documentation reasonably required by COMMERCE. Collateral Documents: The Contractor shall execute all necessary assignments, security agreements, and financing statements to establish, perfect, and maintain the security interests of COMMERCE_ Nothing in this section shall absolve the Contractor of its obligation to make loan repayments when due. 1.12. Historical and Cultural Artifacts The Contractor acknowledges that the project funded by this Contract is subject to Section 106 of the National Nistoric Preservation Act of 1966. The Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements reiated to the preservation of historical or cultural artifacts, and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the Contractor's project funded under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural artifacts monitoring plan, inadvertent discovery plan, or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction, and implement reasonable measures to protect the discovery site from further disturbance, take reasonable Page 6 SEP ARRA Loan Contract F 10-92101- 6/8/2010 steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee and the state's historical preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and loca! enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all contracts for work or services related to Attachment !: Scope of Work. !n no case shall construction activities begin until the Contractor has complied with ali provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set for#h in this Contract, the Contractor agrees to comply with Revised Code of Washington (RCW) 27.44 regarding lndian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned ar�d Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. 1.13. Federal and State Requirements The Contractor assures compliance with all applicable federal, state, and locat laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project, including but not limited to those listed in Attachments III, IV, and V. The Contractor assures compliance with all applfcable provisions of the American Recovery and Reinvestment Act of 2009 as enacted and as hereafter amended. 1.14. Competitive Biddinq Requirements The Contractor acknowledges that this Contract is funded by the American Recovery and Reinvestment Act of 2009 and shal( comply with all provisfons of this Act. The Contractor shatl include Section 1512, Section 1605, and Section 1606 provisions of the Act and require these provisions be contained in all contracts with any subcontractors for work or services related to Attachment I: Scope of Work. 1.15. Eliyible Proiect Costs The Contractor assures compliance with Attachment 1V : SEP Eligible Project Costs, which identifies eligible costs for projects funded by COMMERCE SEP grants and loans. 1.16. Nondiscrimination Provision During the performance of this Contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but nok limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law, reguiation, or policy, this Contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. 1.17. Litiqation The Contractor warrants that there is no threatened or pending fitigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the Contractor's ability to repay the loan. 1.18. Insurance i"he contractor may provide evidence of self insurance to the limits required in this agreement. Page 7 SEP ARRA Loan Contract F 10-92101- 6/8/2010 Liability Coverage: At its sole expense, the Contractor shall obtain and keep in force, during completion of activities listed in Attachment I: Scope of Work, Commercial Generat Liability coverage, written on form CG 00 01 07 98 (ISO) or later editions. Policy limits should be no less than $1,000,000 per occurrence with a general aggregate limit of $5,000,000. Coverage shaH be written on an occurrence basis, with COMMERCE named insured at policy inception. Said policy shall be endorsed to reflect that the Contractor, not COMMERCE, shall be responsible for the payment of policy premiums, and that coverage shall be limited to claims arising from the project or projects financed by the loan proceeds under this Contract. Property Coverage: The Contractor shall obtain and keep in force, during the term of this loan, a policy or policies of insurance providing coverage for a�l risks of physical damage or loss to the improvements and/or structures to be constructed using the proceeds �f the loan contemplated by this Contract_ Said policy or poticies shal{ pravide replacement cost coverage, with adequate policy limits to assure no co- insurance exposure by any insured under the policy or loss-payee thereunder. Said polices shall provide no less coverage than provided by the Builders Risk Coverage Form (CP 00 20 06 95 ISO), with any and aA necessary endorsements to provide the all risk, replacement cost coverage, to the improvements and/or structures constructed utilizing the loan proceeds under this Contract. At its sole expense, upon completion of construction, the Contractor shall obtain and keep in force, during the term of this loan, permanent property coverage providing coverage for all risks of physical damage, written on a replacement cost basis. Contractor sha11 maintain adequate policy limits to enable all insured and loss payees to avoid any exposure to co-insurance penalties. No loss deductible sha(I exceed fiue percent (5%) of any loss, and COMMERCE shall have no loss deductible payment obligation under said policy/policies. COMMERCE shall be an insured and the loss-payee under all policies required by this section, to the extent of its insurable interests. General Provisions: Within thirty (30) days of the execution of this Contract, the Contractor shall de�iver to COMMERCE a certificate of insurance for liability coverage certifying that the insurance coverage required by this section has been obtained. Before being issued a Notice to Proceed, the Contractor shall deliver to COMMERCE a certificate of insurance for property coverage certifying that the insurance coverage required by this section has been obtained. COMMERCE reserves the right #o review the insurance policies required by the section, and to accept or reject them. The Contractor at its sole cost has the obligation to replace or secure the coverage to replace policy provisions rejected by COMMERCE. Each policy shall contain a provision requiring the insurance carrier to notify COMMERCE in writing at least seven (7) days prior to any policy cancellation, or any failure by the Contractor to pay the policy premiums, or of any lapse in coverage. The coverage required by this section shall be secured exclusively through insurance carriers licensed to do business in the State of Washington, and shall not be subject to any self-insured retained limits. Page 8 SEP ARRA Loan Contract F 10-92101- 6/8/2010 1.19 Publications This section replaces Section 2.1� Copyright Provisions in the General Terms and Conditions. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the Contract. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number(s) "DE-EE0000139". Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability of responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, � trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendatian, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 1.20 Administrative Costs Any allowable administrative or indirect costs must be included in the approved budget in this Contract. Page 9 SEP ARRA Loan Contract F 10-92101- 6/8/2010 Part 2. GENERAL TERMS AND CONDlTIONS 2.1. Definitions As used throughout this Contract, the following terms shail have the meaning set forth below: "Authorized Representative" shall mean the Director of the Washington State Department o# Commerce and/or the designee authorized in writing to act on his or her behalf. "Contractor" shall mean the entity identified on the face sheet receiving funds under this Contract, and shatl include all employees and agents of the Contractor. "COMMERCE" shall mean the Washington State Department of Commerce. "Personal lnformation" shail mean information identifiable to any person, including, but not limited to, information that relates to a person's name, heatth, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. "State" shall mean the state of Washington. "Subcontractor" shall mean one not in the employment of the Contractor, who is per#orming all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontracto�' and "subcontractors" mean subcontractor(s) in any tier. 2.2. Administrative Cost Allocation Administrative costs that may be allowed are set forth in the Special Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allQCation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 2.3. Ailowable Costs Costs aliowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.4. All Writings Contained Herein This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto_ 2.5. Amendments This Contract may be amended by mutual agreement of the pa�ties. Such amendments shall no# be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.6. Americans with Disabilities Act IADA) The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Page 10 SEP ARRA Loan Contract F 10-92101- 6/8/2010 2.7. Approvai This Contract shall be subject to the written approval of COMMERCE's authorized representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 2.8. Assiqnment Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 2.9. Attornevs' Fees Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.10. Audit General Requirements Contractors are to procure audit services based on the fallowing guidelines. The Contractor shall maintain its records and accounts so as #o facilitate the audit requirement and shall ensure tha# Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or tha# of its Subcontractors_ COMMERCE reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. Federal Funds Requirements - OMB Circular A-133 Audits of States, Local Governments and Non- Profit Organizations Contractors expending $500,000 or more in a fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non-Profit Organizations." Revised OM8 A-133 requires the Contractor to provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited. The Schedule of State Financial Assistance must be included. Both schedules include: • Grantor agency name • Federal agency • Federal program name ■ Other identifiying contract numbers • Catalog of Federal Domestic Assistance (CFDA) number • Grantor contract number Page 11 SEP ARRA Loan Contract F 10-92101- 6/8l2010 ■ Total award amoun# including amendments (total grant award) ■ Beginning balance • Current year revenues • Current year expenditures ■ Ending balance • Program total !f the Contractor is a state or local government entity, the Office of the State Auditor shail conduct the audit. Audits of nonprofit organizations are to be conducted by a certified public accountant selected by #he Contractor in accordance with OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financiai records must be available for review by Board. Documentation Requirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Commerce ATTN: Audit Review and Resolution Office 906 Columbia Street SW, Fifth Floor PO Box 48300 Olympia WA 98504-8300 In addition to sending a copy of the audi#, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. • Copy of the Management Letter. 2.11. Certification Reqardinq Debarment. Suspension or Ineliqibilitv and Voluntarv Exclusion—Primary and Lower Tier Covered Transactions Contractor, defined as the primary participant and its principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for debarment, declared ineiigible, or vofuntarily excluded from covered transactions by any federal department or agency. Nave no# within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminai offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, fialsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3_ Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Attachment III, paragraph b; and Page 12 SEP ARRA Loan Contract F10-92101- 6/8/2010 4. Have not within a three-year period preceding the signing of this Contract had one or more public transactions (federal, state, or local) terminated for cause of default. Where the Contractor is unable to certify to any of the statements in this Contract, the Contractor shall attach an explanation to this Contract. The Contractor agrees by signing this Contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, decla�ed ineiigible, or voluntarily excluded from participation in this covered transac#ion, unless authorized by COMMERCE. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a) The lower tier contractor certifies, by signing this Contract that nei#her it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency_ b) Where the lower tier contractor is unabie to certify to any of the statements in this Contract, such contrac#or shall attach an explanation to this Contract. The terms covered transaction, debarred, suspended, ineligibie, lower tier covered transaction, person, primary covered transaction, principal, and voluntariiy excluded, as used in this sectian, have the meanings set out in the Definitions and Coverage sectfons of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 2.12. Code Requirements All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federa! building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.13. Confidentiaiitv/Safequardinq of Information A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, tetephone numbers, socia! security number, driver's license number and other identifying numbers, and "Protected Health Informa#ion" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Page 13 SEP ARRA loan Contract F 10-92109 - 6!8/2010 The Contractor shaU comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidentiai Information to any third party except w+th the prior written consent of COMMERCE or as may be required by law. The Contractor shatl take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately retum to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. Unauthorized Use or Disclosure_ The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure_ 2.14. Conformance If any provision of this Contract violates any statute or ru�e of law of the state of Washington, it is considered modified to conform to that statute or ruie of law. 2.15. Copyriqht Provisions Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defned by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials_ In the event the Materiais are not considered "works for hire" under the U.S. Copyright iaws, the Contractor hereby irrevocably assigns all right, tiile, and interest in ali Materials, including all intellectual property rights, moral rights, and rights of publici±y to COMM�RCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights_ For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royaity-free, irrevocable license (with rights to subiicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has ail rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materiafs furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contrac#or shatl provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.16. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. Page 14 SEP ARRA Loan Contract F 10-92101- 6/8/2010 2.17. Disputes Excep# as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be +n writing; ■ state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representat+ve within three (3) working days af#er the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution {ADR) method in addition to the dispute hearing procedure outlined above. 2.18. Duplicate Pavment The Contractor certifies that work to be performed under this Contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.19. Ethics/Conflicts of Interest In performing under this Contract, the Contractor sha11 assure compliance with the Ethics in Public Service Act (RCW 42.52) and any other applicable state or federal law related to ethics or conflicts of interest. 2.20. Governinq Law and Venue This Contract shall be construed and interpreted in accordance with the laws of the state of Washing#on, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County_ 2.21. Indemnification To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmiess the state of Washington, COMMERCE, all other agencies of the state and all officers, agents and employees of the state, from and agains# all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated or reduced by any actual or alleged concurrent negtigence of the State or its agents, agencies, employees and officers. Subcon#racts shali include a comprehensive indemnification clause holding harmless the Contractor, COMMERCE, the state of Washington, its o�cers, employees and authorized agents. Page 15 SEP ARRA Loan Contract F 10-92101- 6/8/2010 The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the State and its agencies, officers, agents or employees_ 2.22. Independent CapacitV of the Contractor The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an o�cer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be sofely with the Contractor. 2.23. Industrial Insurance Coverage The Contractor shall comply with all app(icable provisions of Title 51 RCW, Industrial Insurance. If the Cont�actor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Depa►tment of Labor and Industries, (L&�) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.24. Laws The Contractor shall comply with all applicable faws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws, Regulations and Circulars (Federal) American Recovery and Reinvestment Act (ARRA) of 2009 Audits Offiee of Management and Budget (OMB) Revised Circular A-133 "Audits of States. Local Governments, and Non-Profit Organizations." Environmental Protection and Review Coastal Barrier Resources Ac# of 9982, 16 U.S.C. 3501 et seq. HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate. Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 also 24 CFR 982.401Q). National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq. and the lmplementing Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. Flood Plains Flood Disaster Protection Act of 1973, 42 USC 4001-4128. Page 16 SEP ARRA Loan Contract F 10-92101- 6/8/2010 Labor and Safety Standards Ali Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Af#ordability Period. Convict Labor, 18 U.S.C. 751, 752, 4081, 4082. Davis Bacon Act, 40 U.S.C. 276a-276a-5. Drug-Free Workplace Act of 1988, 41 USC 701 et seq. Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. Work Hours and Safety Act of 9962, 4D U.S.C. 327-330 and Department of Labor Regulations, 29 CFR Part 5. Title 1V of the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4831, 24 C�R Part 35. Laws against Discrimination Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90 Nondiscrimination in FederaAy Assisted Programs. Americans with Disabilities Act of 1990, Public Law 101-336 Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 6Q. Executive Order 11246, as amended by EO 19375, 11478, 12086 and 12102. Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 U.S.C. 3601-19. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 U.S.C. 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 U.S.C. Section 794. Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631. Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C_ 2002d et seq., 24 CFR Pa�t 1. Nond+scrimination in employment, Title VII of the Civil Rights Act o# 1964, Public Law 88-352. Page 17 SEP ARRA Loan Contract F10-92101- 6/8/2010 Nondiscrimination in Federally Assisted Programs. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60_ Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u(See 24 CFR 570.607(bj). Office of Management and Budget Circulars o Uniform Administrative requirements for Grants and Other Local Agreements with Institutions of Nigher Education, Hospitals and Other NonProfit Organizations, OMB Circular 110; o Cost Principles for Nonprofit Organizations, OMB Circular A-122; and o Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, �ocal Governments, and Non-Profit Organizations. o Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A 87, 2 CFR, Part 225. o Grants and Cooperative Agreements with State and Local Governments, OMB Circular A 102, (if the Contractor is a local government or federally recognized Indian tribal government). Other Anti-Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c, 41 U.S.C. 51-54. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 U.S.C. 1501-8. Internal Revenue Service Rutes, August 31, 1990. Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti-Lobbying Amendment) 31 U.S.C. 1352 provides that contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee ofi a member of Congress in connection with obtaining any Federai contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting. Section 8 Housing Assistance Paymen#s Program. Payment to Consultants, 40 CFR 31.36(j) or 30.27(b) Recycling and Waste Prevention, Execut+ve Order 13423 and or 40 CFR 30.16 Privacy Privacy Act of 1974, 5 U.S.C. 552(a). Page 18 SEP ARRA Loan Contract F10-92101- 618/2090 Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. Section 104(d) of the Housing and Community Development Act of 1974 and the implementing reguiations at 24 CRF part 570. Washington State Laws and Regulations Affirmative action, RCW 41.06.020 (11). Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264 RCW. Disclosure-campaign finances-lobbying, Chapter 42.17 RCW. Discrimination-human rights commission, Chapter 49.60 RCW. Ethics in public service, Chapter 42.52 RCW_ Housing assistance program, Chapter 43.185 RCW Interlocal cooperation act, Chapter 39.34 RCW. Noise control, Chapter 70.107 RCW. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. Open public meetings act, Chapter 42.30 RCW. Prevailing wages on public works, Chapter 39.12 RCW. Public records act, Chapter 42.56 RCW. Relocation assistance - real property acquisition policy, Chapter 8.26 RCW. Sho�eline management act of 1971, Chapter 90.58 RCW_ State budgeting, accounting, and reporting system, Chapter 43.88 RCW. State building code, Chapter 19.27 RCW and Energy-related building standards, Chapter 19.27A RCW, and Provisions in buildings for aged and handicapped persons, Chapter 70.92 RCW. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program, Washington State Department of Ecology. State environmental policy, Chapter 43.21 C RCW. State Executive Order 05-05 Archeological and Cultural Resources. Page 19 SEP ARRA Loan Contract F 10-929 01- 6!8/2010 2.25. Licensinq, Accreditation and Reqistration The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 2.26. Limitation of AuthoritY Onty the Authorized Representative or Authorized Representative's designee by writing {designation to be made prior to action) sha►I have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.27. Noncompliance with Nondiscrimination Laws During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal #o comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for fu�ther contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 2.28. Political Activiti Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public o�ce. 2.29. Prevailinq Waqe Law All contractors and subcantractors performing work on a construction project tunded through ihis agreement shall comply with prevailing wage laws by paying the federal prevailing wages as specified befow. The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shalf be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. 2.30. Procurement Standards for Federallv funded Proqrams A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for a11 purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circufar A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for a11 purchases funded by this Contract. The Contractor's procurement system should include at least the #ollowing: A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federai funds. Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. Page 20 SEP ARRA Loan Contract F 10-92101- 6/8J2010 Minimum procedural requirements, as follows: 1. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. 2. Solici#ations sha11 be based upon a clear and accurate description of the technical requirements of the procured items. 3. Positive efforts shall be made to use small and minority-owned businesses. 4. The type of procuring instrument {fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. 5_ Contracts shali be made only with reasonabie subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement_ 6. Some #orm of price or cost anafysis should be performed in connection with every procurement action. 7. Procurement records and files for purchases shall inciude all of the following: Contractor selection or rejection. The basis for the cost or price. Justification for iack of competitive bids if offers are not obtained. 8. A system for cont�act administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds from this Contract to enter into a sole source contract or a contract where only one bid or proposal is received when value of this Contract is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 2.31. Prohibition aqainst Pavment of Bonus or Commission The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.32. Publicitv The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may �easonably be inferred or implied, without the prior written consent of COMMERCE. 2.33. Recapture In the event that the Contractor fails to perform this Contract in accordance with state laws, fiederal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amoun# to Page 21 SEP ARRA Loan Contract F 10-92101- 6/8/2010 compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 2.34. Records Maintenance The Contractor shall maintain all books, records, documents, data and other evidence relating to this � Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufFciently and properly reflect all direct and indirect costs of any nature expended in #he performance of this Contract. The Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.35. Reqistration with Department of Revenue If required by iaw, the Contractor shall complete registration with the Washington State Department of Revenue. 2.36. Riqht of Inspection At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the Sta#e Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract_ The Contractor shall provide access to its facilities for this purpose. 2.37. Savinqs In the event that funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.38. Severability If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contract are declared to be severable. 2.39. Subcontractinq The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as we11 as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition o# this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal Page 22 SEP ARRA Loan Contract F10-92101- 6/8/2010 conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liabiiity of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 2.40. Survival The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.41. Taxes Afl paymen#s accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff sha11 be the sole responsibility ot the Contractor. 2.42. Termination for Cause/Suspension In event COMMERCE determines that the Contractor failed to comply with any term or condition of this Contract, COMMERCE may terminate the Contract in whole or in part upon written notice to the Contractor_ Such termination shall be deemed "for cause." Termination shall take effect on the date specified in the notice. In the alternative, COMMERCE upon written notice may allow the Contractor a specific period of time in which to correct the non-compiiance. During the corrective-action time period, COMMERCE may suspend further payment to the Contractor in whole or in part, or may restrict the Con#ractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow COMMERCE to termina#e the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a"Termination for Convenience" when COMMERCE determines that the Contractor did not fail to comply with the terms of the Contract or when COMMERCE determines the failure was not caused by the Contractor's ac#ions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). 2.43. Termination for Convenience Except as otherwise provided in this Contract, COMMERCE may, by ten (10j business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable oniy for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.44. Termination Procedures After receipt of a notice of termination, except as othen�vise directed by COMMERCE, the Contractor shall: Stop work under the Contract on the date, and to the extent specified, in the notice; Place no further orders or subcontracts for materials, services, or facilities related to the Contract; Assign to COMMERCE all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or Page 23 SEP ARRA Loan Contract F 9 0-92101- 6/8/209 0 pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settie such claims must have the prior written approval of COMMERCE; and Preserve and transfer any materials, contract deliverabies and/or COMMERCE property in the Contractor's possession as directed by COMMERCE. Upon termination of the Contract, COMMERCE shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination_ COMMERCE may withhold any amount due as COMMERCE �easonably determines is necessary to protect COMMERCE against potential loss or liability resulting from the termination. COMMERCE shall pay any withheld amount to the Contractor if COMMERCE later determines that loss or liability will not occur. The rights and remedies of COMMERCE under this section are in addition to any other rights and remedies provided under this Contrac# or otherwise provided under law. 2.45. Waiver Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach_ Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 2.46. Work Hours and Safety Standards Where applicable, all contracts awarded by recipients in excess of $900,000 for construction and other purposes that involve the employment of inechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker +s compensated at a rate of not less than 1'/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no taborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materiais or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence_ Page 24 SEP ARRA Loan Contract F 10-92101- 6/8/2010 ATTACHMENT I: SCOPE OF WORK and BUDGET STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRAj OF 2009 F10-92101-003 Pro�e�t z�tie: Federal Way City Hall Energy Improvements A. SCOPE OF WORK Task 0: No funds will be disbursed until the following requirements have been met: a. Evidence of Insurance b. Approval from the US Department of Energy regarding the National Environment Policy Act requirements c. All sections of this agreement have been signed. Task 1: Complete Compliance Review a. Complete Cultural/Historical Resources Review: Completed b. Complete NEPA/SEPA Environmental Review: Completed Task 2: Grant Agreement Execute Grant Agreement with Department of Commerce: 6/25/2010. Task 3: Procure Professional Services a. Solicit and select preferred contractor to develop a Performance-Contract for Energy Services: b. Description: Carry out an energy efficiency audit of the facility and make recommendations on feasibility of improvement projects. c. Outcome: A feasibility study that outlines all of the energy efficiency measures included in this project with cost estimates and energy savings calculations d. Budget: Total Cost $25,000. e. Timeline: • Task expected start date: 6/4/2010 • Task expected end date: 7/31/2010 Task4: Obtain Permits Obtain Electrical and Mechanical Permits Task 5: ECM 1. Energy Efficient Lighting Retrofit a. Description: Upgrade and relamp lighting system. b. Outcome: Improve the aesthetics of the building and yield a significant reduction in wattage. c_ Budget: Total Cost $276,544: Task 6: ECM 2. Heating, Ventilating and Air Condition Systems Improvements a. Description: Replace several main HVAC units with high efficiency equivalents. b. Outcome: Improve HVAC energy performance from an Energy Star Rating of 75 to 85. City of Federal Way Page 25 SEP ARRA Loan Contract F10-92101-003 June 8, 2010 c. Budget: Total Cost $257,850: Task 7: ECM 3. HVAC Control System Performance Tuning and EMS Recommissioning a. Description: Performance-tune the HVAC control system. b. Outcome: Reduce unnecessary simultaneous heating and cooling of ventilation air as well as maximize the HVAC temperature/pressure reset strategies and schedules. c. Budget: Total Cost $117,800. Task 8: Final Report City of Federal Way Page 26 SEP ARRA Loan Contract F10-92101-003 June 8, 2010 BUDGET GRANT TITLE: Fed. Grant No. COM Point of Contact Fundinq TYPE )JECT NAME: COM Agreement No. Applicant Name Address, City Zip Sub-reeiepient POC t.ategor�es General Administration Project Administration Environmental Review Architectural Fees Engineering Fees Commercial/industrial Facility Goods and Services Travel Construction Labor Costs Project Material Costs Total Costs Percentage (Total Pro'ect Costs) aR�tA O#hec 39 ` DE-EE(�OOQ139 Co Plantenber X SEP Loar SEP G�an City of Federal Way — City Hall Energy Improvements F1Q-�2101-Q43 City of Federal Way PO Box 9718 Federal Way, WA. 98063-9718 ATTN: ' Bryant Enge x ( LOANlGRANT MATCH Commerce SEP Fed PSE Grants Totaf Costs $ 29,113.33 $29.113.34 $5�;�6;67 ` $ 24,896.56 � � j $ 24,896.56 $4�3,793_11 � $ 28,003.71 ` $ 28,003.71 $Sfi $0 $0 $0": $ 13,457.60 $ 13,457.60 $26�315.2i1 ; $ 1,345_76 $ 1,345.76 $26�15�; $ 4,800.64 $ 4,800.64 � � - �� : $ 2,691.52 $ 2,691.52 � =:�5;383_f14. $ 86,801.50 $ 86,801.50 ': $'�7� 6�� E�� ` £� i' $132,126.02 $132,126A2 , $26��.�,:fl�` � �� . $325,236.64 - $325;236.65 ; $646,4�`� �9 50.00% " 50.00% � �f� QQ �, F. � , t� �w�✓ ,� � : l� `Y ?� � S ' % 3 � ��' � �'i^�'` ��. Y� M»a . � , v.. "��. ..�. . r��.� .�. . eY City of Federal Way Page 27 SEP ARRA Loan Contract F10-92101-003 June 8, 2010 C. ANTICIPATED PROJECT FUNDING The matching funds wiN cover 50°/a of the project. SEP Award Funds $325,236.64 Match — Puget Sound Energy --- Li htin Grant $167,436.58 Match — Puget Sound Energy --- Retrofit Grant $ 9 55,800.07 Balance of match to be s ent $325,236.65 Total Pro"ect Costs $646,473.29 Costs per Energy Conservation Measure (ECM) Task Construction Project Materiai Task Recommended ECM Labor Costs Costs Total Costs ECM #1 Li htin Efficienc U rades $ 60,646.00 $ 182,519_00 $ 243,165.00 ECM #2 Heat Pump $ 7,934.00 $ 10,050.00 $ 17,984.00 ECM #3 Insuiation for Upper Floor $ 69,338.Q0 $ 44,50�.00 $ 113,838.00 ECM #4 install Sotar Thermal S stem $ 16,061.00 $ 15,540.00 $ 31,601.00 ECM #5 Premium Efficient Motors for $ 2,732.00 $ 2,360.00 $ 5,092.00 Exhaust Fans ECM #6 EMS Recommissioning $ 16,641.00 $ 9,100.00 $ 25,741.00 ECM #7 Vendin Machine Controls $ 253.00 � 183.00 ! $ 436.00 TOTALS $ 173,603.00 $ 264,252.00 $ 437,855.00 City of Federal Way Page 28 SEP ARRA Loan Contract F90-92101-003 June 8, 2010 �4TTACHMENT Ii: PROMISSORY NOTE STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 F10-92101-003 Amount: $323,237 County: King Date: 06/02/10 The City of Federal Way promises to pay to the order of the Washington State Department o# Commerce (COMMERCE) the value of loan disbursements received plus the loan fee, at a rate of 3% per annum. The final loan payabie will be the amount disbursed ptus the accrued interest. The term of the loan shall not exceed five years plus any deferral negotiated, beginning at project completion. The loan term starts at project completion. Loan repayment installments are due on October 1 St of each year during the repayment years_ The first loan repayment is due on_ October 1st of the following year of project completion. Only interest accrued to date will be charged for the first payment. AN subsequent payments shall consist of principal and accrued interest due on October 1 of each year during the remaining term of the loan. The final payment shall be an amount su�cient to bring the loan balance to zero. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without pena(ty. The Contractor has the right to request deferral of the loan payments for up to two years. This wi(I extend the �oan period. Approval of this request will be at COMMERCE"S discretion. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Commerce, or its successor. Default in the payment of any installment of principal or interest, at the option of COMMERCE, shall render the whole amount due and payable, whether due by lapse of time or not, time being of the essence of this agreement. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any other time. Default under this note is defined in the Contract Section 1.10. Upon default, this note shall bear interest at the penalty rate specified in the Loan Contract. Should any action be brought for the collection of any principal or interest due under this note, the undersigned promises to pay all costs thereof, including such additional sum as attorneys' fees, as the court may adjudge reasonable. The makers and endorsers severally waive presentment, protest, and demand, no#ice of protest, demand, or dishonor and nonpayment of this note, and expressly agree that this note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the makers and endorsers hereof. This note is to be governed by and construed in accordance with the laws of the State of Washington and policies of COMMERCE Date City of Federal Way Page 29 SEP ARRA Loan Contract F10-92101-003 Ju�e 8. 2010 ATTACHMENT III: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS �� • s "�. �� , s�g .��, a �r�� -� �* �11 i� � �* The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligib�e, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period pceceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connectian with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (�ederal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applicationlproposal had one or more public transactions (�ederal, S#ate, or local) terminated for cause or default. i understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment #or up to 5 years, or both. Date �. I am unable to certify to the above statements. My explanation is attached. City of Federal Way Page 30 SEP ARRA Loan Contract F10-92101-003 June 8,2010 ATTACHMENT IV: SEP ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. Cost associated with collecting and preparing environmental assessment documents to obtain federal and local permits. 2. Direct labor including related employee benefits: a. Saiaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in the project. b. Employee benefits relating to labor are considered a direct cost of projects. The following items may be included as employee benefits: • F.t.C_A_ (Social Security) —employer's share • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. 4. Direct vehicle and equipment charges at the actual rentai cost paid for #he equipment 5. Direct materials and supplies. 6. Purchase of equipment. All equipment purchases must be approved by the US Department of Energy_ 7. Travel if directly related to the project and, if out-of- state, approved by Commerce. 8. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: a. Telephone charges_ b. Computer usage. c. Printing and advertising_ 9. Other project related costs may include: • Audit. • Insurance. • Prevailing wages. • Attorney fees. 10. Any allowable adminis#rative or indirect costs must be listed in the approved budget. 3. Contract engineering, planning, design, legal, and financial planning services. COMMERCE reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. City of Federal Way Page 31 SEP ARRA Loan Contract F 10-92101-003 6/8/2010 ATTACHMENT V: UCC FILINGS STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 F10-92101- The Department of Commerce will not file a lien against the City of Federal Way. City of Federal Way Page 32 SEP ARRA Loan Contract F 10-92101-003 6/8/2010 ATTACHMENT V1: CITY RESOLUTION TO BORROW OR GUARANTEE STATE ENERGY PROGRAM AMERIGAN RECOVERY AND REiNVESTMENT ACT (ARRA) OF 2009 F 10-92101-003 Recipient: City of Federal Way PO Box 9718 . Federai Way, WA 98063-9718 Lender: Department of Commerce Post Office Box 43173 Olympia, WA 98504-3173 I, the undersigned Mayor of the City of Federal Way, hereby certify as follows: the City is organized and existing under and by virtue of the laws of the State of Washington. The City has its principal office located at: I further certify that at a meeting of the City Council, duly antl regularly called and held on the day of , 20_, at which a quorum was present and voting, the following resolutions were unanimously adopted: (a) To borrow from Lender, on such terms as may be agreed upon between the officers or employees and Lender, such sum or sums of money as in their judgment should be borrowed. (b) To execute and deliver to Lender the promissory note or notes of the City, on Lender's forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any indebtedness of the City to Lender, and also to execute and deliver to Lender any renewal or renewals of the notes, or any of them, or any part thereof. (c) To execute and deliver to Lender the form of pledge agreement, security agreement, and financing statement which may be submi#ted by Lender, and which shall evidence the terms and conditions under and pursuant to which such pledges, or any of them, are made; and also to execute and deliver to Lender any mortgages, deeds, trust indentures, or other instruments in writing, or any kind or nature, which may be necessary or proper in connection therewith, or pertaining thereto. (d) To do and perform such other acts and things and to execute and deliver such other documents as may in their discretion be deemed reasonably necessary or proper in order #o carry into effect any of the provisions of these Resolutions. BE !T FURTFiER RESOLVED that these Resolutions shall remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by Lender. Any such notice shall not afFect any agreements in effect or committed at the time notice is given. City of Federai Way Page 33 SEP ARRA toan Contract F 10-92101-003 6/8/2010 1 further certify that the foregoing Resolutions now stand of record on the books of the City; that they are in full force and effect and have not been modified or revoked in any manner whatsoever. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the City this Day of , 20 Mayor's Signature: Print IVame: City of Federai Way Page 34 SEP ARRA Loan Contract F 10-92109 -003 6/8/2010 ATTACHMENT VII: COMMERGIAL SECURITY AGREEMENT STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 F10-92101-003 Contractor: City of Federal Way Lender: Department of Commerce PO Box 97't8 State Energy Office Federal Way, WA 98063-9798 Post Office Box 43173 Olympia, WA 98504-3173 The Qepartment of Commerce wili not require the City of Federal Way to sign a Commercial Security Agreement. City of Federal Way Page 35 SEP ARRA Loan Contract F 9 0-92101-003 6/8/2010 ATTACHMENT VIII: ADDITIONAL PROVISIONS FOR STATE ENERGY PROGRAM UNDER THE AMERfCAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Public Law 111-5 1. Recovery Act Reporting Requirements; Section 1512(c) of the Recovery Act Contractor acknowledges and agrees that the American Recovery and Reinvestment Act of 2009, hereinafter "Recovery AcY' places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website -- Recovery.gov -- to provide information to the public, including access to detailed information on grants and contracts made with Recovery Act funds. COMMERCE, as a recipient of Recovery Act funds, must comply with the Recovery Act's extensive reporting requirements, including quarterly financial and programmatic reporting due within 10 calendar days after tMe end of each calendar quarter. COMMERCE must ensure receipt of funds is made contingent on recipients meeting the reporting requirements of Section 1592. COMMERCE will require periodic reports from its sub- recipients in order to fuifill its reporting obligations. Contractors receiving Recovery Act funds may expect that a standard form(s) and/or reporting mechanism will be made available at a future date. Contractor agrees to provide to COMMERCE all reports, documentation, or other information, as may be required by COMMERCE to meet reporting obligations under the Recovery Act. Cot�tractor's receipt of funds is contingent on Contractor meeting the reporting requirements of Section 1512. Additional instructions and guidance regarding the required reporting will be provided as they become available. For,planning purposes, however, Contractors receiving Recovery Act funds should be aware that Recovery Act section 1512(c) provides: Recipient Reports- Not later than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains— (1) The totat amount of recovery funds received from that agency; (2) The amount of recovery funds received that were expended or obligated to projects or activities; and (3) A detailed list of all projects or activities for which recovery funds were expended or obligated, including: (a) The name of the project or activity; (b) A description of the project or activity; (c) An evaluation of the compietion status of the project or activity; (d) An estimate of the number of jobs created and the number of jobs retained by the project or activity; and (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget. Section 1512 of the Recovery Act: Registration with Central Contractor Registration (CCR) Recipients of funds under the Recovery Ac# shall register with the Central Contractor Registration (CCR) da#abase at www.ccr.gov. This ensures consistent reporting of data about each entity and thereby makes data more useful to the public. In order to register in CCR, a valid Data Universal Numbering System (DUNS) Number is required and should be inserted in Box # 13 of the Face Sheet of this Agreement_ 3. Section 1602 ot the Recovery Act: Preference for Quick-Start Activities (if applicable) Section 1602 of the Recovery Act provides: City of Federal Way Page 36 SEP ARRA Loan Contract F 10-92101-003 6/8/2010 in using funds made available in this Act for infrastructure investment, recipients shal! give preference to activities that can be started and completed expeditiously, inciuding a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use gran# funds in a manner that maximizes job creation and economic benefit. 4. Section 1604 0# the Recovery Act: Limit on Funds Section 1604 of the Recovery Act provides: None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 5. Required Use of American Iron, Steel, and Manufactured Goods—Section 1605 of the American Recovery and Reinvestment Act of 2009 Section 9605 of the Recovery Act provides: Use of American Iron, Steel, and Manufactured Goods. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the constructian, alteration, maintenance, or repair of a public building or public work uniess all of the iron, steel, and manufactured goods used in the project are produced in the United States_ (b) Subsection (a} shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that: (1) applying subsection {a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent_ (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection {a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Contractor shall comply with Section 1605 of the Recovery Act unless compliance has been waived by the Federal Agency providing the funds and when compiiance with the Recovery Act does not conflict with an international trade agreement. Contractor shall provide DOH with information and applicable supporting data as may be required by DOH, to support any request for waiver of compliance with Section 1605 of the Recovery Act. Contracts for the procurement of goods and services in the amount of $528,000 or more and for constructions services in the amount of $7,443,000 or more are covered by an international trade agreement and are there#ore not subject to Section 1605. If this contract involves an award of Recovery Act funds for construc#ion, alteration, maintenance of a public building or public work that does not involve iron, steel, andlor manufactured goods covered under intemational #rade agreements, the #ollowing provision applies: (a) Definitions. As used in this award term and condition: "Manufactured good" means a good brought to the construction site for incorporation into the buiiding or work that has been: (1) Processed into a spec+fic form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Public building" and "public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or in#erstate entities which have City of Federal Way . Page 37 SEP ARRA �oan Contract F 10-92101-003 6/8/2010 governmen#al funct+ons). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, altera#ion, maintenance, or repair of such buildings and works. °Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference. (1) This award term and condition implements Section 1605 of the Recovery Act of 2009 by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) of this term and condition. (2) This requirement does not apply to the material excepted by Federal Government. (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this term and condition if the Federal Government determines that: (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, andlor manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (�) Request for determination of inapplicability of Section 1605 of the Recovery Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this term and condition shall include adequate information for Federai Government evaluation of the request, including— (A) A description o# the foreign and domestic iron, steel, andlor manufactured goods; (B) Unit of ineasure; (C) Quantity; (D) Cost; (E) Time of deiivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed jusiification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this term and condition. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison tabie in the format in paragraph (d) of this term and condition. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery cos#s to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federat government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or pub�ic City of Federal Way Page 38 SEP ARRA Loan Contract F � 0-92101-003 6/8/2010 interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 976.110(a). (3) Unless the Federai Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC ITEMS COST COMPARISON FOREIGN AND DOMESTIC 1TEMS COST COMPARISON Description Unit of Measure Quantity Cost (Dollars)� Item 1: Foreign steel, iron, or manufactured ood Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured ood Domestic steel, iron or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed_] [Attach copy of response; if oral, attach summary.] [Inctude other applicable supporting information.] [*Inciude all delivery costs to the construction site.] 6. Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act of 2009 — Davis-Bacon Act All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (Davis-Bacon Act). With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan numbered 14 of 1950 (64 Stat. 1267, 5 IY.S.C. App.) and section 3145 of #itle 40 United States Code. See U.S. Department of Labor, Wage and Hour Division website at http://www.dol.gov/esa/whd/contractsldbra.htm . Wage determinations can be found at http://www. wdol. gov. The Contractor shall include this provision and require this provision to be contained in all subcontracts for work performed under this Contract. The work performed by this contract may also be subject to the State's prevailing wage laws, Chapter 39.12 RCW. The Contractor is advised to consult with the Washington State Depa�tment of Labor and Industries to determine the prevailing wages that must be paid_ City of Federal Way Page 39 SEP ARRA Loan Contract F 10-92101-003 6/8l2010 7. Non-supplanting of State and Local Funds Grantees must use federal funds to supplement existing State and local funds for program activities and must not repiace (supplant) State or local funds that they have appropriated or allocated for the same purpose_ Potential supplanting will be the subject of monitoring and audit. Violations may result in a range of penalties, including suspension of current and future funds under this program, suspension or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer #o the information provided at ht#p://www.ojp.usdoj_gov/recovery/supplantingguidance.htm. 8. Protection of Whistleblowers Prohibition on Reprisals: An empioyee of any non-Federaf employer receiving covered funds under the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the au#hority to investigate, discover or terminate misconduct,) a court or grant jury, the head of a Federaf agency, or their representatives information that the employee believes is evidence of: • Gross mismanagement of an agency contract or grant relating to covered funds; • Gross waste of covered funds; • Substantial and specific danger to public health or safety related to the implementation or use of covered funds; Abuse of authority related to the implementation or use of covered funds; or • Violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Any employer receiving covered funds shall post notice of the rights and remedies provided under this section. The recommended written notice is attached as "Know Your Rights under the Recovery Act." The Contractor shall require this provision in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in Attachment I: Scope of Work. Any employer receiving ARRA funds shatl post notice of the r+ghts and remedies provided under this section. 9. Listing Recovery Act Jobs with the Washington State Employment Security Department This Contract is funded with federal stimulus funds (under the Recovery Act), which has strict reporting requirements for funds spent and jobs created or retained (see Exhibit A, at#ached and incorporated into this Contract as additional instructions). All job openings created by the Contractor for this project must be tisted with the WorkSource system (an affiliate of the Employment Security Department) before hiring; all hiring decisions also must be reported to WorkSource. In addition, all Subcontractors hired by the Contractor also must be required to list jobs and report hiring results to WorkSource. Existing Contractor or Subcontractor employees who are retained using funds from this project also must be reported to WorkSource. WorkSource will pre-screen and refer qualified job candidates for the Contractor's or Subcontractor's consideration. The Contractor and Subcontractor also have the discretion to use other, additional recruitment systems and retain the right to make all hiring decisions. To begin the listing and reporting process, contact the Employment Security Department ARRA Business Unit at 877-453-5906 (toll-free), 360-438-4849, or ARRA@esd.wa.gov. City of Federal Way Page 40 SEP ARRA Loan Contract F 10-92101-003 6/8/2010 ATTACHMENT IX: NOTICE OF CONTRACT AWARD AND NOTICE TO PROCEED DEPARTMENT OF COMMERCE, STATE ENERGY OFFICE STATE ENERGY PROGRAM AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009 Contractor: Date Bid Soficitation Published: <Insert> Bid Opening Date/Number of Bids Received: <Insert> Date Contract Awarded: Date of last signa#ure on contract Contract Amount $ �ederal Department of Labor or State Prevailing Wage Rates: Wage Decision Number: Modification Number Date NEPA approved by US Department of Energy _<Insert> Date Evidence of Insurance Received <Insert> List of other pocumentation and Date Received <Insert> Date Notice to Proceed Issued: Date of last signature on contract. Start of Project Date: Date of last siqnature on contract. Submitted by: Signature Name Title Phone Address City State Zip City of Federal Way Page 41 SEP ARRA Loan Contract F 9 0-92101-003 6/8/2010 ATTACHMENT X: W-9 Substitute W _9 Request for Taxpayer Give form to the Form requester. Do not (Rev. February2005) Identification Number and Certification send to the IRS. Name (as shown on your income tax return) N N Q Business name, if different from above m = Q o « � Ch o ❑ IndividuaUSole Propnetor ❑ Corporation ❑ Partnership ❑ Other ❑ p ec Exempt from backup withholding c i k ❑ lLC filing as So�e Proprietor ❑ LLC filing as Corporation ❑ LlC filing as Partnership n- u�'i Address {number, street, a�d apt. or suite no.) Requesters name and address (oplional) a> _ N — l6 V d w a�� City, state. and ZIP code � a � � List account number(s) here {optionai) � Taxpa er ldentification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup wilhholding. For individua�s, this is your sociai security number (SSN). However, for a resident atien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a T1N on page 3. , Note: If the account is in more than one name. see the chart on page 3 for guidelines on whose number to enter. Certification Under penaities of perjury, I certify that: t. The number shown on fhis form is my corr2ct taxp3yer identificatior, number !or � am wafting for a numb2r to ba issued ,o ma). and 2. I am not subject to backup withholding because- (a) I am exempt from backup withholding, or {b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to repoR all interest or dividends, or (c) the iftS has notified me that I am no longer subject to backup withholdfng, and 3. I am a U.S. person (including a U.S. resideni alien). Certification instructio�s. You must cross out item 2 above if you have been notified by the IRS that you are currently ;ubjeci to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, canceAation ot debt, contributions to an individual retirement arrangement (fRA), and generally, payments other than interest and dividends, you are not required to sign the Certif+cation, but you must provide your correct TIN. (See the instructions on page 3.) i) Purpose of Fortn A person who is required to file an informa2ion retum with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisitio� or abandonment of secured property, cancellation of debt, or contributions you made to a� IRA.U.S. person. Use form W-9 only rf you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting ft(the requester) and, when applicable, to: 1. Certify the TIN you are giving is correct (or you are waiting for a number to be issued�, 2. Certify you are not subject to backup withholding, or 3. Claim exemption hom backup withholding fi you are a U.S. exempt payee.Note: If a requester gives you a form other than Form W-9 to request your T1N, you must use the requester's form 'rf il is substantially similar to this Fortn W-9. For federal tax purposes you are considered a person if you are: • An individual who is a citizen or resident of the United States A partnership, corporation, company, or association created or organized in the Ifnited States or under the laws of the United States, or b) Anv estate lother than a foreiqn estatel or trust. See Requlations secUons 307J701-61a) and 7/a) for additional information.Foreian person. If vou are a foreiqn uerson, do not use For W-9. l�stead use the appropriate Form W-8 Isee Publication 515. Withholdinq of Tax on Nonresident Aliens and Foreian Entitiesl. Nonresident alien who becomes a resident aiien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax Veaties contain a provision known as a"saving clause." Exceptions spe�ed in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwfse become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on a exception contained in the saving clause of a tax treaty to claim an exemQtion from U.S. tax on certain types of income, you must attach a statement to Fortn W-9 that specifies the following five items: �. The treaty country. Generally, this must be the same treaty under which you claimed exempfion from tax as a nonresident alien. 2. The treaty artide addressing the income_ 3. The article number (or location) in the tax treaty that contai�s the saving clause and its exceptions. 4. The type and amount of income ihat qualifies for the exemption from tax. 5. Sufficient facts lo justrfy the exemption from tax under fhe terms of the treaty article. Example_ Article 20 of the U.S: China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student wiil become a resident alien for tax purposes if his or her stay in the United Sfates exceeds 5 calendar years. However, paragreph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese Substitute Form W-9 (Rev. 02-2005) :ity of Federal Way Page 42 =10-92109-003 6/8/2010 SEP ARRA Loan Contract ent who qualifies for this exception (under paragraph 2 0# the first protocol� and is your filing (sole proprietor, corporation, etc.►, then check the box for "Other" and ng on this exception to claim an exemption from tax on his or her scholarship or enter "LLC" in the space provided. aship i�come would attach to Form W-9 a statement that includes the information Other entities. Enter your business name as shown on required Federal tax ribed above to support thai exemption. documents on the "iJame" line. This name shouid matcfi the name shown on the �ou are a nonresident alien or a foreign entity not subject to backup withhoiding, give the charter or other legal document creating the entity_ You may enter any busioess, �ster the appropriate completed form W-S. trade, or D8A name on the "Business name" line. t is backup withholding? Persons making certain payments to you must under certain Note: You a�e requested to check the appropriate 6ox for your status litions withhold and pay to the IRS 28°� of such payments (after December 31, 2002). This (individual/sole proprietor, corporation, etc.). iled "backup withholding." Payments that may be subject to backup withholding include Exempt from backup withholding est, dividends, broker and barter exchange transactions, rents, royalties, non-employee and certain payments from fishing boat operators. Real estate transactio�s are not �ct to backup withholding. u will not be subject to backup withholding on payments you receive if you give the ester your correct TIN, make the proper certifications, and report all your taxable interest dividends on your tax return. nents you receive wili be subject to backuQ withhotding if: You do not furnish your TIN to the requester, or You do not certify your TIN when required (see the Part II instructio�s on page 3 for ils), or The IRS tells the requester that you furnished an incorrect TIN, or The IRS telis you that you are subject to backup withholding because you did not rt all your interest and dividends on your tax return (for reportable interest and dividends �, or - You do not certify to the requester that you are not subject to backup withholding �r 4 above (for reportable interest and dividend accounts opened after 1983 only). Rain payees and payments are exempt from badcup withho�ding. See the instructions below he separate Instructions for the Requester of Form W-9. Penalties �re to furnish TIN. If you faii to furnish your correct TIN to a requester, you are subject to ialty of S50 for each such failure unless your failure is due to reasonable cause and not Ilful neglect_ penalYy for false information with respect to withholding_ If you make a false siatement no reasonable basis that results in no backup withholding, you are subject to a 5500 dty- inal penalty for fatsifying information. Willfulty falsifying certifications or affirmations subject you to crimi�al penalties including fines and/or imprisonment se of TINs. If the requester discloses or uses TINs in violation of Federal law, the ester may be subject to civil and criminal penalties. Specific Instructions If you are exempt, enter your name as described above and check the appropnate box for your status, then check the "Exempt from backup withholding" box in the line following the business name, sign and date the form. Generally, individuals (inGuding sole proprietors) are not exempt from backup withhoiding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note: If you are exempt from backup withholding, you should still compiete this form Yo avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees= 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 407(f�(2); 2_ The United States or any of its agencies or instrumentalities; 3. A state, the District of Columbia, a possession of the United States, or any of their political subdi�isions or instrumentalities_ 4. A foreign government or any of its po�itical subdivisions, agencies, or instrumentalities; or 5. An international organization or any of its agencies or instrume�talities. Oiher payees thai may be exempt ftom backup withholding include: 6. A corporation; 7. A foreign central bank of issue; 8. A dealer in securities or commodities required to register i� the United States, the District of Columbia, or a possession of the U�ited States; 9. A futures commission merchant registered with tfie Commodity Futures Trading Commission; 10. A real estate investment trust; 11. An entity registered at all times during the tax year under the Investment Compaay Act of 1940; 12. A common trust fund operated by a bank under section 584(a); � are an individual, you must generally enter the name shown on your social security card. 13. ;ver, if you have cha�ged your last name, for instance, due to marriage without informing the 14. �I Security Administration of the name change, enter your first name, the last name shown on sxia! security card. and your new last name. he account is in joint »ames, list first, and then circle Yhe name of the person or entity A financial institution; A middleman known in the investment community as a nominee or custodian; or 15. A trust exempt from tax under section 664 or described in section 4947_ The chart below shows types of paymenYs thai may be exempt from backup >e number you enter m Part I of the form. withholding. The chaR a plies to the exempt recipients listed above, 1 throu h 15. proprietor_ Enter your individual name as shown on your social security card on the /f the payment is ior... THEN the payment is exempt for._. ne" line. You may enter your business, trade, or "doing business as jDBA)" name on the ;iness name" line. I�ferest and dividend paymenis All exempY recipients except for 9 �" line_ Broker transactions Exempt recipients 1 through 13. ted liabitity company (LLC). If you are a single-member LLC {including a foreign LLC with Also, a person registered under mesiic owner) that is disregarded as a� entity separate from its owner under Treasury the Investment Advisers Act of lations section 301.7701-3, enter the owner's name on the "Name" line_ Enter the LLC's 1940 who regularly acts as a a on the "Business name" line. Check the appropriate box for broker Barter exchange transactions and Exempt recipients 1 through 5 patronage dividends Payments over 5600 required to be Generally, exempt recipients 9 reported and direct sales over 55,000' through 7� ' See Form 1099-MISC, Miscellaneous Income, and its instructions. Z However, the tollowing payments made to a corporation (including gross prceeeds paid to an attorney under section 6045(fl, even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a Federal executive agency. l titute Form W-9 (Rev. 02-2005) Page 2 ' City of Federal Way Page 43 SEP ARRA Loan Contract � F 10-92101-003 6/8/2010 Part I. Taxpayer identfication Number (TIN) 4. Other payments. You must give your corred TIN, but you do not have to sign the Enter your TIN in the appropriafe box. If you are a resident alien and you do not have and certification unless you have been notified that you have p�eviously given an incorrect TIN. 'Other are not eligible to get an SSN, your TIN is your IRS individual taxpayer identlfication number payments" include payments made in the course of the requester's trede or business for rents, (ITIN). Enter it in ihe sociai securfty number box. If you do not fiave an �TIN, see How to qet a royalties, goods (other than bills for merchandise�, medfcal and health care services (including TIN below. payments to corporations), payments to a non-employee for services, payments to certain fishing If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. boai crew members and fishermen. and gross proceeds paid to attomeys (including payments to However, the IRS prefers that you use your SSN. If you are a single-owner lLC that is disregarded as an eniity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one) If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note: See the chart on this page for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, appiy for one immediately. To apply for an S SN, get Form SS-5, Application for a Sociai Security Card, from your local Sociai Security Administration o(fice or get this form online at ww��.ssa.gov/online/ss5.pdf. You may also get this form by calling t-800-772-1213. Use �ortn W-7, Application for IRS lndividual Taxpayer Identficatio� Number, to apply for an ITIN or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses/and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1- 800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write "Applied Fofin the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made wtth respect to readily tradab�e instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withhoidi�g on payments. The 60-day rule does not apply to othet types of payments. You will be subjeci to backup withhoiding on aB such payments until you provide your TIN to ihe requester. Note: Writmg "Applied Fo�' means that you have already applied for a TIN or that you intend to appiy for one soon. Caution: A disregarded domestic entity that has a toreign owner must use the appropriate Form W-8. Part It. Certification To estabfish to the withhoiding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requesfed to siqn by the withholding agent even rf items 1, 4, and 5 be�ow indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt from backup withholding on page 2_ Signature requirements. Complete the cert�cation as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accnunts considered active during 1983. You must give your correct TIN, but you do not have to sign the ceRification. 2. Interest, dividend, 6roker, and barter exchange accounts opened after 1983 and broker accbunks considered inactive during 1983. You must sign the certification or backup withholding witi apply. If you are subjeci to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signmg the form. 3. Real estate transactions. You must sign the certification. You may aoss out item 2 of the certification. corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, ca�cellatio� ot debt, qualified tuition program payments (under section 529�, IRA, Coverdell ESA, Archer MSA or HSA co�tribuGons or disVibutions, and pension distributions. You must give your correct TIN, bui you do not have to sign the ceriification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1 _ Individual The individual 2. Two or more i�dividuals (joint The actual owner of the account or, accounq rf combined fiunds, the first individual on the account' 3. Custodian account of a minor The Minor z (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grentor-trustee' trust (grantor is also trustee) b. So-called trust account ihat is The actual owner' not a legal or valid Irust under state Iaw 5_ Sole propnetorship or The owner' single-owner LLC For this type of account: Give name and E1N of: 6_ Sole Proprietorship or The owner' single-owner LLC 7 A valid frust, estate, or pension trust Legal entity ° 8. Corporate or �LC electing corporate The corporetion status on Form 8832 9 Association, dub, religious, The organization charitable, educaUOnai, or other tax- exempt orga�ization 70. PaRnership or multi-member LLC The partnership i t A broker or registered nominee The broker or nominee 12. Account wRh the Department of The public entity Agriculture in the name of a public entfty (such as a state or local government, school distrid, or prison) that receives agricuiturel program payments ' Lfst first and circte Ihe name of Ihe person whose number you fumish. If o�ly one person on a joint account has an SSN, that pzrson's number must be fumished. '' Circle the minors name and furnish the minofs SSN. ' You must show your individuai name, but you may also enter your business or "DBA" name. You may use either your SSN or your EIN (if you have one). ' List first and circle the name of the legal trust, estate, or pension trust. (Do not fumish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: if no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Privacy Act Notice Section 6109 of the Intemai Revenue Code requires you to provide your correct TiN to persons who must file information retums with the IRS to report interest, dividends. and ceRain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to a� IRA or Archer MSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The iRS may also provide this infortnation to the Depa�tment of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, or to other Federa! and state agencies to enforce Federal nontax criminal laws and to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30°l0 of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. Substifute Form W-9 (Rev. 02-2005) City of Federal Way Page 44 F10-92101-003 6/8/2010 Page 3 SEP ARRA Loan Contract COUNCIL MEETING DATE: June 15, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUBJECT: POTENTIAL ASSIGNMENT OF PURCHASE AND SALE AGREEMENT FOR FORMER AMC THEATERS SITE TO TWIN DEVELOPMENT POLICY QUESTION Should the City Council approve the revised development concept proposed by Twin Development for redevelopment of the former AMC T'heaters site and approve assignment of the Purchase and Sale Agreement for that site from United Properties to Twin Development? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patrick Doherty Economic Develo ment Director DEPT City Manager P ....................._.... _... ......................._._.._..................... _........................._.................._....._.........._..._........_._ Attachments: Letter from United Properties requesting assignment of contract to Twin Development Prospectus submitted by Twin Development, 5/18/10 Written copy of comments by Twin Development principal Steve Smith from 6/1/10 Written public comments from 6/1/10 and 6/8/10 "open houses" BACKGROUND The City of Federal Way has entered into a Purchase and Sale Agreement ("Agreement") with United Properties of Vancouver, BC for purchase and redevelopment of the former AMC Theaters site in the City Center. On 3/23/10 the City Council approved a fifth extension of the closing date specified in that Agreement for the purposes of allowing United Properties to pursue active potential development entities interested in taking over the Agreement. That new closing date is 9/30/10. United Properties has entered into an agreement with Twin Development, LLC whereby Twin Development would assume the Agreement with the City and redevelop the site. United Properties has submitted a letter to the City officially requesting assignment of the Agreement to Twin Development. A copy of that letter is attached. The attached prospectus from Twin Development describes that entity's partners and their experience, as well as any potential development partnerships. Twin Development intends to adhere to the three basic components of the "Symphony" Agreement, those being: 1) same purchase price and terms, 2) highrise mixed-use project with a substantial component of residential units; and 3) a 1+ acre park. In its prospectus, Twin outlines its intent to propose a revised design to achieve the overall redevelopment concept. This revised concept envisions three rather than four towers, with the two main residential towers rising to 35 to 45 stories, rather than 16 to 26 stories as previously proposed by United Properties. In Agenda Bill far Twin Develapment assignment Page 2 of 3 addition, the revised concept inciudes fewer residential units (approximately 700 versus 900+), plus the addition of approximately 60 hotel units (that number could rise if market demand dictates). The retail and office component is roughly the same as envisioned with the original Symphony project: approximately 40-50,000 square feet. Presentation packets have been distributed to all Councilmembers after the May 18, 2010 City Council meeting. Review and Approval Process Process Steps To Date Starting with the 5/18/2010 City Council meeting, the following steps in the review and approval process have occurred: ■ At its 5/18/10 meeting City Council Twin Development offered an initial presentation about itself as a development entity, its experience and partners, as well as a presentation of its revised development concept, including illustrations. Public comment was also offered at this meeting. ■ On 6/1/10 prior to the City Council meeting the City held an "open house" where representatives of Twin Development introduced themselves and presented their development concept. Approximately 35 members of the public were in attendance, with a full hour of questions, comments and answers, as well as informal review of the materials and interactions among the attendees. Thirteen written comments were received and are included in this packet for review. ■ At the 6/1/10 City Council meeting Twin Development offered additional comments in its presentation to City Council. A copy of those comments is included in this packet. The comments included additional information about the project, the business plan, and responses to some questions, comments, and requests by City Council from its previous meeting. Again, public comment was offered at this meeting. ■ On 6/8/10 the City held another "open house" regarding the project. Twin Development representatives again introduced themselves and presented their development concept. Approximately nine members of the public were in attendance, again with a full hour of questions, comments and answers. Three written comments were received and are included in this packet for review. Process Steps Remaining When United Properties was selected in 2007, the City Council approved of United Properties and its redevelopment concept, instructing them to work with City staff to develop a detailed Purchase and Sale Agreement to be presented back to Council for their approval prior to its execution. In this case, a similar process may be followed, with the intention of executing a revised Purchase and Sale Agreement, as necessary, prior to the Council-mandated closing date of 9/30/10. Below you will find the remaining review and approval steps proposed at this time. ■ On 6/15/2010, prior to the City Council meeting another "open house" will be held, allowing additional public review and comment of the Twin Development proposal. All comments received at that open house will be shared with City Councilmembers at their regular meeting that evening. ■ At the 6/15/2010 regular Council meeting, after consideration of the information presented in the previous Council meetings, as well as public comment from the "open houses," City Council may deliberate over its decision on the issue of whether to approve the revised development proposal in principle, as well as approve Twin Development as the assignee of the Purchase and Sale Agreement. Agenda Bill for Twin Development assignment Page 3 of 3 o An approval in principle by City Council of the revised development concept and Twin Development as the assignee of the Agreement would be contingent on collaboration with staff over the summer to negotiate all necessary revisions to the Agreement to represent the new development entity, revised development concept, etc. ■ Presentation of the proposed revised Agreement to City Council at either the 8/3/10 or 9/�/10 meeting for its review and acceptance. Upon approval, City Council can then authorize the City Manager to immediately execute the revised Purchase and Sale Agreement in order to allow Twin Development to proceed to finalize closing as soon as possible prior to the Council-mandated 9/30/10 final closing date. It should also be noted that City Council approval in principle of the redevelopment concept proposed by Twin Development DOES NOT constitute nor does not supersede the City's land use approval of the project, which will occur only after a complete land use application for the revised project (or new project, if it is deemed so necessary) has been submitted to the City. PROPOSAL Options: 1. Approve in principle the revised redevelopment concept as proposed by Twin Development and approve assignment of the Purchase and Sale Agreement for the former AMC Theaters site from United Properties to Twin Development. Also authorize the City Manager to negotiate the corresponding revisions to the Purchase and Sale Agreement with Twin Development and present to City Council for its review and acceptance at or before the 9/7/10 Council meeting. 2. Reject the proposed redevelopment concept and/or assignment to Twin Development. STAFF RECOMMENDATION: Option 1. CITY MANAGER APPROVAL: �•�n�-+ `I%ioti Committee Council COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: /�/',,�- Committee Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): "I move approval of Option 1. " (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/O6/2006 RESOLUTION # UNITED PROPERTIES LTD May 17, 2010 City of Federal Way 33325 8�' Avenue South Federal Way, WA 98003 Attention: Patrick Dohertv, Economic Development Director Dear Sirs: Re: Purchase and Sale Agreement Dated December 11, 2007 Former AMC Site, City of Federal Way — Symphony Development Further to the Property Purchase and Sale Agreement between United Propertied-Symphony, LLC and the City of Federal Way with respect to the above-mentioned property. United Properties is requesting Council's approval of the Assignment of the Purchase and Sa1e Agreement to Twin Development, LLC. We thank Council for their consideration of this request. Very truly yours, UNITED PROPERTIES-SYMPHONY, LLC �� David V. Setton President js Suite 550-2608 Granville Street, Vancouver, B.C., V6H 3V3 Phone: 604.736.3864 Fax: 604.736.381 I Twin Development LLC Introduction and Initial Presentation of the Revised "Symphony" Project May 18, 2010 Develoament Team: Twin Development LLC ("Twin") is owned and co-managed by three members: Luke Hwang, Pom Kwak and Steve Smith. Mr. Hwang and Mr. Kwak are the co-founders of Twin, which they started over two years ago for the sole purpose of developing an EB-5 visa project in Federal Way's core area. About a year ago, Mr. Hwang and Mr. Kwak asked Mr. Smith to join Twin, and to serve as the project developer. Mr. Hwang is an experienced entrepreneur and a licensed real estate broker who has handled a large commercial real estate portfolio for the past 13 years. Mr. Kwak is also an experienced entrepreneur and has been involved in various businesses during the past 20 years. Mr. Hwang and Mr. Kwak together are responsible for the promotional efforts of the project, both locally and internationally. Mr. Smith is a local developer with a 23-year track record of multi-family and mixed-use projects spread throughout the Puget Sound region. His portfolio includes over 40 different projects consisting of about 4,000 dwelling units with an aggregate value exceeding $900 million. For more information please visit www.stevesmithdev.com. Mr. Smith's primary duties include the day-to-day oversight, development, design, construction, marketing and sellout of the project. Proiect Conceet The overall project concept will, like the ariginal Symphony concept, make the highest and best use of the 4-acre site, creating an aesthetically-appealing, pedestrian-friendly, highly-urban destination community. A total of about 760 residential and hotel units will be built, along with approximately 50,000 to 60,000 square feet of office and retail space, in a three building configuration. Two buildings will be 45 stories tall and the third building 35 stories. Placement of each building will maximize the southern and western exposures and views from the site. In order to maximize the pedestrian-friendly feel of the project a three to four story base will surround each tower, and retail space will extend to the sidewalks. The retail space will be occupied by businesses which serve and engage the surrounding residents. A one-acre public park will serve as the centerpiece of the project, which will also be ringed by consumer-oriented retail businesses. The 760 units will consist of about 60 hotel rooms and 700 condominiums. The design of the condominiums will be universal and cosmopolitan, appealing to local and international buyers, young and old. All modern conveniences will be offered, including typical hotel services. The most advanced technology will be built into the private living spaces as well as the common areas, enhancing the security and comfort of both residents and visitors. Construction is expected to start in 201 l. Depending on marketing considerations, construction will occur in two or three phases. This will extend the construction period to an end date of 2014 or 2015. Deiivery of finished turn-key condominiums will take place in 2013 or 2014, which should be a good year to deliver condominiums of this quality. The existing inventory of comparable condominiums on the market presently, located in Seattle and Bellevue, will be fulty absorbed by the market four years from now. Furthermore, it is likely that competition will be minimal in 2014, as evidenced by the lack of pipeline development activity presently. Business Plan Total cost of the project, including land, construction, and soft costs, is projected to exceed $350 million. Project costs will be paid by a combination of immigrant investors and institutional financing. The immigrant investors will be investing in the project pursuant to the EB-5 visa program administered by the United States Citizenship and Immigration Service (USCIS). In November 2009 Twin and the city of Federal Way were successful in obtaining a Regional Center (RC) designation for the downtown care area of Federal Way, paving the way for Twin to raise investment dollars from immigrant investors for the proposed project. At the present time, only Twin has been approved to build a project of this magnitude in Federal Way. No other developer may take advantage of the RC designation without first going through the lengthy approval process, and there are no guaranteed that USCIS would approve such an application. Twin started its approval process well over a year ago. Primary marketing efforts will take place locally in South King/North Pierce Counties and in Karea. Other parts of Asia such as China will also be targeted for investors. Any investor from any part of the world will be welcomed, provided he ar she qualifies under USCIS rules. All investors, for example, are required to prove that the monies he or she is investing were earned lawfully; and also that the investor does not have a criminal recard. The immigrant investor will invest either $500,000 or $1,000,000. If Twin is successful in designating the RC a Targeted Employment Area (TEA), then Twin has the option of lowering the minimum investment amount to $500,000. This question however, is not critical. Investors will still choose to invest, even at the $1 million level, albeit at a slower rate. Investors will participate in the profit flowing from the successful completion of the project. Many investors are expected to become buyers of the individual condominiums. Buyers will be local as well as international in origin and will come from a wide variety of demographic groups: young urban professionals, middle-aged DINKS (double-income, no kids), as well as empty-nesters and senior citizens. The project will appeal to all those who wish to positively enhance their daily life experiences, from security to transportation to one's daily morning routine. 2 Presale marketing efforts will begin upon start of construction in 2011. By the time the first phase is complete in 2013 or 2014, it is expected that approximately half of the condominiums will be sold and soon occupied in that first phase. Completing the sellout of all condominiums may extend to two years beyond completion of construction, or 2017. 3 Remarks by Steve Smith, Twin Development Federal Way City Council, June 1, 2010 Good evening Mayor and council members. We continue to be pleased and excited in our efforts to bring to reality the revised Symphony / W-City project to downtown Federal Way. (We have not yet decided on a final name for the project.) We hope that tonight we will be able to provide enough information that council will feel good about voting yes on our project, by approving the assignment of the purchase and sale agreement from United Properties to Twin Development LLC. Of course council's approval is just the beginning of the entitlement process. We will still have to go through the city's regular land use approval and permitting process. Before I get into the details of the project let me first mention some of the achievements in my personal 23-year career in the real estate development industry which has all occurred in the Puget Sound region. My track record includes the development and/or construction of about 4,000 units in 40 different projects, nearly all consisting of high-density, urban, multifamily and mixed-use projects. One of my most recent projects completed 2 years ago is a 206-unit apartment building on a one acre site, which is equivalent, in terms of number of units per acre, to the Symphony project. And although the Symphony project would be my largest so far, I do have high-rise development experience. I was responsible for entitling a number of 12 to 16-story buildings in downtown Seattle, including the Vine Condominiums, Bellora Condominiums and the M Street Apartments. These projects, after being entitled by me, were sold to and built by other developers. The construction method of steel and concrete is similar to the method of construction we would employ at the Symphony project. Most recently, in lanuary of this year, 4 started construction on a$23 million, 152-unit apartment building in North Seattle. So despite the difficulties in the current economic environment, I am able to keep my development activities going. Now, let me get into the details of our revised Symphony project. As we mentioned 2 weeks ago, the project will contain all the necessary elements for a successful, vibrant, high-density urban community: condominiums, retail and office space and a hotel, with a"Sky Lounge" on top of the 35-story building providing spectacular views of water and mountains to visiting patrons from the community. The 35- story tower will house condominiums and the hotel and two 45-story towers will contain all condominiums. Each tower will be grounded by a three or four story base that will provide a down-to- earth experience for pedestrians. We believe the project will inject life and vibrancy into downtown, leading the way for future development of all kinds, from mid-rise to high-rise projects. Some have questioned: why 45 stories? Could we make the towers shorter? The answer is no, not in this economy. Let me take a moment to explain how the height issue and the economy are related. We all know the challenges and difficulties that remain in this nascent economic recovery: uncertain capitat markets, wary consumers and an overhang of unsold homes and building lots. And in Seattle, Bellevue and Tacoma, a still substantial number of unsold condominiums. We believe that by the time we deliver turnkey condominium homes to the Federal Way market in 2013 or 2014, conditions will be very different. Certainly excess housing inventory wilt be greatly depleted. Some economists are even predicting a housing shortage. However in the present economic environment, the likelihood of securing conventional financing for a project of this magnitude is somewhere between extremely difficult and impossible. The only option available right now is financing through EB-5 investors. And Twin Development is the only entity that currently has permission from the U.S. Citizenship and Immigration Services (USCIS) to build a project in Federal Way using the EB-5 program. So regarding the proposed height, the project will not be financially feasible unless we are able to fully utilize the maximum buildable potential of the site. Naturally, in order to entice investors into investing in the project, we need to offer an attractive return on investment. We will be unable to do this if the project if smaller, and particularly if the towers are shorter, since we would be eliminating the most elevated and therefore, most valuable space containing the best views. In addition, if the towers became shorter, less slender and bulkier, this approach would only take away from the public space and park at ground level. A smaller park would certainly be a negative change to the overall design. This project represents a chance for Federal Way to jump start its vision to become a major metropolitan world-class destination, a vision that was first set forth over 15 years ago in the City's Comprehensive Plan and furthered by the city's completion of its planned-action environmental impact statement for the downtown area several years ago. Let me also point out the difficulty in attracting private capital to achieve this vision. Even the most recent real estate boom that ended two or three years ago was not enough of a boost to entice sufficient capital to invest in a high-rise project that would start to fulfill the city's vision. Of course the original Symphony project first proposed over three years ago almost got things started but now it too is stalled, just like every other similar project. The EB- 5 program represents a unique opportunity for financing that may not be available for very long. The current program sunsets in September 2012, at which time U.S. Congress will vote again on whether or not to renew it. I should note that projects started before that date will be grandfathered in. If action is not taken now in favor of this project, the opportunity could be lost for who knows how long. Another factor shining favorably on this project is the desire of wealthy immigrant investors to immigrate to our country. Most investors will come from Asia, with Korea and China leading the way, but investors from the world over will be welcomed. And who knows how long this situation will last? Of course foreigners will always want to immigrate here, but how long will their currencies be stable enough, or how long will their home countries' political situation—just to name a few of the many variables at play— allow them to make such a move? We believe the current situation represents a unique opportunity that should not be wasted. With so many condominiums in one location, it will be necessary to attract buyers outside of the local market. Many investors will convert their investments to condominium ownership, providing a vitai critical mass of residents to the project. In other words, the EB-5 program will provide not only financing for the project, but also residents. And the more people that actually live at the project, the more vibrant and lively will it be. Lastly, and again in the interest of a timely response from City Council, I would like to mention something which has made our marketing efforts in Korea somewhat more difficult. Posted on the internet now is an April 2, 2010 photograph of Federal Way city officials seated at a marketing event hosted by Lander Korus promoting the Symphony project. It is important to note here that Lander Korus never had the ability to pull off a project of this magnitude, since Lander Korus, unlike Twin Development, does not have approval from USCIS to take advantage of the EB-5 program. Twin Development is currently negotiating with no less than three potential Korean partners who would provide additional financing capability as well as marketing assistance aimed at Asian investors. Unfortunately for us, confusion about who really has the Symphony project has resulted from this April 2 photograph. For this reason, you can understand our interest not only in a timely approval from City Council but also a new press release be issued announcing that Twin Development is the actual 4 developer of the Symphony project. Thank you very much for your consideration of our interest in this project and assumption of the purchase and sale agreement from United Properties. We very much want to be a part of the future of Federal Way. 5 � (o � CITY OF � Federai Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE �.' . �s Dr� i � c��t � CITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE � � �,, 'i ' . i �. / � ' �� s //' � �' � �'� �.V1� � �'1G1.1i�?. � � � ��. C��i rI')F �fC� 11'vi � � ��,�I �r�I � I � l(S�, ��v C�i��l'� ��i�. ii1V�?f��S' �Ie�� -� �K y t � �i�',�pn rc�r� �aa � � to �►��e;�'�, �`��r , �61�, S ��1� ��.�..�-� �� .�o� anos � Federai Way �o��s TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE r 7 ` - �, b -, I-h�. . . '° n �,� -.�ue ' �s� � � � oc,k5 ..�..�-om b.re -'i u:re. i,� c�owb� a..��,� ��5 .� �.. �.� a,� � � so � s ��r �� S� .ce� I� �, C��- s�me,G�o� �n;sse,cl �- I� +v�m�.( � �,pY��a� �ro� �re�v�o cts s��.. �m�4 r�;� I sp� ��S �in, �,� 5�r; �� m��15 r o � �tawh, R�� '� m�til� �. �, �� m�l� �� S�ov.�,c�Y1 ��- C1� �e� 4VOY�i Y�� a`F a�'/�Otc,�+ r.� �U,y�S5e5 � ai.11.. �� UO:�CQ,h, 51 .ce '�a"� �, ��i�� w,�5 ��.-,�� .. � --�� ( �� f�e,si�;ces �' c,o�,�o..+na.d `��, �P�.c��d � c� � Y� om `�SO�b00 p�ic,e �x -� �� sxPe �..Y � 5.-F. `r��, � t� k�,� P�L s�kR,�. �. � Q�I'e, n� �'� S'� 5`� n o� ��`� Ce,`� Y i ce. ao��l�, UJO�.d. I�� Q� ��, Mos'�'c�¢,s�r��, C ,ondos ` �� 1 5�,�."�i�.a� Se,�l�,�v� � .�..i� �-hr�e r�� I 1Y��, T�� t5 �A� S�tppOC�'N,� �� YM5 G�'�t.�- 4� I �y ��ro m wh.a.,� � s c� � sc�r � berJ �no„n, c i� � 5 .�,�. d�,��na�,�,�- �� , Ci�-`t e��,i , � �� beca..�ti�e, ��s�rs �ti, `�1� �J '+w�� a�.se. �o �e.o.,l��e, � � �- �e,.�'�vl beo�dc��e� `4�i� rs . �J�,�� w� ��. �.ho��, c� V��. G' `�.,�- c1e;�e1 p s � Se,�..tn� o�� Ci�i e,Y�sh�i ? �r �.s `�� o„I�Cead� �(t�.�E � �i�s m�nc� �W.� �'�ns��`s �,L� ��,� C ' �o i �� _ � CITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE i� .�/� us'�_ CP2��'�k �k,f -�-fl `�•�� — °�Z�n�t,� U� � � a-� � S� �� a- U.�,,c � �� - {�- � � '}�,C �,''�R � �ur�!�X. � ;� �1' �� ? �_ � . � . � � . , � ► , � , �..� ,,,J � � i / .� � I � r' , f „ � CITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL � ��n � GITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE D/��c� s�� Con c..�� — 3/�u /�c�.G ��c: � ��ss f�'� � s/�-�-- � ��-. c�� `Y�c C�� av��+.� � c�, — � �� ' � O he�� F p�� Gf,�.�J �i�? � l �� ¢ w�. �v� a d �`��- G�e� �� F�-��-- �C SS �.L✓�- -� G a cCS �� c� � ow a d fG c� C , . `� ��r� p�o-f��- � h��ti-� r'�es , u� �.s � arv oF �� Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS STTE �h E�� L� . L� �,ti /?/+�ti�"� �� t 'zn YJh err� c� C�T � /'Y/�'�c� iA -� �6t-f f�s !�� /�!+�o� � .P'J �C� �`� 'y�'� +' /,'7`�y.y 1 ,EVV�c� �� S !� E, il a� d�L !s i..f i4 �, � 1� �a� ��T� .t7A S' � �J` n� � Y��_S�E�,,1 �. _,�'T LJ , d�„f' c� �`" Y�� s�� n�a G. � 1v12 � Yt2 a Y%a l y' � 'Y' 'rl+.� � �� i �a-y� Y � .7� �r � �1 � �v S '�` 'Y+ v / G '� 6 � ' / � 1 � �/� C C�' '-" �/ / �, i � r i � � � .� ' �i . � CITY OF � Federal Way COMMENTS / TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE y��, � , � / , . !I /L_� �/ �[�_. "_ :�. - -��L iI� , �, � /L,��.� ��_,.._ -! / .i�/� - - --,� �� j � �i � � , / / , '►�� i i � , / � � � � in � GITY OP � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE C� O v�� /�urc.� iT' � GITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE ��- ��tC �� (`� �G� `� - � ' '� � CITY OP � Federal Way - COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE �-- b-�l -� Y-� �� S 1� 5 � r c , 1 v� Y'-e s�f ..� r I �Y� o�.� �.�fi .�11o�i f� �J-2 " D�- r � G d , �' ` CITY OF � Federal Way COMMENTS DEVELOPMENT REDEVELOPMENT PROPOSAL � FARMER AMC EA RS SITE , � ` . �� 7� �-� � � �� CITY OF � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FnuNrFU AMr THEATERS SITE � CITY Of � Federal Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE � � ,�0 ` CITY OF � Federal Way COMMENTS -�g-� �o�i'I �ucp �l�s �� . �� A��-� 1�4p Sa �J�I�PL F� F-c�x--- w� wA- �� TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL FORMER AMC THEATERS SITE � S l 6�1.� l c.lhr� 1 b�tJ �cA t�^�f �r.n� O� - Tlt l S 't` i� E. I rJ L t.c� SF —1�-r F Gc�Tc.�t�' '+F-oi� �'��- PF� �""��1 1 �v -r1-t � � (. " t ' � . � ��s� �z-T ' �� . ` CITY OF � Federai Way COMMENTS TWIN DEVELOPMENT REDEVELOPMENT PROPOSAL _ _,.. ._.��r. ♦ TTTC� cr�r� COUNCIL MEETING DATE: June 15, 2010 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? ITEM #: �] � COMMITTEE PRHS&PS CATEGORY: ❑ Consent ❑ City Councit Business STAFF REPORT BY: PATRICIA RICHARDSON �� Ordinance Resolution MEETING DATE: 7une 8, 2010 ❑ Public Hearing ❑ Other 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 70Q 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 ardinance 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. ' S�a7�. �lu /J CITY MANAGER APPROVAL: , G/� Fn ,v' fo D Committee Council COMMITTEE RECOMMENDATION: APPROVAL: PA�i Committee `�CJ � ,< �� '� . -�' . � � Committee Chair Com ttee Member�"`� Commi e ber PROPOSED COUNCIL MOTION(S): 1 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): " move approval of Option 1 mod�ing 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 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/O6/2006 RESOLUTION # ; ., , I � �I�� I ��u � � CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JUNE 9, 2010 TO: CITY COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGERIPOLICE CHIEF � FROM: PATRICIA RICHARDSON, CITY ATTORNEY � AMY JO PEARSALL, ASSISTANT CITY ATTORNEY � SUBJECT: FOLLOW-UP FROM JUNE 8, 2010 PRHSPS COMMITTEE MEETING: INATTENTNE DRNING On June 8, 2010, staff presented a proposed ordinance that would add the infracuon of Inattentive Driving to the Federal Way Traffic Code, FtiURC Chapter 8.05. During discussion of this proposed ordinance, a concern was raised that the ward "careful" was not defined. The Council Committee voted to for�vard the orclinance to First Reading at the June 15 City Council Meeting, with the caveat that research be conducted to see if "careful" was defined elsewhere in the code or if a defmition would be needed. The proposed code section would read as follo�vs: 8.05.015 I nattention. (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 $250.00. The specific concern is with proposed F'WRC 8.05.015(2), which uses the term "careful" in the definiuon of "inattentive manner." Pursuant to Council direcrion, staff conducted research and determined that "careful" is not defined in either the Federal Way Revised Code or in the Revised Code of Washington. Although the term "careful" is used in various code sections to define other terms, it is not a term that is defined statutorily. At least 16 other cities have an inattentive driving code provision that contains the same definition of "inattentive manner" that uses the term "careful." Of those 16 cities, none of them include a definition of "careful." The rule of statutory construction requires that words be given their plain and ordinary meaning unless a contrary intent appears. The plain and ordinary meaning of "careful" is set forth in its dicrionary definition as exercising caution or showing care or attention; cautiously attentive. If the term "careful" were to ever be challenged, the court would look to the plain and ordinary meaning of the ward. If Council fmds that the plain and ordinary meaning of the word "careful" is acceptable, then no additional language is needed in the proposed ordinance. If Council prefers that a different definition be assigned to this term, then a defuution setting forth that specific definition would need to be included. K:\memo\2010\staff repart — inattentive driving 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, kili 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 Councii 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 Section l. A new section is added to Chapter 8.05 FWRC to read as follows: 8.05.015 fnattention. (1) No person shall operate a motor vehicle upon a street allev or ways open to the public within the Citv in an inattentive manner. (2) "Inattentive manner" means drivinq 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 violatinc tt he provisions of this section is quilty of an infraction for which the monetarv penaltv shall be $25000. Section 2. Severabilitv. 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 uncanstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ardinance including, but not limited to, the correction of scrivener/clerical errars, 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 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�2010\Traffic code update— inattentive driving Ordinance No.10- Page 3 of 3 Rev 3/09 � � . CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: June I5, 2010 City Council Brian Wilson, City Manager Marwan Salloum, P.E., Deputy Public Works Director Brian Roberts, P.E., Street Systems Project Engineer Pacific Highway South HOV Lanes Phase IV Project (S 312` Street to Dash Point Road) Bid Award Update BACKGROUND: Five (5) bids were received and o�ened on May 11, 2010 for the Pacific Highway South HOV Lanes Phase IV (South 312 Street to Dash Point Road} improvement project (See attached Bid Tabulation Summary). The lowest bidder was Icon Materials. The low bid received was $9,542,564.13, 26% below the engineer's estimate. On May 12, WSDOT informed Federal Way that two of the firms listed on the Disadvantaged Business Enterprise Utilization Certification (DBEUC) for ICON's Bid may not be certified as DBEs to perform the wark Iisted for them. On May 18, WSDOT notified Federal Way that ICON's DBEUC was non-responsive. Federal Way in turn notified ICON their bid was non-responsive. On May 24, ICON requested an administrative reconsideration, as is their right as outlined in the bid documents. The hearing was he}d on June 8 in Olympia at The WSDOT Office of Equal Opportunity (OEO). In their June l4` decision, WSDOT affirmed the ICON bid was non-responsive and therefore can not be awarded the contract. Staff preformed a reference checks on the next lowest bidder, J.R. Hays & Sons, Inc. and found that this contractor has successfuliy performed similar work in the past. As a result, City staff believes J.R. Hays & Sons can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is J.R. Hays & Sons in the amount of $9,827,292.84. PROJECT COST ESTIMATE Construction Low Bid I O% Construction Contingency Construction Management Project Design Underground Conversion (PSE} Right of Way Acquisition* Total Project Cost $9,827,293 982,729 1,600,000 1,800,000 500,000 3,700,000 $18,410,022 � � j 4. t A�AILABI:E FUNDING � , , 1. Grant funding: TIB $8,177,109 Federal $7,940,584 WSDOT $I,300,000 $17,417,693 2. Mitigation Fund 544 691 , 3. Budgeted City Funds 4 550 000 , , 7. Surface Water Funds** 284,226 8. Lakehaven Utility Relocation 963,674 Total Available Budget $23,760,284 * As of this presentation, acquisition costs for 1 parcel have not been finalized. Total right of way acquisition cost is estimated. ** During early design, the Surface Water Management Division requested that drainage revisions to South 308` Street be added to the project scope. The work improves the storm water system in an area with a history of flooding. The transfer of funds covers both design and construction costs. PROPOSED COUNCIL MOTION "1 move to award the Pacific Nighway South HOV �anes Phase IV (South 312` Street to Dash Point Road) improvement project to J.R_ Hays c� Sons, Inc., the lowest responsive, responsible bidder, in the amount of $9,827,292.84 and approve a 10% contingency of $982, 729.00 for a total of $10,810,021.84, and authorize the City Manager to execute the contract; and authorize the transfer of $284,226.00 from the SWM Unallocated Capital Improvements Fund to the project. "