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Council PKT 07-21-2015 Regular f, F aer Via CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall July 21, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing-In Ceremony of New Police Officer Travis Stevens; Officer Chase Smith; Officer Andrielle Cap; and Officer Justin Gregson. b. Life-Saving Award - Lifeguards Kacey Jaenicke & Jimmy Rosenbaum c. Recognition of State Legislators for Hard Work and Advocacy in securing $2M in State Funding for the Performing Arts and Events Center (PAEC) • State Senator Mark Miloscia • State Representative Linda Kochmar • State Representative Carol Gregory • State Senator Joe Fain d. Municipal Court Art Winner Austin May-Judge David Larson and Judge Rebecca Robertson e. Certificate of Appointments and Re-Appointments -Youth Commission f. Certificate of Appointments - Human Services Commission g. Certificate of Appointment - Lodging Tax Advisory Committee h. Mayor's Emerging Issues and Report • Community Development Quarterly Update-Michael Morales, CD Director • Recognition of Public Works Department—Councilmember Celski • Sound Transit Preferred Alignment Vote—Update • Salmon Bake at Steel Lake Park—July 24th • National Night Out—August 4th/City Council Meeting Rescheduled to August 11th 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN 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 limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. The Council may add items and take action on items not listed on the agenda. 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 PAGE a Councilmember for separate discussion and subsequent motion. 3 a. Minutes: July 7, 2015 Regular and Special Meetings 13 b. S 356th Street (Pacific Highway South to Enchanted Parkway) Improvements Project— 85% Status Report 13 c. Twin Lakes '15 NTS—35th Ave SW (SW 325th Street to SW 327th Street) 21 d. Authorization to enter into an Agreement with King County for Services Related to Effectiveness Monitoring of the S 356th Street Retrofit and Expansion Project 30 e. Authorization to Accept the 2016 Water Quality Algae Control Program Grant and Enter into a Grant Agreement with the Department of Ecology 54 f. Catch Basin (CB) Rebuild Small Public Works Contract 53 g. Authorization to enter into an Agreement for Water Resource Inventory 9 (WRIA 9) 37 h. 1st Ave S at S 328th St Intersection Improvements— Bid Award 92 i. S 288th St Preservation Project— Bid Award 5 j. S 324th St Preservation Project— Bid Award 3 k. RESOLUTION: Acceptance of Transportation Grant—Sacajawea Safe Routes to School 103 I. Washington Traffic Safety Commission (WTSC) Amendment#3 to the October 1, 2014—September 30, 2015 MOU 107 m. FY 2015 Edward Byrne Memorial Justice Grant (JAG) 115 n. Town Square Park Bid Award 6. COUNCIL BUSINESS PAGE 117 a. Pro Committee Appointments for November Advisory Vote on Retail Marijuana 113 b. Con Committee Appointments for November Advisory Vote on Retail Marijuana 119 c. Regional Coordination Framework for Disasters and Planned Events 173 d. Authorization to Submit Water Quality Storm Water Capacity 175 e. Ethics Board Re-Appointment 7. COUNCIL REPORTS 8. EXECUTIVE SESSION • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) • Property Acquisition Pursuant to RCW 42.30.110(1)(b) 9. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. COUNCIL MEETING DATE: July 21,2015 ITEM#: 50‘. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the July 7,2015 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing El City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney,City Clerk DEPT: Mayor's Office Attachments: Draft minutes from the July 7,2015 Regular and Special City Council Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Al N/A N/A CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1S1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—10/01/2014 RESOLUTION# Raeral 0 25t RAFT Q CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall July 7, 2015 — 7:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the Regular Meeting to order at the hour of 7:09 pm City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge,Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney,Councilmember Susan Honda,Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: Chief of Staff Brian Wilson, City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Dr. Jim Burbidge led the flag salute. 3. PRESENTATIONS a. Mayor's Key to the City— Harold Booker, Sr. Mayor Ferrell noted the Key to the City of Federal Way is a special recognition presented to those who have made a positive and lasting impact on our community. He was honored to present Mr. Harold G. Booker, Sr.tonight with this award. Mr. Booker and his family came to Federal Way in 1962 and along with like-minded individuals who later formed the Federal Way Committee for Human Rights worked to oppose discriminatory practices in housing, education, civic endeavors and more. Mr. Booker thanked Mayor Ferrell and the Council for this recognition noting he was honored and gave moving comments on his memories of Federal Way and those that made him smile. He recalled many memories in Federal Way with his late wife Verda and his children;specifically thanking many of the honored individuals tonight who are present. b. Certificates of Recognition of Federal Way Committee for Human Rights Founding Members Mayor Ferrell was also pleased to recognize the members of the Federal Way Committee for Human Rights. He thanked each honored guest and presented them each with certificates. Mayor Ferrell spoke about this group of courageous individuals who stood shoulder-to-shoulder against the oppression that infected the community and region at that time.They opened their homes and hearts to the cause of equity and spoke out in a unified voice against discrimination and racism. Barbara Nyland spoke regarding the history and original formation of the Committee, and the good it Federal Way City Council Regular Minutes Page 1 of 8 July 7, 2015 brought to the community. She thanked all those who are present this evening along with those who are no longer with us. At 7:35 pm, Mayor Ferrell announced the Council would be recessing for a brief reception. The Council reconvened at 7:55 pm. c. Best Start for Kids Initiative Presentation Patty Hayes, Director of Public Health — Seattle & King County presented a brief PowerPoint presentation to Council regarding a possible King County Initiative.She noted the initiative would be a 6-year countywide levy which may be placed on the November 2015 ballot. King County would lead a comprehensive community planning process following voter approval which would include investment strategies for ages 0-24 and community investment. King County Council will vote on this issue on July 20th for the November 2015 ballot. d. Mayor's Emerging Issues and Report • 25th Anniversary Celebration Recap Steve McNey, Community Outreach Coordinator gave a brief recap of the 25th Anniversary event including a few photos. He noted both the event and the carnival were a success, and while crowd numbers were split between the two venues, he feels it was a great event and noted it was great to see a lot of the former Mayors in attendance. He thanked event sponsors and staff for all the extra Y p effort in helping pull this event off. • Red, White and Blues Festival Recap—John Hutton Parks Director John Hutton was pleased to report on another very successful Red, White and Blues Event. It exceeded expectations with the show and entertainment; he thanked his team of staff, police, and fire department. He felt the crowd attendance was down a little due to the heat, but it was still a great family event and no significant issues were reported by the Police Chief. The Mayor thanked Mr. Hutton for a phenomenal job; and thanked the entire team of staff,volunteers, and commissioners for once again, a great community event. Councilmember Moore echoed the Mayor's praise and thanked Parks Commissioners for their help with the event. • Sound Transit Testimony Mayor Ferrell reported he and Deputy Mayor Burbidge attended a Sound Transit hearing regarding alignment options for Hwy 99 or 1-5. Deputy Mayor Burbidge thought the South Cities did a phenomenal job expressing the collective concerns and thoughtful questions. Mayor Ferrell noted July 23rd the Sound Transit Board will meet and decide which alignment they will prefer. Federal Way, along with Kent, Des Moines, Burien and Sea-Tac, have all stated support for the preferred alignment of 1-5. • Fireworks Enforcement Report—Chief Hwang Police Chief Andy Hwang gave a brief presentation to Council regarding this year's calls for service during the July 4t holiday. He reported the following information: Comparisons on Total Calls For Service (CFS) from June 28th—July 6th • 2014—2,141 total CFS • 2015—2,602 total CFS Federal Way City Council Regular Minutes Page 2 of 8 July 7, 2015 • 2014 - 231 fireworks related CFS • 2015 -268 fireworks related CFS • 2014 - 315 total CFS (July 4th alone) • 2015 -421 total CFS (July 4th alone) • 2014 - 118 firework related CFS • 2015 - 148 firework related CFS This year officers issued 52 tickets and 23 warnings (between June 28 —July 6); and confiscated approximately 250 pounds of fireworks. Chief Hwang noted the increase in citations was due to extreme dry conditions and high danger risk. In response to Council questions regarding issuing a citation versus a warning; Chief noted individuals 18 and over received civil citation. The Mayor and Council discussed the dangerous conditions and personal recounts of fireworks in their neighborhoods. Also discussed was the current Fireworks Ordinance which may need to be reviewed and modified. Mayor noted any changes implemented which are stricter than the state statue would take effect in one year; so next July 4th would not be effected. 4. CITIZEN COMMENT Norma Blanchard, spoke about traffic concerns and blocking intersections. She was also concerned there was not staff at the downtown Police Substation. Judy Zurligen, spoke to Council regarding her property and is asking to remove or plug pipes on her land. The Lakota project included an underground hardline which is not being utilized. They are asking for authorization to plug or remove the hole. In 10 years there is no private water flowing in or out of the pipes. Mayor Ferrell asked Public Works Director Marwan Salloum to follow up with Ms. Zurligen. Jim Stiles, spoke in support of the Red White and Blues festival and spoke towards the presentation made by King County regarding a possible Initiative on the November ballot. 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: June 16, 2015 Regular and Special Meetings b. Monthly Financial Report— May 2015 c. Vouchers— May 2015 DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE CONSENT AGENDA AS PRESENTED; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 6. COUNCIL BUSINESS a. Resolution: Appointing Members to Pro/Con Committees for November Advisory Vote Federal Way City Council Regular Minutes Page 3 of 8 July 7, 2015 City Attorney Amy Jo Pearsall gave a brief presentation to Council. She noted the Council adopted the Resolution to advertise for volunteers to be committee members on June 2nd. The Press Release seeking volunteers went out June 3rd with a deadline of June 22"d. The City Clerk's Office received 7 volunteers for the Con Committee; and 4 volunteers for the Pro Committee.At tonight's meeting,the Council may approve the Resolution to appoint all volunteers to be a part of the committee. The committee members will then select among themselves the three names which will be added to the Voter's Guide; including a spokesperson.Committee statements are due directly to King County by no later than July 16th Councilmembers discussed the process and the desire to interview the applicants similar to Commission Interviews to select the three members instead of the proposed direction; or to limit the number of each on the Committee. Councilmembers also asked clarifying questions regarding submittal and rebuttal statements. City Attorney Pearsall noted the statements are submitted directly to King County and do not go through city staff. DEPUTY MAYOR BURBIDGE MOVED APPROVAL OF THE RESOLUTION TO APPOINT VOLUNTEERS TO THE PRO AND CON COMMITTEES TO WRITE PRO AND CON STATEMENTS FOR THE VOTERS PAMPHLET FOR THE ADVISORY VOTE REGARDING WHETHER TO ALLOW MARIJUANA-RELATED BUSINESSES IN THE CITY; COUNCILMEMBER DUCLOS SECOND. COUNCILMEMBER MALONEY MOVED TO AMEND THE MOTION TO ALLOW COUNCIL INTERVIEWS AND SELECTION OF THE THREE COMMITTEE LEADERS FOR EACH COMMITTEE; COUNCILMEMBER MOORE SECOND. City Attorney Pearsall suggested the following amendments to achieve the Council direction suggested in the amendment if approved. Section 3. Designation of Committee Leaders. On or before July 21, the City Council will interview members of the Pro and Con Committees and designate three (3) leaders for each committee. Section 4. Designation of Spokespersons. The City Council directs the leaders of each committee to choose a spokesperson amongst themselves no later than August 7, 2015. Section 5. Certify Committee. Following the interviews and designation of committee leaders and spokespersons as described in Sections 3 and 4 above, the City Clerk is hereby directed to submit the names of the spokesperson and leaders from each committee to King County Elections no later than August 7, 2015. Councilmember Celski stated his opposition to inserting potentially partisan influence into this process by the process of Council selection versus the committee members selects the three names for the voter's guide. Councilmembers continued to debate the question. The amendment passed 5-2 as follows: Deputy Mayor Burbidge yes Councilmember Celski no Councilmember Assefa-Dawson no Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes The main motion as amended passed unanimously as follows: Federal Way City Council Regular Minutes Page 4 of 8 July 7, 2015 Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Human Services Commission Appointments COUNCILMEMBER HONDA MOVED TO APPOINT MICHAEL PELLICCIOTTI AND KEN STARK AS ALTERNATE MEMBERS OF THE HUMAN SERVICES COMMISSION WITH A TERM EXPIRING JANUARY 31,2018; COUNCILMEMBER MALONEY SECOND.The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes c. Youth Commission Appointments and Re-Appointments COUNCILMEMBER HONDA MOVED THE FOLLOWING APPOINTMENTS TO THE YOUTH COMMISSION: JESSE GOLDSTONE, ROBERT MACFARLANE AND JILLIAN ORY AS VOTING MEMBERS WITH TERMS EXPIRING AUGUST 31, 2017; AND ELIZABETH SANDSTEDT AND CONNER BRONSON-DOHERTY AS ALTERNATE MEMBERS WITH TERMS EXPIRING AUGUST 31, 2017; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes d. Lodging Tax Advisory Committee Appointment DEPUTY MAYOR BURBIDGE MOVED TO APPOINT RICHARD SONG TO THE LODGING TAX ADVISORY COMMITTEE TO FILL AN UNEXPIRED TERM ENDING OCTOBER 31, 2015; COUNCILMEMBER DUCLOS SECOND. The main motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes e. Reschedule of August 4, 2015 Regular City Council Meeting Mayor Burbidge noted in order for Council and staff to participate in National Night Out, historically the Council has rescheduled their first meeting in August to the second week in August. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1)FOR THE PURPOSE OF RESCHEDULING THE AUGUST 4, 2015 REGULAR CITY COUNCIL MEETING TO AUGUST 11, 2015; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes Federal Way City Council Regular Minutes Page 5 of 8 July 7, 2015 f. Cancellation of August 18th Regular City Council Meeting Deputy Mayor Burbidge noted similarly to the previous item; historically the Council has voted to cancel the second meeting in August to allow for Council and city staff vacations. DEPUTY MAYOR BURBIDGE MOVED TO SUSPEND COUNCIL RULE 2.1(1)FOR THE PURPOSE OF CANCELLING THE AUGUST 18, 2015 REGULAR CITY COUNCIL MEETING; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes 7. ORDINANCES Second Reading a. Council Bill #682: Phase V Condemnation Ordinance APPROVED ORDINANCE#15-799 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT-OF- WAY IMPROVEMENTS IN THE VICINITY OF PACIFIC HIGHWAY SOUTH FROM SOUTH 340TH STREET TO SOUTH 359TH STREET, KNOWN AS PACIFIC HIGHWAY SOUTH HOV LANES PHASE V PROJECT;DECLARING THE PUBLIC USE AND NECESSITY OF SUCH PROPERTY; DIRECTING STAFF TO EXHAUST REASONABLE NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY;AUTHORIZING THE CONDEMNATION OF THE PROPERTY; DIRECTING THE CITY ATTORNEY TO INITIATE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL;AND DECLARING A STATEMENT OF URGENCY. City Clerk Stephanie Courtney read ordinance title into the record. COUNCILMEMBER CELSKI MOVED APPROVAL OF THE PROPSED ORDINANCE; COUNCILMEMBER MALONEY SECOND. The motion passed unanimously as follows: Deputy Mayor Burbidge yes Councilmember Celski yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Maloney yes Councilmember Duclos yes Councilmember Honda yes b. Council Bill #683: S 304th St at 28th Ave S Intersection Project—Condemnation Ordinance ACQUISITION-OF CERTAIN PROPERTY FOR THE PURPOSE OF CONSTRUCTING RIGHT OF- WAY IMPROVEMENTS IN THE VICINITY OF SOUTH 30 TH STREET AT 28TM AVE SOUTH INTERSECTION IMPROVEMENTS PROJECT; DESCRIBING THE PUBLIC USE AND NEGOTIATION EFFORTS TO PURCHASE SUCH PROPERTY; PROVIDING FOR THE ALL NECESSARY ACTION-SAND PROCEEDINGS IN THE MANNER-PROVIDED BY LAW FOR SAID CONDEMNATION-IF ATTEMPTS TO PURCHASE ARE NOT SUCCESSFUL. Street Systems Manager John Mulkey gave a brief update to Council noting this ordinance is no longer needed as successful negotiations have been completed. The property owner was out of Federal Way City Council Regular Minutes Page 6 of 8 July 7, 2015 country therefore holding up signatures; the project is now moving forward. Councilmember Celski thanked staff for working hard and appreciates when the process does not progress to the condemnation stage. Council Bill#683 died for lack of Second Reading. 8. COUNCIL REPORTS Councilmember Assefa-Dawson reported on structural changes regarding the governing board of the Committee to End Homelessness. She attended along with Councilmember Moore the AWC Conference in Wenatchee which had many valuable sessions. She was pleased to attend many events including the Multi-Service Center Crab Feed and Dinner Auction; and Chamber Luncheon where partnership and economic vitality were discussed. Councilmember Maloney thanked the staff for Red White and Blues Event and the 25th Anniversary Celebration. She attended the SCA Legislative Update and gave an update on what was happening in Olympia. Last week she met with Laurence Garrett Advancing Leadership Director; she appreciates his vision and moving it forward with advancements in that program. Rebranding meetings have been kicked off again- looking forward to including Council and the Community; in addition, the University initiative is also moving forward. She also attended the crab feed at community center; also attended Seattle Chamber of Commerce where gender wage equity was discussed. Councilmember Honda reported the next Parks, Recreation, Human Services, Public Safety Council Committee is on Tuesday, July 14th at 5:00 pm. She was glad to participate as a judge at the"We the People" event at Camelot Elementary School where 5th graders take 6 weeks to learn about government; she was highly impressed by the students and teachers who participated. July 18th is Safety Day at the Federal Way Farmers Market;free helmets and fitting for children will be available. She noted the 59th annual Salmon Bake at Steel Lake by Noon Kiwanis Club is coming up and is a wonderful event. The Summer Concert Series sponsored by Arts Commission is on Wednesday nights 7-8pm with great bands and great concerts, she would like to see increased attendance. Councilmember Celski was pleased with all the community events recently. He reported on the Multi- Service Center crab feed which raised $121,000 and was well attended; including all the Councilmembers. He reported on the 2nd Annual Multi-Service Center Helps Luncheon October 22"d, held at Emerald Downs. He noted the next Council meeting has items which went through the Land Use Transportation Committee and he will be speaking to those items at the next Council Meeting. Councilmember Moore reported on a lot of events in the city and that he loves to learn and listen. He also attended the crab feed and feels the Multi-Service Center is a wonderful program to support. He attended the AWC conference with Councilmember Assefa-Dawson; so many workshops that were informative. He reported on meeting the Boy Scout Troup 361; attending the Korean quarterly meeting; and advancing leadership graduation. He is very excited to participate in the 2016 Advancing Leadership Class. He agreed the Red, White and Blues festival and the 25th Anniversary were amazing. Councilmember Duclos noted a busy month, and also agreed the 25th Anniversary celebration and the Red, White and Blues event were wonderful. She attended the Chamber Luncheon which was as always informative regarding the 2 Ports merging. She feels this is a wonderful idea moving forward recognizing the benefits of staying separate but merging. She also attended the Multi-Service Center Crab feed —the crab was delicious. Federal Way City Council Regular Minutes Page 7 of 8 July 7, 2015 Deputy Mayor Burbidge reported the next meeting of the Lodging Tax Advisory Committee will be July 15th at 8am. She commented on the positive reports on all the busy events and celebrations, most of them are city celebrations including 25th Anniversary Celebration; Red, White and Blues Event; and this evening celebration with the Mayor's Key to the City. In addition the Multi-Service Center Crab Feed was held in a city facility; she noted these events utilize and huge amount of city staff hard work — she extends her thanks and appreciation to staff. She also was pleased the 25th Anniversary Celebration was able to include the FW Symphony and soloist; and other musical groups,which were all outstanding. She thanked the Coalition of the Performing Arts who had an informational booth at Red,White and Blues Festival about the Performing Arts and Events Center;a wonderful contribution of volunteer hours. Thanks all the folks who helped with these celebrations. 9. EXECUTIVE SESSION - - -_ .. - _- -- - - -- -- - — • .-9. . . . e not needed b. Property Asquisition pursuant to RC-VV 42.30.110(1)(b) not needed City Council did not adjourn into Executive Session. 10. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Regular Meeting at 9:55 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 July 7, 2015 /0# 4142; ()RAF. .0, 25th T +709 . © � CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall July 7, 2015 — 5:30 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Burbidge called the Special Meeting to order at the hour of 5:35 pm. City officials in attendance: Deputy Mayor Jeanne Burbidge, Councilmember Lydia Assefa-Dawson, Councilmember Kelly Maloney, Councilmember Susan Honda, Councilmember Bob Celski, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Amy Jo Pearsall, and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEWS a. Youth Commission - 3 applicants b. Human Services -2 applicants c. Lodging Tax Advisory Committee - 1 applicant City Council interviewed six applicants and reviewed two more re-appointment applications. 3. COUNCIL REVIEW/DISCUSSION At 6:45 pm, Mayor Ferrell and Chief of Staff Wilson joined Council as they recessed into Executive Session for approximately 15 minutes for the purpose of discussing Collective Bargaining pursuant to RCW 42.30.140(4)(b) and Property Acquisition pursuant to RCW 42.30.110(1)(b). 4. EXECUTIVE SESSION a. Collective Bargaining pursuant to RCW 42.30.140(4)(b) b. Property Acquisition pursuant to RCW 42.30.110(1)(b) 5. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the Special Meeting at 6:58 pm. Attest: Stephanie D. Courtney, CMC City Clerk Approved by Council: COiJNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S356TH STREET (PACIFIC HIGHWAY SOUTH TO ENCHANTED PARKWAY) IMPROVEMENT PROJECT — 85% STATUS REPORT POLICY QUESTION: Should the Council authorize staff to proceed with design of the S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6,2015 CATEGORY: Z Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Naveen Chandra,P.E., Street Systems Project Enginee DEPT: Public Works............................................................................................................................................................................................... .. Attachments: Land Use and Transportation Committee memorandum dated July 6,2015. Options Considered: 1) Authorize staff to proceed with design of the S356th Street(Pacific Highway South to Enchanted Parkway) Improvement Project and return to the LUTC Committee at the 100%design completion stage for further reports and authorization. 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 City Council Consent Agenda for appro MAYOR APPROVAL: �y1 DIRECTOR APPROVAL: of 'nee oun F I C ee / CHIEF OF STAFF: Committee ' Council COMMITTEE RECOMMENDATION:I move to forward Option 1 to the July 21, 2015 City Council consent agenda for approval. II f rap �°;=r�.'„ �: :�. ii �'% Gr"::4- • Ce s1,, C air Kell j aloney, Member 41 is Assefa-ii wson,Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design of the S3 6th Street (Pacific Highway South to Enchanted Parkway)Improvement Project and return to the LUTC Committee at the 100%design completion stage for further reports and authorization." (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-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum,P.E., Public Works Director rp Naveen Chandra,P.E., Street Systems Project Engineer SUBJECT: S356th Street (Pacific Highway South to Enchanted Parkway) Improvement Project — 85% Status Report BACKGROUND This project would result in the construction of a continuous 5-lane urban arterial with bike lanes between Pacific Highway South and Enchanted Parkway. The project will also include utility relocation, storm drainage improvements, paving, curb and gutter, sidewalk, street lighting, traffic signal modification, signing, channelization, and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85%complete, which includes the following completed tasks: • The Topographical Surveys • Project Design to 85% • NEPA and Biological Assessment Documentations and submittal • The Environmental Site Assessment(ESA)Phase I • The Geotechnical Investigation • Right of Way Plan Preparation Ongoing Tasks Include: • NEPA and Biological Assessment Documentations Project Permitting • Channelization plans submittal and approval by WSDOT • Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and Acquisition) • Project Design to 100% PROJECT EXPENDITURES: Planning and Design $ 500,000 Right of Way Acquisition 260,000 Year 2015 Construction 4,482,000 10%Construction Contingency 448,000 Construction Management(12.5%) 522,500 TOTAL PROJECT COSTS: $6,212,500 Land Use and Transportation Committee S356th Street—Pacific Highway South to Enchanted Parkway Improvement Project—85%Status Report July 6,2015 Page 2 of 2 AVAILABLE FUNDING: Budgeted City Fund(Year 2013) $1,000,000 Impact Fee $95,800 Interest Earnings $1,813 Lakehaven Utility District $179,382 TOTAL AVAILABLE BUDGET: $1,276,995 PROJECT BUDGET SHORTFALL: -$4,935,505 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 100%design completion status report for further action. This project is not scheduled for construction at this time. Construction funding needs to be identified. Cc: Project File Day File K:\LUTC\2015\07-06-15 S 356th Street-Pac Hwy to Enchanted 85%Status.doc COUNCIL MEETING DATE: July 21, 2015 ITEM#: G CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:TWIN LAKES'15 NTS —35TH AVE SW(SW 325TH ST TO SW 327TH ST) POLICY QUESTION: Should the Council approve the installation of three(3) speed humps,two (2)lane dividers and one(1)traffic circle on 35th Ave SW and SW 325th St? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6, 2015 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston P.E.—Senior Traffic Engine DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015 Options Considered: 1. Authorize the installation of three speed humps, two lane dividers, and one traffic circle on 35th Ave SW and SW 325th St. 2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff. MAYOR'S RECOMMENDATION: Forward Option 1 to the July 21, 2015 City Council Consent ' :enda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL:,V!� Co 'ttee uncil /is ` .al/Date Initial/Dat 'irate CHIEF OF STAFF: 11 Nh� c.,. i'- co I,e'tal/Date Init. Date COMMITTEE RECOMMENDATION:I move to forward Option 1 to the July 21, 2015 consent agenda for approval. iter /In' dlAto —114 ommittee Chair Co d? ittee Member J 4 Committee" em•er PROPOSED COUNCIL MOTION: "I move approval of Option 1 to install three speed humps, two lane dividers, and one traffic circle on 35t1i Ave SW and SW 327th St." (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 1/2015 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum P.E.,Director of Public Works Erik Preston P.E., Senior Traffic Engineer 7 SUBJECT: Twin Lakes NTS `15—35th Ave SW(SW 325`"St to SW 327`"St) BACKGROUND: Residents along 35th Avenue SW between SW 325th Street and SW 327th Street submitted a petition on February 20, 2015 requesting the installation of speed humps or other traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along 35th Avenue SW. A traffic study was conducted and the results are as follows: • Roadway Classification :Minor Collector • Average Daily Traffic (ADT): 2,058 • 85th percentile speed: 30.6 mph • Total collisions: 3 • Injury Collisions: 0 Based on the current adopted NTS installation criteria(per table below), 35th Avenue SW scored 3.5 total severity points. This meets the minimum 3.0 severity points to qualify for the installation of traffic calming devices. Table 2 Minor Collector Street NTS Criteria Point 85th Percentile Average Daily Location 5-Year Collision History Scale Speed Traffic(ADT) School/Park Total Injury Fatal 0.0 0-25 0- 1,000 No 1 - - 0.5 26-27 1,001 — 1,800 Yes 2 - - 1.0 28-29 1,801 —2,600 - 3 1 - 1.5 30-31 2,601 —3,400 - 4 - - 2.0 32 -33 3,401 —4,200 - 5 2 1 2.5 34- 35 4,201 -5,000 - 6 - - 3.0 36+ 5,001+ - 7+ 3+ 2+ A neighborhood traffic safety meeting was held on March 31, 2015 with 19 attendees signing in. Although no clear consensus was reached, the attending group's majority proposal was to install two traffic circles (at the SW 325th St and SW 327th St intersections), one speed hump between them near SW 326th Street, and possibly another speed hump south of SW 327th Street. Because of concerns about the traffic circles and vehicle speeds on SW 325th Street, improvement alternatives were developed that would address the major safety concerns for each location. Additional traffic counts confirmed that this portion of SW 325th Street near 35th Avenue July 6,2015 Twin Lakes NTS `15 Page 2 SW would qualify for traffic calming improvements. A summary of the proposed options is summarized below and illustrated on the attached map. Location 1—Intersection of SW 325`"St& 35th Ave SW Option IA would install a traffic circle with a small chicane on the east leg and divider island on the south leg of 35th Ave SW. Option 1B would install two speed humps on SW 325th St and divider islands on the east leg and south legs of the intersection. Location 2—35th Ave SW between SW 325`h St and SW 327`h St A Speed Hump is proposed at the location shown on the map between addresses 32519 and 32527 35th Ave SW.This is the only viable location for a traffic calming device on this section of roadway because no device can be located on grades over 8%or within 250 feet of a Stop sign. Location 3—Intersection of SW 327`h St& 35`h Ave SW Option 3A would install a traffic circle and change the intersection control to YIELD on all approaches. Option 3b would remove the north-and southbound Stop signs and add a raised crosswalk on the north leg of the intersection. The raised crosswalk would slow down vehicles and highlight the pedestrian crossing at the intersection.This option would be most effective with a speed hump at location 4. Location 4—35th Ave SW south of SW 327`h St A Speed Hump is proposed at 32729 35th Ave SW, approximately 350 feet south of SW 327th Street. In accordance with established NTS policies, staff sent a total of 164 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed traffic calming device locations.The following table summarizes the ballot results: 2015 Twin Lakes NTS Ballot Counting Location Option Description Total 1 A Traffic Circle & Divider 23 35sw325 B Speed Humps&Dividers 25 C No Action 13 2 A Speed Hump 48 35 Ave SW B No Action 14 3 A Traffic Circle 33 35sw327 B TWSC& Raised X-Walk 12 C No Action 14 4 A Speed Hump 44 35 Ave SW B No Action 15 A second neighborhood traffic safety meeting was held on June 10, 2015, with 19 attending, in which questions were answered and the balloting results and upcoming meeting dates were shared. The Traffic Division staff proposal follows the balloting results in recommending Option 1B, 2A,and 3A; but removing Option 4A from the proposal since Option 3B was not selected. Adding another speed July 6,2015 Twin Lakes NTS `15 Page 3 hump to 35th Avenue SW may add unnecessary delay to motorists and excessive wear to transit vehicles considering the 4 existing speed humps, raised crosswalk, and 2 all-way stops further south. This speed hump can be added later if the follow-up study shows that it is needed.The proposed locations for 3 speed humps, 2 lane dividers, and one traffic circle have been marked on the street. The estimated cost of this project is approximately$25,000 which exceeds 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 school NTS and/or school safety related improvements. Currently no school- designated expense is anticipated and only $11,000 has been spent, which leaves approximately $39,000 in this year's budget. The proposed package s h o ld be effective in reducing sp eeds on 35th Avenue SW and a portion of SW 325th Street. However,there may be some negative impacts to the neighborhood including inconvenience, noise,and a slight increase in emergency response time. cc: Project File Day File ^ '44 ° 71 5 Iv - • . _ 4. QC MS a AV / ---1 w T > .,c...0.- • ..,;; rift - u E•h) —, --t' (A n - • I . CU cp III ,.. (D , , s.,,J n ... r r''''' r• 1 rr ..., .....1 =i. 4. " ,- I 1 , 01'. ,.. n — Ct. n 4 • w = ..., if r-40N ".".."..."..' c 4 i$ rr: • -* , = 4. 'T....el t - :,. lip" 1.: * Ilk "'''• .-Zift ..""4P*.alk.ThrbeCir = , I ... 4 ill 5th Ave' _SW ro 11fi ' ? I 11 ' , „, , • * . , ! 'ire'' . = , 4.....J. t 4, i ., ..0, .4„,...iit E...j ,‘: - -.,... 4 4 *- e• ' '""*. ''''* t?' r ,-+ t417.. NJ -4 r „,.......,_.4„ .....„,... 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":61 k CD 1 L / 1,3 , ' -n N..:1411- r\-),,i 1■_) ..6, IN-...:-ri i / / mi Kl, ,,V i'llt‘r rc. ca t147 - , (1) 0_ e NW m - o E Z 0 A "c' , — * ‘„ cr ) ,.) , (1k _0 T , .1 -.4 (. _.. --!. , :,: •..,--' -0* ,/ ""1 gt I4 ir..." I _ COUNCIL MEETING DATE: July 21,2015 ITEM#:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to enter into an agreement with King County for services related to effectiveness monitoring of the South 356th St.Retrofit and Expansion Project. POLICY QUESTION: Should Council authorize the City to enter into an agreement with King County for services related to effectiveness monitoring of the South 356th St. Retrofit and Expansion Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dan Smith, Surface Water Quality Coordinator D.c _DEPT: Public Works Attachments: Signed Agreement Options Considered: 1.Authorize the Mayor to enter into an agreement with King County. 2. Do not enter into an agreement with King County and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21,2015 City Council consent agenda for approval. MAYOR APPROVAL: G+ ,jG � Af10 4 RECTOR APPROVAL: Committee C ncil rtial . CHIEF OF STAFF: `�� Com Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 Council consent agenda for approval. �'�i Iii 4,i-, ` kit/ __ !� � /� fd.2 ��s�G.rd ' ` Chair Kell ?alone , Member / L4'a Assefa- :iv on, Member .o� Celski, PROPOSED COUNCIL MOTION: "I move authorization to enter into an agreement with n g County for services related to effectiveness monitoring of the South 356th St. Retrofit and Expansion Project." (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-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum, P.E., Public Works Director Dan Smith, Surface Water Q ty uali Program Coordinator P SUBJECT: S. 356"`RDF Effectiveness Water Quality Monitoring Agreement with King County BACKGROUND: The South 356th Regional Detention Facility (RDF), originally built in 1997, was recently retrofitted by Surface Water Management(SWM) utilizing a combination of CIP funding(25%) and an Ecology Grant o and a wetland and addition of a bioretention facility a fundin 75/o . The RDF retrofit included the a y pond ) complex. Pursuant to water quality monitoring requirements contained within the Western Washington Municipal Stormwater Permit, the Department of Ecology (Ecology) has selected the South 356th RDF for a long- term effectiveness study. In 2014, King County was awarded the opportunity to design and implement the study, which will provide a comprehensive assessment of the effectiveness of the retrofit project with n from a heavily-urbanized drainage respect to flow, quality, and toxicity of stormwater runoff flowing y g P how effectively the RDF removes pollutants generated from basin. The results of this effort will inform ho e y p g upstream commercial properties, and how the facility protects receiving waters(North Fork West Hylebos Creek). The stormwater water quality effectiveness study will be primarily implemented by King County. However, SWM staff will also participate in the effort, and this will necessitate entering into an agreement with King County for these services. The work performed under this agreement is described in the attached Exhibit A,Agreement Between King County and the City of federal Way for Services Related to Effectiveness Monitoring of the South 356`h Street Retrofit and Expansion Project(Agreement). The proposed 2015-2018 Agreement would be fully funded by the Department of Ecology through King County. King County will pay Federal Way up to $53,263 for actual costs incurred to perform work described in the Agreement. Work elements conducted by staff includes water quality monitoring of temperature, turbidity at several locations within the RDF, and sampling macroinvertebrates in the receiving waters. Staff believes these efforts will help to demonstrate the project's effectiveness in controlling flows and reducing contaminant loadings to receiving waters in Federal Way. cc: Project File Day File AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR SERVICES RELATED TO EFFECTIVENESS MONITORING OF THE SOUTH 356TH STREET RETROFIT AND EXPANSION PROJECT This Agreement is made and entered into by King County,Washington,by and through its Water and Land Resources Division(hereinafter"WLR"),Department of Natural Resources and Parks, and the City of Federal Way,hereinafter referred to as "Federal Way" or"City,"collectively referred to as the "Parties," for Federal Way to provide services to WLR in conducting the Effectiveness Monitoring of the S. 356th Street Retrofit and Expansion Project. I. Purpose This Agreement provides the terms under which the City will provide services to WLR as outlined in Exhibit One, attached to this Agreement and incorporated herein and made a part hereof. II. Administration A. The provision of services under this Agreement will be managed for WLR by Kate Macneale or other representative as designated by WLR, and for the City by Daniel Smith or other representative as designated by the City("Administrators"). B. In the event that a dispute arises under this Agreement,it shall be resolved by the Administrators. If the dispute cannot be resolved by the Administrators, it shall be referred for resolution to the Division Director of WLR and the Federal Way Public Works Director. This provision shall not be construed as prohibiting either Party from seeking enforcement of the terms of this Agreement, or relief or remedy from a breach of the terms of this Agreement, in law or in equity. III. Responsibilities A. Federal Way will provide services as described in Exhibit One. B. King County shall pay for the services provided as described in Exhibit One and make payments in accordance with the terms of Section IV. below. IV. Billing and Payment A. King County shall pay Federal Way up to $53,263 for actual costs incurred to perform work as described in Exhibit One. 1 B. Expenditures to be reimbursed by King County under this Agreement shall be included on itemized invoices and shall be subject to approval by WLR. Invoices may be submitted no more frequently than quarterly and no less frequently than semi-annually. C. Payment to Federal Way for approved invoices will be made by King County within sixty • (60)days of receipt of invoices. D. The Parties represent that funds for service provision under this Agreement have been appropriated and are available for 2015 and 2016. To the extent that service provision under this Agreement requires future appropriations beyond current appropriation authority,each of the Parties' obligations are contingent upon the appropriation of sufficient funds by that Party's legislative authority to complete the activities described herein. If no such appropriation is made for either Party,this Agreement will terminate at the close of the appropriation year for which the last appropriation that funds these activities was made. V. Effectiveness and Duration A. This Agreement is effective upon signature and shall remain in effect until December 30, 2018. B. This Agreement may be amended,altered, clarified,or extended only by the written agreement of the Parties hereto. C. This Agreement is not assignable by either Party, either in whole or in part. D. This Agreement is a complete expression of the intent of the Parties and any oral or written representations or understandings not incorporated herein are excluded. The parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the parties which shall be attached to the original Agreement. VI. Indemnification King County shall protect, defend, indemnify, and save harmless the City, its officers, officials, employees, and agents, while acting within the scope of their employment, from any and all costs, claims,judgments, penalties, and/or awards of damages, arising out of or in any way resulting from King County's own negligent acts or omissions in performing obligations pursuant to this Agreement. To the fullest extent permitted by law, the City shall protect, defend, indemnify, and save harmless King County, its officers, officials, employees,and agents, while acting within the scope of their employment, from any and all costs,claims, 2 judgments,penalties, and/or awards of damages,arising out of or in any way resulting from the City's own negligent acts or omissions in performing obligations pursuant to this Agreement. Each Party agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by,or on behalf of, any of its employees or agents. For this purpose, each Party,by mutual negotiation,hereby waives,with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees,to enforce the provisions of this Article, all such fees,expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. This indemnification shall survive the termination of this Agreement. VII. Counterparts This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day of ,201_. Approved as to Form King County: By: By: Title: Deputy Prosecuting Attorney Title: Department artment Director Department of Natural Resources and Parks Approved as to Form City of Federal Way: By: By: Title: Title: Mayor 3 Exhibit One STATEMENT OF WORK Effectiveness Monitoring of the S.356th Street Retrofit and Expansion Project,Federal Way,WA. A. Description The Washington Department of Ecology has executed with the King County Water and Land Resources Division(WLR) an agreement to conduct a Regional Stormwater Monitoring Program (RSMP) stormwater effectiveness monitoring project. The project focuses on monitoring a regional detention facility(RDF) that the City of Federal Way retrofitted and expanded from 2012—2014. The Federal Way stormwater retrofit, known as the South 356th Street Project, provides an excellent opportunity to assess the performance of regionally representative stormwater BMPs. The City conducted monitoring prior to and during the retrofit and expansion, including monitoring water temperature and turbidity at several locations within the RDF and sampling macroinvertebrates in the receiving waters. As part of the RSMP project, the City will continue the temperature, turbidity and macroinvertebrate monitoring and WLR will conduct additional monitoring(for other water quality parameters and flow). The City will also provide expertise about the RDF, allow access to the site, share previous and current data, and review data analyses and reports. The scope of work below describes the specific tasks that the City will Y p P perform using funds provided to WLR through the Department of Ecology as described above. B. Scope of Work Task 1: Planning and the Development of the Quality Assurance Project Plan (QAPP) ($4,449: April 2015—June 2015) This task will include activities related to the development, revision and submission of the QAPP. WLR will meet with the City to discuss previous data, project design, roles and responsibilities of team members, and logistics for sampling. WLR will prepare the QAPP following Ecology guidelines. The City will provide relevant data that will be included in the QAPP, and the City will review the draft QAPP before it is sent to Ecology for review. Task 1 Deliverables: D1.1. Review of QAPP —Target: end of June 2015 4 Task 2: Field Sampling, Data Collection and Analysis ($30,120; April 2015—December 2017) The City will collect continuous temperature data, continuous turbidity data and macroinvertebrate samples according to the methods and QA\QC specified in its 2012 Quality Assurance Project Plan"Water Quality Monitoring Study South 356th Street Regional Detention Facility Retrofit Project Federal Way, Washington". Federal Way staff will collect continuous turbidity and water temperature data at the same stations surveyed prior to the retrofit. Turbidity will be measured at the inlet of the wet pond complex and the RDF outlet that discharges to the North Fork of West Hylebos Creek. Continuous temperature will be measured at the wet pond complex inlet, the RDF outlet, and in the creek at the monitoring station at S. 359th Street. Data collection will begin in April 2015 and continue through at least June 2017. Federal Way staff will collect aquatic benthic macroinvertebrates in the North Fork of West Hylebos Creek in 2015, 2016 and 2017. Two sites will be sampled, and both are accessed from S. 359th Street (approximately 0.2 miles south of the RDF). At each site and once per summer, three replicate samples will be collected using the methods described in the Federal Way QAPP. Activities and expenses that the City will invoice for include: • staff labor for laboratory and field time for calibrating, deploying and retrieving equipment • equipment costs (e.g., Onset TidbiT temperature loggers, YSI turbidity sensor#6136) • macroinvertebrate sampling,and processing costs • miscellaneous equipment and supplies including AA batteries, turbidity standard, DI water, Kimwipes, and paper towels Task 2 Deliverables: D2.1. Annual progress report including data summaries: December 2015 D2.2. Annual progress report including data summaries: December 2016 D2.3. Annual progress report including data summaries: December 2017 5 Task 3: Final Report ($12,955; July 2017—December 2018) This task will include management and analysis of data as needed for the preparation of the final report. The final report will describe the study design, methods and findings of the study. As part of this final report,the City will analyze the continuous temperature data and continuous turbidity data from the stations described in Task 2. The City will also include comparisons of the temperature and turbidity data with data collected previously(2012-2014). WLR and the City will work together to determine which statistical analyses are appropriate. The City will also include macroinvertebrate data generated from samples collected from the North Fork of West Hylebos Creek in the final report. Data will be uploaded to the Puget Sound Stream Benthos Monitoring and Assessment database, and the City will include the BIBI metric scores for each sample in the final report. Material provided by the City to WLR may include raw data, data summary tables, figures displaying data, statistical analyses of data, and written discussion of results. WLR will include the Federal Way results and discussion in the final report, and the City will review drafts of the final report. Task 3 Deliverables: D3.1. Draft Report—Target: September 2018 D3.3. Final Report—Target: December 2018 Task 4: Project Management ($5,739; April 2015—December 2018) Federal Way staff will contribute to the management of the RSMP project by providing site access, reviewing the site history, sharing previous and current data, attending relevant meetings, and consulting with County staff when needed. Federal Way will prepare semi-annual reports that will include a status of data collection and analysis efforts. Task 4 Deliverables: 6 D4.1. Meeting attendance and correspondence regarding project management—Target: completed by December 2018 C. Schedule for tasks and deliverables Schedule for Tasks and Deliverables 2015 2016 2017 2018 shading indicates when sub-tasks will be occuring Q1/02 03/04 Q1/02 03/04 01/02 Q3/Q4 01/02. 03/04 Task 1 - Planning and QAPP D1.1.Review of QAPP Task 2- Field Sampling, Data Collection and Analysis D2.1.Progress report r , D2.2.Progress Report D2.3.Progress Report Task 3- Final Report D3.2.Draft report D3.3.Final Report Task 4- Project Management D4.1.Semi-annual Project Report N r D. Federal Way Budget by Task Cost Task estimate Task 1:Planning and QAPP $4,449 Task 2:Field sampling, data collection and analysis $30,120 Task 3:Final report $12,955 Task 4:Project management $5,739 Total $53,263 7 ATE: Jul 21, � COUNCIL MEETING DATE: July ,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to accept the 2016 Water Quality Algae.Control Program Grant and enter into a grant agreement with the Department of Ecology POLICY QUESTION: Should Council authorize the City to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dan Smith, Surface Water Quality Coordinator DEPT: Public Works Attachments: Grant Agreement WQALG-2016-FedWay-00003 Options Considered: 1. Authorize the Mayor to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology. 2. Do not accept the grant and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 2h2015 City Council consent agenda for approval. all MAYOR APPROVAL: �► DIRECTOR APPROVAL: .1.4111111h APPROVAL: Co mu/te oun il �G/ -:' R�� CHIEF OF STAFF: 0�' 4y r7 - oancit COMMITTEE RECOMMENDATI 1 : I move to forward Option 1 to the July 21, 2015 Council consent agenda for approval. A b Ce ski, Chair Kell y alone , Member 4 L j: Assefa-iywson, Member PROPOSED COUNCIL MOTION: "I move authorization to accept the 2016 Water Qual Algae Control Program Grant and enter into a grant agreement with the Department of Ecology. (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-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM• Marwan Salloum, P.E., Public Works Director Dan Smith, Surface Water Quality Program Coors inator ➢� SUBJECT: Authorization to accept the 2016 Water Quality Algae Control Program Grant and enter into a grant agreement with the Department of Ecology BACKGROUND: Many lakes within Federal Way have experienced hazardous algae blooms (HABs) in recent years, including the Twin Lakes—Lake Lorene and Lake Jeane. In November of 2014, staff was authorized to apply for Department of Ecology (Ecology) Freshwater Algae Control Program Grant Funding for the implementation of a surface and stormwater quality study in the Upper Joe's Creek watershed to identify, control, and reduce external sources of pollutants(nutrients)that may be contributing to HAB formation. Pursuant to application, Ecology has offered the City of Federal Way funding granted through the Algae Control Program to complete this study. The grant project includes monthly monitoring for approximately one year for nutrients (phosphorus and nitrogen), bacteria (fecal coliform), and other problematic pollutants. Hydrologic measurements and precipitation data will also be collected. Additionally, monitoring information will be used in the preparation of a public education and outreach element designed for the residents residing within the Upper Joe's Creek watershed. This educational component includes workshops, development of educational materials (posters, flyers, newsletters), and a summary of findings. The eligible cost of the funding offered to the City totals $66,560, which includes a 25% cost share of $16,640. cc: Project File Day File Agreement No WQALG-2016-FedWay-00003 Page 1 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way DEPARTMENT OF ECOLOGY State of Washington Agreement WQALG-2016-FedWay-00003 Water Quality Algae Control Program AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Federal Way This is a binding Agreement entered into by and between the State of Washington,Department of Ecology, hereinafter referred to as"ECOLOGY"and City of Federal Way,hereinafter referred to as the"RECIPIENT"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Upper Joe's Creek Watershed Nutrient Reduction Total Cost: $66,560.00 Total Eligible Cost: $66,560.00 Ecology Share: $49,920.00 Recipient Share: $16,640.00 The Effective Date of this Agreement is: 07/01/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project Type: Algae Control Project Project Short Description: The purpose of this project is to generate credible and valuable surface and stormwater water quality and hydrologic data collected within the Upper Joe's Creek Watershed that may be used to identify,control,and reduce external surface and stormwater sources of nutrients to the Twin Lakes(Lake Lorene and Lake Jeane). Project Lona Description: The"Twin Lakes"are comprised of Lake Lorene (8 acres)that is fed primarily by the west branch of Joe's Creek, and Lake Jeane(10 acres). Lake Lorene discharges over a distance of approximately 1,000 feet into Lake Jeane. Past lake management efforts in the Twin Lakes have focused on controlling the growth of algae and aquatic plants via NPDES permitting. Additionally,the lakes have implemented grass carp control,aeration,and the application of biological clarifiers. However,each lake continues to exhibit signs of eutrophication.This project will help to quantify,control and eliminate external non-point sources of nutrients entering the lake systems. WQALG-2016-FedWay-00003 Agreement No WQALG-2016-FedWay-00003 Page 2 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way Long-term residents have described recurring algae blooms(both filamentous and cyanobacteria)that have produced noxious odors.Lake monitoring data from the summer of 2003 showed high levels of total phosphorus(mean of 57 ug/L) in Lake Lorene(Herrera 2004). The presence of high nutrient levels in the Twin Lakes.has resulted in the generation of harmful algae(cyanobacterial)blooms(HABs). The outcome of the Upper Joe's Creek Watershed Nutrient Reduction project is expected to allow for the identification,control,and reduction of external surface and stormwater sources of nutrients to the Twin Lakes(Lake Lorene and Lake Jeane),with a long term goal of reduced HAB formation. Overall Goal: The overall goal of the Upper Joe's Creek Watershed Nutrient Reduction project is to collect comprehensive and credible surface and stormwater quality data and hydrologic modeling data that will provide for the following: I)the identification of problematic surface and stormwater nutrient sources,2) the implementation of corrective actions for the reduction and/or elimination of identified surface and stormwater nutrient sources,2)an analysis of surface and stormwater quality an hydrologic data to estimate external surface and stormwater nutrient loading figures to be used to for future phosphorus budget analysis and/or algae control plans,and 3)the implementation of a public education component that provides best management practices information for controlling urban sources of nutrients to targeted populations based upon the assimilation of project data. • WQAI.6-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 3 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way RECIPIENT INFORMATION Organization Name: City of Federal Way Federal Tax ID: 91-1462550 DUNS Number: 612509901 Mailing Address: 33325 8th Ave South Federal Way,WA,98063 Physical Address: 33325 8th Ave South Federal Way,Washington,98063 Organization Email: daniel.smith @cityoffederalway.com Organization Fax: (253)835-2709 Contacts Project Manager Dan Smith Surface Water Quality Program Coordinator 33325 8th Ave S Federal Way,Washington,98063 Email: daniel.smith @cityoffederalway.com Phone: (253)835-2756 Billing Contact Dan Smith - Surface Water Quality Program Coordinator 33325 8th Ave S Federal Way, Washington,98063 Email: daniel.smith @cityoffederalway.com Phone: (253)835-2756 Authorized Marwan F Salloum Signatory Public Works Director 33325 8th Ave South Fedferal Way, Washington,98003-6325 Email: marwan.salloum@cityoffederalway.com Phone: (253) 835-2710 W QALG-2016-FedWay-00003 Agreement No WQALG-2016-FedWay-00003 Page 4 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive Lacey, WA 98503 Contacts Project Lizbeth Seebacher Manager P.O. Box 47600 Olympia,Washington,98504-7600 Email: lsee461@ecy.wa.gov Phone: (360)407-6938 Financial Lizbeth Seebacher Manager P.O. Box 47600 Olympia, Washington,98504-7600 Email: lsee461@ecy.wa.gov Phone: (360)407-6938 Technical Lizbeth Seebacher Advisor P.O. Box 47600 Olympia, Washington,98504-7600 Email: lsee461@ecy.wa.gov Phone: (360)407-6938 W Q A L G-20 16-Fed Way-00003 Agreement No: WQALG-2016-FedWay-00003 Page 5 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction .Recipient Name: City of Federal Way RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations,and guidelines mentioned in this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. IN WITNESS WHEREOF,the parties hereby sign this Agreement Washington State City of Federal Way Department of Ecology Program Manager Date Marwan F Salloum Date Heather Bartlett Public Works Director Water Quality • WQALG-20I 6-FedWay-00003 Agreement No: WQALG-20l6-FedWay-00003 Page 6 of 22 Project Title Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way William Appleton Deputy Director Public Works Date Jim Ferrell Mayor,City of Federal Way Date Hollie Shilley • Water Quality Specialist,City of Federal Date Way Tony Doucette Surface Water Engineer Date W QA f.G-20 I 6-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 7 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way SCOPE OF WORK Task Number: 1 Task Cost: $2,500.00 Task Title: Project Administration/Management Task Description: A.The RECIPIENT will administer the project. Responsibilities will include,but not be limited to: maintenance of project records;submittal of requests for reimbursement and corresponding backup documentation, progress reports and recipient closeout report(including photos);compliance with applicable procurement,contracting,and interlocal agreement requirements;application for,receipt of,and compliance with all required permits,licenses,easements,or property rights necessary for the project;and submittal of required performance items. B.The RECIPIENT must manage the project. Efforts will include: conducting,coordinating,and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees;the DEPARTMENT;all affected local,state,or federal jurisdictions;and any interested individuals or groups. The RECIPIENT must carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed project that meets agreement and Ecology administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement,quarterly progress reports and recipient closeout report. * Properly maintained project documentation Recipient Task Coordinator: Dan Smith Project Administration/Management Deliverables Number Description Due Date 1.1 Progress Reports 1.2 Recipient Closeout Report • 1.3 Project Outcome Summary Report • WQALG-20I 6-FedWay-00003 • Agreement No: WQALG-2016-FedWay-00003 Page 8 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way SCOPE OF WORK Task Number: 2 Task Cost: $54,600.00 Task Title: Water Quality Monitoring Study Task Description: A. The RECIPIENT will develop a QAPP for the Phosphorus and Bacterial source tracking,IDDE nutrient identification and flow monitoring for ECOLOGY's review and approval prior to data collection. B.The RECIPIENT will collect ambient water quality samples from approximately six locations within Joe's Creek upstream of Lake Lorene,and at a representative number of stormwater outfalls. C.The RECIPIENT will measure nutrients(total phosphorus,soluble reactive phosphorus and nitrogen)concentrations flowing through the watershed and into the Twin Lakes monthly over a one-year period and after 2-3 rain events.An analysis will be performed on the data in an attempt to quantify and possibly identify specific external surface water and stormwater sources of nutrients originating from upper Joe's Creek watershed. D. The RECIPIENT will analyze grab samples for fecal coliform(FC). Fecal coliform data will be analyzed to determine the geometric mean value(GMV)and the 90th percentile bacteria concentrations to assess compliance with state standards. E.The RECIPIENT will collect samples from approximately six locations within Joe's Creek and at a representative number of stormwater outfalls. Monitoring will be performed monthly from October 2015 through September 2016 (and during storm events when practical). F.The RECIPIENT will provide a phased approach that includes Microbial Water Quality Assessment (MWQA), Contaminant Source Surveys(CSS)and IDDE water quality monitoring. G. The RECIPIENT will collect additional pimary and secondary IDDE parameters of interest to further isolate potential sources of pollution, including surfactants,total chlorine,ammonia,color,odor,pH and potassium. H. The RECIPIENT will collect hydrologic measurements for the Upper Joe's Creek watershed and Lake Lorene to develop a water budget for the lake. I.The RECIPIENT will collect flow measurements from Joe's Creek,and lake level and precipitation measurements for Lake Lorene. Measurement locations will have data loggers recording at continuous intervals and data will be collected at prescribed intervals for one full water year. J.The RECIPIENT will collect the remaining parameters for a water budget,which will include: evaporation, groundwater and surface runoff,and will be estimated from regional data or modeling efforts to balance the budget. �' g g g K.The RECIPIENT will produce a Final Report providing ECOLOGY with the data collected and analysis of said data. Task Goal Statement: The RECIPIENT will implement a nutrient source tracing effort for the Upper Joe's Creek watershed to identify and quantify sources of nutrients with the purpose of eliminating and/or controlling those sources if possible. The data will be analyzed and used to document the seasonal timing and the amount of nutrients coming from external watershed WQALG-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 9 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way sources. The bacteria source tracing effort for the watershed will help identify and quantify sources of bacteria with the purpose of eliminating those sources through municipal and/or county code compliance efforts,or control through watershed public education. The RECIPIENT will implement an IDDE program focused within the watershed to identify and quantify prohibited sources of nutrient pollution and develop an understanding of surface water and stormwater movement into and out of Lake Lorene. Task Expected Outcome: Assimilated data will be used to provide public education detailing best management practices for controlling urban sources of nutrients to targeted populations;they may also be used to calculate external surface water and stormwater nutrient loadings that may be used for future phosphorus budget analysis and/or algae control plans resulting in a long-term reduction in phosphorus in the watershed through the elimination of identifiable sources. Recipient Task Coordinator: Dan Smith Water Quality Monitoring Study Deliverables Number Description Due Date 2.1 Submit for ECOLOGY's review and approval,Quality Assurance Project Plan(QAPP)covering all Task and data to be collected. 2.2 Monitor nutrients(total phosphorus,soluble reactive phosphorus and nitrogen)monthly for one complete water year. 2.3 Monitor fecal coliform bacteria monthly for one complete water year. 2.4 Develop and implement an IDDE program when necessary in the upper Joe's Creek watershed incorporating a Microbial Water Quality Assessment(MWQA)and Contaminant Source Surveys(CSS)to prioritize sites for follow up actions. 2.5 Monitor water budget components(lake level,inflow,outflow, precipitation)for one year. 2.6 Perform an analysis of all data. Develop and submit final report to ECOLOGY for approval. W QA LG-2016-Fed Way-00003 • Agreement No: WQALG-20l6-FedWay-00003 Page 10 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way SCOPE OF WORK Task Number: 3 Task Cost: $9,460.00 Task Title: Public Education Task Description: A.The RECIPIENT will provide initial outreach to 1200 residents with a"Watershed-Letter"providing public education to reduce human influenced non-point sources of nutrients in the Twin Lakes watershed. B.The RECIPIENT will analyze project data to prioritize and select BMP's and targeted audiences to address public education. C. The.RECIPIENT will provide three meetings/workshops for watershed residents. D. The RECIPIENT will develop and distribute one Public Brochure indicating BMP's for the Twin Lake's watershed. E.The RECIPIENT will provide an End of Project outreach newsletter and project report. Task Goal Statement: The goal of the public education program for the Upper Joe's Creek Watershed is to provide Best Management Practices and corrective actions for reducing human influenced sources of nutrients and to create educational products and services that support behavior change. Task Expected Outcome: The public education materials and services will be designed to reduce non-point source pollution in the targeted watershed and will have a long term sustainable effect. Recipient Task Coordinator: Hollie Shilley WQALG-20 I 6-FedWay-00003 Agreement No WQALG-20 I 6-FedWay-00003 Page I I of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way Public Education Deliverables Number Description Due Date 3.1 Provide Ecology with report summarizing project research. Research will include analyzing land use data,maps,and project data to identify human related sources of nutrients and pathways into the watershed,identifying priority behaviors and corrective actions to target for behavior change. 3.2 Develop three community focus groups to represent the three audiences targeted for public education. 3.3 Create a toolbox of educational materials and services which may include. posters,flyers,brochures,workshops, incentives,newsletters,door hangers,curb markers,presentations,displays,community events, trainings,and/or new products and innovations. 3.4 Provide documentation of broad program implementation. 3.5 Provide a summary of lessons learned,and recommendations for further improvement. • W Q A LG-2016-Fed Way-00003 • Agreement No: WQALG-2016-FedWay-00003 Page 12 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way BUDGET Funding Distribution EG150129 Funding Title: Upper Joe's Creek Watershed Nutrient Reduction Funding Type: grant Funding Expiration Date: 06/30/2017 . Funding Effective Date: 07/01/2015 Funding Source: Title: Freshwater Algae Control Program Type: State CFDA: Assistance Agreement: Description: $1 license fee on boats Recipient Match%: 25 InKind Interlocal Allowed: Yes InKind Other Allowed: Yes Is this Funding Distribution used to match a federal grant? No Upper Joe's Creek Watershed Nutrient Reduction Task Total Project Administration/Management $ 2,500.00 Water Quality Monitoring Study $ 54,600.00 Public Education $ 9,460.00 Total: $ 66,560.00 • • WQALG-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 13 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name. City of Federal Way Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Upper Joe's Creek Watershed 25.00 % $ 16,640.00 $ 49,920.00 $ 66,560.00 Nutrient Reduction Total $ 16,640.00 $ 49,920.00 $ 66.560.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSION,DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred, proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended, ineligible, lower tier covered transaction,participant, person,primary covered transaction,principal, proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR 1 80.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies, including suspension and debarment. W QA LG-20I6-FedWay-00003 Agreement No: WQALG-20l6-FedWay-00003 Page 14 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And Transparency Act(FFATA)Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. • Receives more than$25,000 in federal funds under this award;and Receives more than 80 percent of its annual gross revenues from federal funds;and • Receives more than$25,000,000 in annual federal funds • ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements, including the required DUNS number,at www.fsrs.gov <http://www.fsrs.gov>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov>. For more details on FFATA requirements,see www.fsrs.gov <http://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to WQALG-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 15 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at(360)586-3064, in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05,Archaeology and Cultural Resources,for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53,Archaeological Sites and Resources, for any work performed under this Agreement,as applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. than once per month unless agreed b d) RECIPIENT shall not invoice more tha nce pe ree on by ECOLOGY.g e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services'Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website,http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email payeehelpdesk@des.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if, at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30)days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws,orders,regulations,and permits related to this ,A reement including but not limited to: Agreement, g a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. W Q A LG-2016-F ed Way-00003 Agreement No: WQALG-2016-FedWay-00003 Page 16 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval, or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect, nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work,or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty (30)days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duty authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. W QAL.G-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 17 of 22 Project Title. Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully loaded into EIM,see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables,raw data collection files,map products,and all metadata and project documentation. c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication No.04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size,cost,and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and WQALG-20 16-FedWay-00003 Agreement No: WQALG-20l6-FedWay-00003 Page 18 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way women-owned(WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations;(b) Scope of Work; (c)Special Terms and Conditions;(d)Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans";and(e)the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) Provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets, videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets,such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages,blogs,and Twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT must provide a complete description including photographs,drawings,or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. • RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January I through March 31,April 1 through June 30,July 1 through September 30,and October I through December 3 1. Reports shall be submitted within thirty (30)days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30)days of the expiration date of the project, unless an W QA LG-2016-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 19 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name. City of Federal Way extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports, maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the agreement expiration date,the RECIPIENT shall not at any time convert any equipment,property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 21. RECORDS,AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington,for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. WQALG-20I 6-FedWay-00003 Agreement No: WQALG-20l6-FedWay-00003 Page 20 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. g ( )Y g�' P RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times, in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement: 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. • RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability ty to repay monies be r educed by a n amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing,hosting low W QA LG-20 I 6-FedWay-00003 Agreement No WQALG-2016-FedWay-00003 Page 21 of 22 Project Title: tipper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging, office products that are refillable,rechargeable,and recyclable,and 100%post consumer recycled paper. For more suggestions visit ECOLOGY's web pages: Green Purchasing,http://www.ecy.wa.gov/programs/swfa/epp and Sustainability,www.ecy.wa.gov/sustainability. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4) months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement, ECOLOGY,at its sole discretion,may elect to terminate the agreement, in whole or part,or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. WQALG-20 16-FedWay-00003 Agreement No: WQALG-2016-FedWay-00003 Page 22 of 22 Project Title: Upper Joe's Creek Watershed Nutrient Reduction Recipient Name: City of Federal Way c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. • W QA LG-20 I 6-Fed Wa -00003 COUNCIL MEETING DATE: July 21, 2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2015 Manhole/Catchbasin Rebuild Project—100% Design Status Report and Authorization to Request Quotes POLICY QUESTION: Should the City Council authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council for contract award? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Fei Tang, SWM Project Engineer .r r DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council to award the project to the lowest responsive, responsible proposer. 2. Do not authorize staff to request quotes for the project and provide direction to staff. MAYOR RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: Volos DIRECTORAPPROVA n CHIEF OF STAFF: ., / IY, N Commi Counc' COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 21, 2015 City Council consent agenda for app��r/v.l. Aso ri1►11,'�; •sA / -yam 4,• . .V 1.4."C0174 els 1, -air Kell f aloney, Member dadia Assefa l.wson, Member • PROPOSED COUNCIL MOTION: "I move to authorize staff to request quotes for the 2015 Manhole/Catchbasin Rebuild Project and return to the LUTC and Council to award the project to the lowest responsive, responsible proposer. " (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# K:\COUNCIL\AGDBILLS\2015\07-21-15 2015 MHCB Rebuild Auth to Bid.docx CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and.Transportation Committee VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Director Fei Tang, P.E., SWM Project Engineer SUBJECT: 2015 Manhole/Catchbasin Rebuild Project— 100% Design Status Report and Authorization to Request Quotes BACKGROUND: This project will repair/rebuild(17)existing deteriorated stormwater manholes and catchbasins in the city's right of way. Since the engineer's estimated cost of this project is less than $150,000, quotations will be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing this kind of work. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 100%complete, which includes the following completed tasks: • Identify and map manholes and catchbasins • Prepare contract specifications and design details • Prepare Request for Quote and Small Public Works Contract Ongoing Tasks Include: • Obtain quotes and evaluate. PROJECT ESTIMATED EXPENDITURES: 2015 Construction Cost $38,664 10%Construction Contingency $3,866 TOTAL PROJECT COSTS $42,530 AVAILABLE FUNDING: $45,000 cc: Project File Day File K:\LUTC\2015\07-06-15 2015 CBMH Rebuild-100%and Authorization to Bid.docx COUNCIL MEETING DATE: July 21,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to enter into an Interlocal Agreement for Water Resource Inventory 9(WRIA 9) POLICY QUESTION: 1. Should the City of Federal Way enter into an Interlocal Agreement for Water Resource Inventory 9(WRIA 9)thereby becoming a participant in the protection and restoration of the Green/Duwamish River and Central Puget Sound Watershed? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, Surface Water Manager DEPT:Public Works Attachments: 1.Land Use and Transportation Memo 2.Interlocal Agreement for Water Resource Inventory 9(WRIA 9) Options Considered: 1. Authorize the Mayor to enter into an Interlocal Agreement with Water Resource Inventory 9(WRIA 9). 2. Do not enter in the Interlocal Agreement for Water Resource Inventory 9 (WRIA 9) and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding option 1 to the July 2015 City Council Consent Agenda for approval. MAYOR APPROVAL: D i• CTOR APPROVAL: / C..miry C c/il� -`• CHIEF OF STAFF: Wh 1/ .?95 ,Q� C. ','fie Council / COMMITTEE RECOMMENDATION:I move to forward Option 1 to the July 21, 2015 consent agenda for approval. A 0 er, / Bob Celski,Chair Kell $alone ,Member 4 L,,MIZM son,Member PROPOSED COUNCIL MOTION: "I move approval of Authorization to enter into the Interloci Agreement for Water Resource Inventory 9(WRIA 9)" (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—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: June 24,2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor 400,A7p. Marwan Salloum, Public Works Director FROM: Theresa Thurlow, Surface Water Manager SUBJECT: Interlocal Agreement.for Water Resource Inventory Area 9(WRIA 9) BACKGROUND: As a jurisdiction within a portion of the Green River Watershed,the City of Federal Way has been an active member of the Water Resource Inventory 9 (WRIA 9)management committee for salmon conservation based planning efforts in the Green/Duwamish River and Central Puget Sound watershed basin since its inception in 2001. In 2006 the Salmon Habitat Plan developed under the 2001 —2005 WRIA 9 Interlocal Agreement(ILA)was ratified and the City of Federal Way entered into a new ILA which extended membership through 2015. During the 2006-2015 WRIA 9 ILA, local governments,tribes,business and environmental interests,as well as state and federal agencies worked collectively for the recovery of the Green River Chinook salmon population through habitat restoration projects and conservation property acquisition. Continued cooperative efforts within the watershed basin under WRIA 9 are necessary for implementation and adaptive management for sustained improvement in local water quality,flood hazard reduction,water quantity and habitat enhancement. The proposed WRIA 9 ILA would require the City of Federal Way to commit to an initial term of ten(10) years and provide a cost share based on population, assessed value,and area percentage of each jurisdiction within WRIA 9. Initial cost share for the City of Federal Way is$23,925 for 2016 and will be recalculated every three years starting with 2017. As a participant,City of Federal Way will be required to provide one(1)elected official and one(1)alternative representative to serve on the WRIA 9 Watershed Ecosystem Forum. cc: Project File Day File INTERLOCAL AGREEMENT For the Green River, Duwamish River, and Central Puget Sound Watersheds within the geographic planning area of Water Resource Inventory Area 9(which includes portions of Water Resource Inventory Areas 8, 10, and 15) PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this Agreement that are located in King County or Pierce County, lying wholly or partially within or having a major interest in the Green River, Duwamish River, and Central Puget Sound Watersheds and within the planning and management area of Watershed Resource Inventory Area 9, which includes portions of WRIA 8, 10, and 15, ("WRIA 9") all political subdivisions of the State of Washington (individually, for those signing this agreement, "Party", and collectively"Parties"); WHEREAS, the planning and management area of WRIA 9 includes all of the area recognized by the State of Washington as WRIA 9 and portions of WRIA 8, 10, and 15; WHEREAS, the Parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains of the Green River, Duwamish River, and Central Puget Sound Watersheds and wish to collectively provide for planning, funding and implementation of various activities and projects therein; and WHEREAS, the Parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop "Making Our Watershed Fit for a King" as approved in 2005 and since amended ("Salmon Habitat Plan"), contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans; and WHEREAS,the Parties took formal action in 2005 and 2006 to ratify the Salmon Habitat Plan, and WHEREAS, the Parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 in implementing the Salmon Habitat Plan; and WHEREAS, the Parties have demonstrated in the Salmon Habitat Plan that watershed ecosystem services are worth billions of dollars of value to local people in terms of stormwater management, pollution treatment, recreational value, and other expensive and difficult to replace services; and WHEREAS, the Parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the Endangered Species Act("ESA"); and WHEREAS, the Parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore habitat; and ILA WRIA9_2016-2025_05-14-2015.docx Page 1 WHEREAS, the Parties wish to monitor and evaluate implementation of the Salmon Habitat Plan through adaptive management; and WHEREAS, the Parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound Salmon Recovery Council because of the contributions of the Green River, Duwamish River, and Central Puget Sound Watersheds to the overall health of Puget Sound; and WHEREAS,the Parties have a strong interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS,the Parties have a strong interest to implement the Puget Sound Partnership Action Agenda to restore the Puget Sound to health and sustain that health by 2020; and WHEREAS, the Parties have a strong interest in participating on the Puget Sound • Salmon Recovery Council and other entities associated with Puget Sound salmon recovery and Puget Sound South Central Action Area Caucus Group to collectively seek funding to implement the Salmon Habitat Plan; and WHEREAS, the Parties have a strong interest to achieve multiple benefits by integrating salmon recovery planning and actions; and WHEREAS, the Parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently;and WHEREAS, individual Parties are taking separate and independent actions to improve the health of the Green River, Duwamish River, and the Central Puget Sound Watersheds and the overall health of Puget Sound; NOW,THEREFORE,the Parties hereto do mutually covenant and agree as follows: MUTUAL CONVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 ELIGIBLE COUNTY AND CITY GOVERNMENTS: The local governments eligible for participation in this Agreement as parties are King County, and the Cities of Algona, Auburn, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, Seattle, Tacoma, Tukwila, and any newly incorporated city that lies fully or partially within the boundaries of WRIA 9. 1.2 WRIA 9 ILA PARTIES: The Parties to the WRIA 9 Interlocal Agreement are the Parties who sign this Agreement and are the Parties responsible for implementing this ILA WRIA9_2016-2025_05-14-2015.docx Page 2 Agreement. The Parties to this ILA shall each designate a representative and alternate representative to the WRIA 9 Watershed Ecosystem Forum. 1.3 WRIA 9 WATERSHED ECOSYSTEM FORUM: The WRIA 9 Watershed Ecosystem Forum referred to herein is the cooperative body comprised of the designated representatives of the WRIA 9 ILA Parties and a balance of Stakeholder representatives and any other persons who are deemed by the Parties to this Agreement to be appropriate members for the implementation of the Salmon Habitat Plan. The WRIA 9 Watershed Ecosystem Forum shall be an advisory body responsible for making recommendations for implementing the Salmon Habitat Plan including substantive plan amendments recommended as a result of adaptive management or other changed conditions. 1.4 GREEN/DUWAMISH AND CENTRAL PUGET SOUND WATERSHED WATER • RESOURCE INVENTORY AREA 9 SALMON HABITAT PLAN: The Green/Duwamish and Central Puget Sound Watershed Water Resource Inventory Area 9 Salmon Habitat Plan (2005 Salmon Habitat Plan or Salmon Habitat Plan) is the plan developed by the WRIA 9 Watershed Ecosystem Forum and ratified by all of the parties to an interlocal agreement for its development and implementation. The Salmon Habitat Plan recommends actions that should be taken to protect and restore salmon habitat, using an ecosystem approach, in the Green/Duwamish and Central Puget Sound Watersheds. The Salmon Habitat Plan may be amended from time to time according to the procedure in Section 6 herein and approved amendments shall be considered integral parts of the Salmon Habitat Plan. Efforts under the Salmon Habitat Plan are intended to complement habitat improvements in other parts of Puget Sound and hatchery and harvest actions to recover Puget Sound Chinook salmon, steelhead, and bull trout, and when implemented achieve multiple ecosystem benefits. The Salmon Habitat Plan constitutes a chapter of the Puget Sound Salmon Recovery Plan. 1.5 MANAGEMENT COMMITTEE: The Management Committee as referred to herein consists of seven (7) elected officials or their designees. The seven officials of the Management Committee are chosen by the WRIA 9 ILA Parties, according to the voting procedures in Section 5 herein, charged with certain oversight and administrative duties on the WRIA 9 ILA Parties'behalf. 1.6 SERVICE PROVIDER: The Service Provider, as used herein, means that agency, government, consultant, or other entity which supplies staffing or other resources to and for the WRIA 9 ILA Parties; in exchange for payment. The Service Provider may be a Party to this Agreement. 1.7 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 9 ILA Parties as it may require, in accordance with the requirements of Chapter 39.34 RCW. ILA_WRIA9_2016-202505-14-2015.docx Page 3 1.8 STAKEHOLDERS: Stakeholders refers to those public and private entities within WRIA 9 who reflect the diverse interests integral to implementing the Salmon Habitat Plan, and may include but is not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism to protect and restore the ecological health of the Green/Duwamish Rivers and Central Puget Sound Watersheds. 2.2 To provide a mechanism, through an annually agreed upon work plan, for implementing and coordinating local efforts to address issues with watershed-wide or basin implications, including but not limited to flood hazard reduction, floodplain management, surface and groundwater quality, water quantity, and habitat. 2.3 To provide information for WRIA 9 ILA Parties to inform land use planning, regulations, environmental programs, education, and enforcement of applicable codes. 2.4 To provide a mechanism and governance and funding structures for jointly implementing the Salmon Habitat Plan. 2.5 To develop and take ac i ns on key issues during th e implementation of the Salmon Habitat Plan. 2.6 To provide a mechanism for cooperative review and implementation of recommended policies and regulations needed for response to listings under the Endangered Species Act. 2.7 To provide a venue for the ongoing participation of citizens and other stakeholders in salmon recovery and other watershed efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed and Endangered Species Act listed species response efforts by local governments and in accordance with the Salmon Habitat Plan. 2.8 To provide a mechanism for securing technical assistance and any available funding from federal, state, and other sources to implement the Salmon Habitat Plan. 2.9 To provide a mechanism for implementing other multiple benefit habitat, surface and groundwater quality, water quantity, floodplain management, and flood hazard reduction projects with other local, regional, tribal, state, federal and non-profit funds as may be contributed to or secured by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. 2.10 To annually recommend WRIA 9 administrative support, projects, and programs for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.11 To annually recommend projects for implementation of planning, engineering, permitting and construction tasks for the Green/Duwamish Ecosystem Restoration Project in partnership with the U.S.Army Corps of Engineers. ILA_WRIA9_2016-2025_05-14-2015.docx Page 4 2.12 To provide a framework for cooperating and coordinating among the Parties on issues relating to WRIA 9 to meet the requirement of a commitment by any Party to participate in WRIA 9 planning and implementation, to prepare or implement a basin plan, or to respond to any state or federal law which may require these actions as a condition of any funding, permitting or other program of state or federal agencies. Participation is at the discretion of such Party to this Agreement. 2.13 To provide a mechanism to approve and support, through resources and funding from grant sources or other means, implementation of restoration and protection projects and programs. 2.14 To provide a mechanism for on-going monitoring and adaptive management of the Salmon Habitat Plan as defined in the Plan and agreed to by the WRIA 9 ILA Parties and Watershed Ecosystem Forum. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any jurisdiction, governmental entity or water quality policy bodies including the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent(70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect for an initial term of ten (10) years; provided, however, that this Agreement may be extended for such additional terms as the Parties may agree to in writing with such extension being effective upon its execution by at least five (5) of the eligible local governments within WRIA 9 representing at least seventy percent (70%) of the affected population within the geographic area of WRIA 9, as authorized by the legislative body of each local government, and further provided that after such signatures this Agreement has been filed by King County in accordance with the terms of RCW 39.34.040 and .200. Such extension shall bind only those Parties executing the extension. 4. ORGANIZATION AND MEMBERSHIP. The Parties to this Agreement serve as the formal governance structure for carrying out the purposes of this Agreement. 4.1 Each Party to this Agreement except Tacoma shall appoint one (1) elected official to serve as its primary representative, and one (1) alternate representative to serve on the WRIA 9 Watershed Ecosystem Forum. The alternate representative may be a different elected official or senior staff person. Tacoma's representative shall be the Tacoma .Water Superintendent or designee, which designee shall be a senior staff position. 4.2 Upon the effective execution of this Agreement and the appointment of representatives to the WRIA 9 Watershed Ecosystem Forum, the appointed representatives of the WRIA 9 ILA Parties shall meet and choose from among its members, according to the ILA_WRIA9_2016-2025_05-14-2015.docx Page 5 provisions of Section 5 herein, seven (`7) officials or their designees, to serve as a Management Committee too oversee and direct the scope of work, funds, and personnel o ve 9 pe p agreed to and contributed under this Agreement, in accordance with the adopted annual budget and work program and such other directions as may be provided by the WRIA 9 ILA Parties. Representatives of the Fiscal Agent and Service Provider may serve as non-voting ex officio members of the Management Committee. The Management Committee shall act as the executive subcommittee of the WRIA 9 ILA Parties, responsible for oversight and evaluation of any Service Providers or consultants, administration of the budget and work plan, and for providing recommendations on administrative matters to the WRIA 9 ILA Parties for action, consistent with other subsections of this section. The appointed representatives of the WRIA 9 ILA Parties shall consider new appointments or reappointments to the Management Committee every two years following its initial appointments. 4.3 The services cost-shared under this agreement shall be provided to the WRIA 9 ILA Parties and the Watershed Ecosystem Forum by the Service Provider, which shall be King County Department of Natural Resources and Parks, unless selected otherwise by the WRIA 9 ILA Parties. The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee., and this Memorandum of Understanding shall set out the expectations for services so provided. Services should include, without limitation, identification of and job descriptions for dedicated staff, description of any supervisory role retained by the Service Provider over any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.3.1 A subset of the Parties to this Agreement may purchase and cost share services from the Service Provider in addition to the annual cost-shared services agreed to by all Parties pursuant to Section 4.3 herein. 4.3.2 The Management Committee shall prepare a Memorandum of Understanding to be signed by a representative of the Service Provider, and the Chair of the WRIA 9 Management Committee, which shall set out the expectations for the additional services to be provided to the subset of the Parties to this Agreement. 4.4 The WRIA 9 ILA Parties by September 1 of each year shall establish and approve an annual budget that provides for the level of funding and total resource obligations of the Parties for the following calendar year. Such obligations are to be allocated on a proportional basis based on the average of the population, assessed valuation and area attributable to each Party to this Agreement, in accordance with the formula set forth in Exhibit A, which formula and accompanying data shall be updated every third year by the ILA_WRIA9_2016-2025_05-14-2015.docx Page 6 WRIA 9 Management Committee. Individual Party cost shares may change more frequently than every three years for Parties involved in an annexation that changes the area, population, and assessed value calculation of such Party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. Tacoma's cost share will be determined on an annual basis by the Management Committee, and will be included in the annual updates to Exhibit A. The weight accorded Tacoma's vote for weighted voting pursuant to Section 5 herein shall correspond to Tacoma's cost share for each year relative to the cost shares contributed by the other Parties. 4.4.1 The level of funding, total resource obligations, and allocation of obligations for those members of the Parties that agree to cost share additional services pursuant to Subsection 4.3.1 herein shall be negotiated and determined by those Parties purchasing the additional services. 4.5 The WRIA 9 ILA Parties shall incorporate the negotiated additional cost share and incorporate the services in the annual budget and work plan. The WRIA 9 ILA Parties shall oversee and administer the expenditure of budgeted funds and shall allocate the utilization of resources contributed by each Party or obtained from other sources in accordance with the approved annual work program. 4.6 The WRIA 9 ILA Parties shall review and evaluate the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider to this Agreement, and shall provide for whatever actions are necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. The performance of the Service Provider shall be assessed every year. 4.7 The Parties to the WRIA 9 Interlocal Agreement may contract with similar watershed forum governing bodies such as the Puget Sound Partnership or any other entities for any lawful purpose related to the purposes provided for in this Agreement. The Parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purpose consistent with the purposes provided for herein. 4.8 The WRIA 9 ILA Parties shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The WRIA 9 ILA Parties shall make decisions, approve scopes of work, budgets, priorities, and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 Decisions shall be made using a consensus model as much as possible. Each Party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Parties. If unanimous ILA_WRIA9_2016-2025_05-14-2015.docx Page 7 agreement of members cannot be reached then the Parties to this agreement may reach consensus by a majority recommendation with a minority report. Any Party who does not accept a majority decision may request weighted voting as set forth below. 5.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Parties to the WRIA 9 Interlocal Agreement, the WRIA 9 ILA Parties shall take action on a dual-majority basis, as follows: 5.2.1 Each Party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 9 action. 5.2.2 The weighted vote of each Party in relation to the weighted votes of each of the other Parties shall be determined by the percentage of the annual contribution made by each Party as set in accordance with Section 4.4 herein in the year in which the vote is taken. 5.2.3 For any action subject to weighted voting to be deemed approved, valid and binding, an affirmative vote must be cast by both a majority of the Parties to this Agreement and by a majority of the weighted votes of the Parties to this Agreement. 6. IMPLEMENTATION and ADAPTIVE MANAGEMENT OF THE SALMON HABITAT PLAN. The Salmon Habitat Plan shall be implemented consistent with the following: 6.1 The WRIA 9 Watershed Ecosystem Forum shall provide information to the WRIA 9 ILA Parties regarding progress in achieving the goals and objectives of the Salmon Habitat Plan. Recommendations of the WRIA 9 Watershed Ecosystem Forum are to be consistent with the purposes of this Agreement. The WRIA 9 ILA Parties may authorize additional advisory bodies to the WRIA 9 Watershed Ecosystem Forum such as a technical committee and adaptive management work group. The Watershed Ecosystem Forum shall develop and approve operating and voting procedures for its deliberations, but such procedures do not affect the voting provisions contained in this Agreement for the WRIA 9 ILA Parties. 6.2 The WRIA 9 ILA Parties shall act to approve or remand any substantive changes to the Salmon Habitat Plan based upon recommendations by the WRIA 9 Watershed Ecosystem Forum within ninety (90)days of receipt of the proposed changes, according to the voting procedures of Section 5 herein. In the event that the Salmon Habitat Plan changes are not so approved, the recommended changes shall be returned to the WRIA 9 Watershed Ecosystem Forum for further consideration and amendment and thereafter returned to the WRIA 9 ILA Parties for decision. 6.3 The WRIA 9 ILA Parties shall determine when ratification is needed of substantive changes to the Salmon Habitat Plan. The changes shall be referred to the Parties for ratification prior to the submission to any regional, state, or federal agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ILA_WRIA9_2016-2025_05-14-2015.docx Page 8 ordinance of the local government's legislative body, by at least five Parties representing at least seventy percent(70%) of the total population within the geographic planning and management area of WRIA 9. 6.4 Upon remand for consideration of any portion or all of the changes to the Salmon Habitat Plan by any regional, state or federal agency, the WRIA 9 ILA Parties shall undertake a review for consideration of the remanded changes to the plan. The WRIA 9 ILA Parties may include further referral to the WRIA 9 Watershed Ecosystem Forum for recommendation or amendments thereto. • 6.5 The Parties agree that any changes to the Salmon Habitat Plan shall not be forwarded separately by any Party to any regional, state or federal agency unless the changes have been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each Party shall be responsible for meeting only its individual obligations hereunder as established in the annual budget adopted by the WRIA 9 ILA Parties under this Agreement, including all such obligations related to the WRIA 9 ILA Parties and WRIA 9 Watershed Ecosystem Forum funding, technical support and participation in related planning and implementation of projects, and activities as set forth herein. It is anticipated that separate actions by the legislative bodies of the Parties will be necessary from time to time in order to carry out these obligations. 7.2 The maximum funding responsibilities imposed upon the parties during each year of this Agreement shall not exceed the amounts that are established annually pursuant to Section 4.4 herein. 7.3 No later than September 1 of each year of this Agreement, the WRIA 9 ILA Parties shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other (e.g., staffing) responsibilities of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized planning and implementation activities within WRIA 9. The Parties shall thereafter take whatever separate legislative or other actions as may be necessary to address such individual responsibilities under the proposed budget, and shall have done so no later than December 1 of each year. Parties may elect to secure grant funding to meet their individual obligations. 7.4 Funds collected from the Parties or other sources on behalf of the WRIA 9 ILA Parties shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 9 ILA Parties pursuant to rules and procedures established and agreed to by the WRIA 9 ILA Parties. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. ILA WRIA9_2016-2025.05-14-2015.docx Page 9 7.5 Any Party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government in King County lying wholly or partially within the management area of or with a major interest in WRIA 9 which has not become a Party to this Agreement within twelve (12) months of the effective date of this Agreement may become a Party by obtaining written consent of all the Parties to the Agreement. The provisions of Section 5 herein otherwise governing decisions of the WRIA 9 ILA Parties shall not apply to this section. The Parties of the Agreement and any governments seeking to become a Party shall jointly determine the terms and conditions under which a government may become a new Party. The terms and conditions shall include payment of an amount by the new Party to the WRIA 9 Fiscal Agent. The amount of payment is determined jointly by the existing WRIA 9 ILA Parties and the new Party. The payment of the new Party is to be a fair and proportionate share of all costs associated with activities undertaken by the WRIA 9 ILA Parties as of the date the government becomes a new Party. Any government that becomes a Party pursuant to this section shall thereby assume the general rights and responsibilities of all other Parties. 9. TERMINATION. 9.1 Termination can only occur on an annual basis, beginning on January 1 of each calendar year, and then only if the terminating Party, through action of its governing,body, provides at least sixty (60)days' prior written notice of its intent to terminate. The terminating Party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating Party up to the effective date of such termination. It is possible that the makeup of the Parties to this Agreement may change from time to time. Regardless of any such changes, the Parties choosing not to exercise the right of termination shall each remain obligated to only meet their respective share of the obligations of the WRIA 9 ILA Parties as reflected in the annual budget. The shares of any terminating Party shall not be the obligation of any of the Parties not choosing to exercise the right of termination. 9.2 This Agreement may be terminated in its entirety at any time by the written agreement of all of the Parties. In the event this Agreement is terminated all unexpended funds shall be refunded to the Parties pro rata based on each Party's cost share percentage of the total budgeted funds and any real or personal property acquired to carry out the purposes of this Agreement shall be returned to the contributing Party if such Party can be identified, and if the Party cannot be identified, the property shall be disposed of and the proceeds distributed pro rata as described above for unexpended funds. 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law as to city and county governments, and federal law as governing to tribes, and for the limited purposes set forth in this Agreement, each Party shall protect, defend, hold harmless and indemnify the other ILA_WRIA9_2016-2025_05-14-2015.docx Page 10 Parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Party's own negligent acts or omissions related to such Party's participation and obligations under this Agreement. Each Party to this Agreement agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. In the event that either Party incurs any judgment, award, and/or cost arising therefrom, including attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party to the extent of that Party's culpability. The provisions of this Section shall survive and continue to be applicable to Parties exercising the right of termination pursuant to Section 9 herein. 11. NO ASSUMPTION OF LIABILITY. In no event do the Parties to this Agreement intend to assume any responsibility, risk or liability of any other Party to this Agreement or otherwise with regard to any Party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute, regulation or ordinance of any local municipality or government, the State of Washington, or the United States. 12. VOLUNTARY AGREEMENT.This Agreement is voluntary and is acknowledged and agreed that no Party is committing to adopt or implement any actions or recommendations that may be contained in the Salmon Habitat Plan. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Parties from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Party which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the National Oceanic and Atmospheric Administration -Fisheries, United States Fish and Wildlife Service, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 9 ILA Parties or any of the Parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Parties to this Agreement, and requires authorization and approval by each Party's governing body. 16. COUNTERPARTS. This Agreement may be executed in counterparts. ILA_WRIA9_2016-2025_05-14-2015.docx Page 11 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each Party must approve this Agreement before any representative of such Party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ENTIRE AGREEMENT. This Agreement contains the entire Agreement among the Parties, and supersedes all prior negotiations, representations, and agreements, oral or otherwise, regarding the specific terms of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF ALGONA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025__05-14-2015.docx Page 12 Approved as to form: CITY OF AUBURN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025.05-14-2015.docx Page 13 Approved as to form: CITY OF BLACK DIAMOND: By: By: Title: Title: Date: Date: ILA_WRIA9__2016-2025__05-14-2015.docx Page 14 Approved as to form: CITY OF BURIEN: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025__05-14-2015.docx Page 15 Approved as to form: CITY OF COVINGTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-201.5.docx Page 16 Approved as to form: CITY OF DES MOINES: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_.,05-14-2015.docx Page 17 Approved as to form: CITY OF ENUMCLAW: By: By: Title: Title: Date: Date: ILA WRIA9_2016-2025_05-14-2015.docx Page 18 • Approved as to form: CITY OF FEDERAL WAY: By: By: Title: Title: Date: Date: • ILA_WRIA9_2016-2025_05-14-2015.docx Page 19 Approved as to form: CITY OF KENT: By: By: • Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 20 Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025._,05-14-2015.docx Page 21 Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025__05-14-2015.docx Page 22 Approved as to form: CITY OF NORMANDY PARK: By: By: Title: Title: Date: Date: ILA_WRIA9__2016-2025__05-14-2015.docx Page 23 Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025.05-14-2015.docx Page 24 Approved as to form: CITY OF SEATAC: By: By: Title: Title: Date: Date: ILA_WRIA9___2016-2025.05-14-2015.docx Page 25 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025__0544-2015.docx Page 26 Approved as to form: CITY OF TACOMA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025_05-14-2015.docx Page 27 Approved as to form: CITY OF TUKWILA: By: By: Title: Title: Date: Date: ILA_WRIA9_2016-2025__05-14-2015.docx Page 28 Exhibit A WRIA Based Cost Share: WRIA 9 Regional Watershed Funding For 2016 Total: : Note: Beginning with the 2017 cost shares,jurisdictional area, population, and assessed value are to be recalculates significant annexation per the WRIA 9 interlocal agreement for 2016-2025. Watershed Ecosystem Forum Approved May 14, 2015 Assessed Cost-Shari Population Adjusted Value(AV) Adjusted (Average of WRIA 9 Jurisdiction (Pop)% Pop % Adjusted AV Area% Acres Area; 1 Algona* 0.23% 1,543 0.19% $197,378,600 0.16% 363.06 0.19% 2 Auburn* 6.06% 40,956 5.06% $5,318,451,800 5.67% 12,550.28 5.59% 3 Black Diamond 0.61% 4,120 0.57% $595,345,385 1.95% 4,308.20 1.04% 4 Burien 6.51% 44,006 5.10% $5,356,038,587 2.86% 6,340.17 4.82% 5 Covington 2.54% 17,190 1.86% $1,954,508,239 1.70% 3,773.03 2.04% 6 Des Moines 4.30% 29,090 2.66% $2,792,105,100 1.78% 3,951.55 2.91% 7 Enumclaw* 0.65% 4,366 0.55% $573,979,500 0.62% 1,380.31 0.61% 8 Federal Way* 9.01% 60,918 5.06% $5,316,134,126 3.63% 8,048.27 5.90% 9 Kent* 16.35% 110,605 12.06% $12,671,122,513 9.84% 21,781.73 12.75% 10 King County* 15.04% 101,701 10.66% $11,206,469,402 53.44% 118,333.97 26.38% 11 Maple Valley* 1.67% 11,299 1.77% $1,863,263,500 1.37% 3,034.15 1.60% 12 Normandy Park 0.95% 6,435 1.23% $1,289,320,500 0.72% 1,593.21 0.97% 13 Renton* 4.47% 30,221 4.09% $4,299,847,610 2.75% 6,096.59 3.77% 14 SeaTac 3.78% 25,530 2.78% $2,918,228,100 1.85% 4,092.51 2.80% 15 Seattle* 25.18% 170,297 42.49% $44,654,964,773 9.00% 19,919.60. 25.55% 16 Tukwila 2.66% 18,000 3.90% $4,096,959,014 2.65% 5,867.21 3.07% 100.0% 676,277 100.0% $105,104,116,749 100.0% 221,433.83 100.0% +Tacoma NOTES: Cost shares reflect 2009 annexations of North Highline to Burien and Kent NE to Kent. No annexations or incorporations have occ annexations. DATA SOURCES: •2007 Puget Sound Regional Council population estimates by census tract. •2009 King County Assessor's data. Assessed value of parcels owned by Port of Seattle Aviation Division is excluded from the analysis. •Adjusted Acres excludes the Upper Green River subwatershed from King County's area and excludes Port of Seattle Aviation Division pro from Burien,Des Moines,and SeaTac shares. *Cost share amount is an averaging of the population, assessed value, and area percentage of each jurisdiction within WRIA 1 (% population +%assessed value+ %area divided by 3=Cost Share) W R IA9-I LA-cost-sha res2016.xlsx COUNCIL MEETING DATE: July 21, 2015 ITEM ................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 1st Ave S at S328th St Intersection Improvements Project Bid Award POLICY QUESTION: Should the Council award the 1st Ave S at S328th St Intersection Improvements Project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Christine Mullen, P.E., eet Systems Project Engineer DEPT: Public Works eer..............................................._...................................................._......__........_......................_..............._....._.......... Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Award the 1st Ave S at S328th St Intersection Improvements Project to Miles Resources,LLC,the lowest responsive,responsible bidder, in the amount of$1,203,040.13 and approve a 10%contingency of $120,304.01, for a total of$1,323,344.14, and authorize the transfer of$555,000 from Traffic Impact Fee and unallocated CIP Fund to the 15t Ave S at S328th St Intersection Improvements Project(Project #148)and authorize the Mayor to execute the contract. 2. Reject all bids for the 1st Ave S at S328th St Intersection Improvements Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Ju '' 21, 2015 City Council Consent Agenda for appra MAYOR APPROVAL: [RECTOR APPROVAL 1r ,( *numb e ` ncil �o'mmittee CHIEF OF STAFF: U, *numb id,/v%m01411! •4 j '� Comi Council / COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. 4 1-- e#, o Celslci,ai��■ Kell i alone ,Member is Asse a j awson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 1s` Ave S at 28th St Intersection Improvements Project to Miles Resources, LLC, the lowest responsive, responsible bidder, in the amount of$1,203,040.13 and approve a 10% contingency of$120,304.01,for a total of$1,323,344.014, and authorize the transfer of$555,000 from Traffic Impact Fee and unallocated CIP Fund to the 1S` Ave S at S328th St Intersection Improvements Project (Project#148)and authorize the Mayor to execute the contract. " (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-08i 12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Farrell,Mayor FROM• Marwan Salloum,P.E.,Public Works Director Christine Mullen,P.E., Street Systems Project Engineer" SUBJECT: 1St Ave S at S328th St Intersection Improvements—Bid Award BACKGROUND: Five bids were received and opened on June 15, 2015 for the et Ave S at S328th St Intersection Improvements Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Miles Resources,LLC,with a total bid of$1,203,040.13. AVAILABLE FUNDING: The available budget for the 1st Ave S at S328th St Intersection Improvements Project is $1,073,400 and is comprised of the following: Mitigation Fee $33,000 Budgeted City Funds in 2013 $200,000 Traffic Impact Fee(2015) $500,000 Budgeted City Funds in 2015 $313,000 Puget Sound Energy(Schedule B) $27,400 TOTAL AVAILABLE BUDGET $1,073,400 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costs based on the low bid: Design $242,500 Construction Cost(Low bid) $1,203,040 10%Construction Contingency $120,304 Construction Management (In house) $65,000 TOTAL PROJECT COSTS $1,627,344 Project shortfall $554,944 The project budget has a funding shortfall of$554,944. Staff is requesting the Council to authorize the transfer of $555,000 from Traffic Impact Fee and unallocated CIP Fund to the 1st Ave S at S328th St Intersection Improvements Project(Project#148) and authorize the Mayor to execute the contract. k:\lutc\2015\07-06-15 1st ave sat s328th s intersection-bid award.doc O O UC) Cf) 60) >, O 0001 01 07 g a) m OOOao01 E 01 O0C0 :r N CA CO O 00 vw ��EflO m tL aD • Co z. UW c 0 0 0 0 0 o 0 0 0 O O Ti c 00ONNO • = - IBC) — OO h O 01 mr CO 01 -p O O Cfl O m o 6 d(N a (N EFT 0) a7 O r y- o• Z EFT EFT 6' 00000▪ OOC) 0) C) 00000 m NON 01 CD N 01 6 v- N ti N N m 3 Tr Efl 69 it v o Ff3 E�3 Z o COOOcccN :i 00004 co ? 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CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288TH STREET(Military Road to City Limit)PRESERVATION PROJECT BID AWARD POLICY QUESTION: Should the Council award the S 288th Street (Military Road to City Limit) Preservation Project to the lowest responsive,responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:JEFF HUYNH, Street Systems DEPT: Public Works Engineer............................................................._......................_..........................._.............._...................................._......................._..........................._..._.......... . Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Award the S 288th Street(Military Road to City Limit) Preservation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of$421,323.10 and approve a 10% contingency of 42,000.00, for a total of$463,323.1, and authorize the Mayor to execute the contract. 2. Reject all bids for the S 288th Street(Military Road to City Limit)Preservation Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Jul' 21, 2015 City Council Consent Agenda for approv 1. MAYOR APPROVAL: , 7/05— 2�, 7/0S DIRECTOR APPROVAL' � !_�� Committee Council •l.�et±IN� CHIEF OF STAFF: Co Council COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. tro o. C= ski, Kell a one ,Member t/ dia Asse Dawson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to away"the S 27:n Street ( rilitary Road to City Limit) Preservation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $421,323.10 and approve a 10% contingency of 42,000.00,for a total of$463,323.1, and authorize the Mayor to execute the contract. " (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# REV IS ED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor i�� FROM Marwan Salloum, Public Works Director 'e� Jeff Huynh, Street Systems Engineer SUBJECT: S 288th Street (Military Road to City Limit) Preservation Project— Bid Award BACKGROUND Four bids were received and opened on June 30, 2015 for the S 288th Street (Military Road to City Limit) Preservation Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of$421,323.10. PROJECT ESTIMATED EXPENDITURES: Design (In house Design) $100,000 Right-Of-Way Acquisition N/A Low Bid $421,323 10% Construction Contingency $42,000 Project Management (In house) $53,000 TOTAL PROJECT COSTS $616,323 PROJECT AVAILABLE FuNpIN : PSRC Grant Funding $500,000 City Funding $137,000 TOTAL AVAILABLE BUDGET $637,000 PROJECT FUNDING BALANCES $ 20,677 O cr O O O O O N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 tD 0 0 0 0 0 0 0 .- 0 0 0 0 0 0 0 O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 En 0 0 ED o M 0 0 0 0 O O En O O 0 In r N Cr O O Cr 0 0 0 0 0 0 0 4 O O O O O Cfl Cn 0 0 0 0 0 6 O N O En 0 O 0 0 0 0 0 CO N IC) O O M i- N N N O CD Cfl 0 0 0 0 0 0 C.D I- r CD CD O C- I- O O O O V EE-) O 0) r En CO O fd O CO O Cn 0 00 d' N 00 Cn O O O M Cfl O r- O V r- CO O O O CO M Cn r N CT 63 Cfl N CO En M C-- 4 0) r� N I� N Ep YO N r- ,t En O co N N u) co N CO CO Cfl V V' N CO N r V fA�? 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COMMITTEE: Land Use and Transportation Committee MEETING DATE:July 6,2015 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:JEFF HUYNH, Street Systems Engineer -'w DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 6, 2015. Options Considered: 1. Award the S 324th Street(Pacific Highway South to S 322nd Street)Preservation Project to Tucci and Sons,Inc.,the lowest responsive, responsible bidder, in the amount of$649,845.54 and approve a 10% contingency of 65,000.00, for a total of$714,845.54,and authorize the Mayor to execute the contract. 2. Reject all bids for the S 324th Street(Pacific Highway South to S 322nd Street)Preservation Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the Julyk 1, 2015 City Council Consent Agenda for approv . MAYOR APPROVAL: 7 , /!, `s//` DIRECTOR APPROVAL: ` L► �_ ommit e �Pouncil 5 �.;1 flee CHIEF OF STAFF: �,/,177 ' Comm' e Council COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the July 21, 2015 City Council consent agenda for approval. I \ trdp, /etL ob Celskl'air . Kell 1 one ,Member / f dia Asse .;Dawson,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to Award the S 324`1' treet(Paci 1 Highway South to S 322nd Street) Preservation Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of$649,845.54 and approve a 10%contingency of 65,000.00,for a total of$714,845.54, and authorize the Mayor to execute the contract. " (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-08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM• Marwan Salloum, Public Works Directo Jeff Huynh, Street Systems Engineer r SUBJECT: S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project— Bid Award BACKGROUND Three bids were received and opened on June 30, 2015 for the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc., with a total bid of $649,845.54. PROJECT ESTIMATED EXPENDITURES: Design (In house Design) $100,000 Right-Of-Way Acquisition N/A Low Bid $649,845 10% Construction Contingency $65,000 Project Management (In house) $55,000 TOTAL PROJECT COSTS $869,845 PROJECT AVAILABEFNDIN : PSRC Grant Funding $600,000 City Funding $271,000 TOTAL AVAILABLE BUDGET $871,000 PROJECT FUNDING BALANCES $ 1,155.00 O u) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 O O-O O O C O O C O O O O O O O-O_O O O O O O O O-O O O O O N O N O O O O O O O O O O O V O O 40 N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CO O M 0 0 0 0 0 V u) (6 0 0 (O N (6 0 O r O O O O (O 0 0 0 0 0 0 O 6 0 N O W 0 0 0 u) O u) 0 0 O O O O O 6 u) u) co Co O O0 0 0 0 O O 6 r N O O 6) N N (C) O M (O O co O M N 0 0 0 0 0 h N u) u) I- u) (O O U) N O I- 0 0 0 0 «) O O N O 6) O r- 0) O I- O I` O u) O N CO CO O O V 6) M V V V C) O - N N- u) 6 O u) O u) r- C) I- V N M EA M N M M u) 0 0 I- OD 6) O V CO (6 O u) m w N I� N r• O (- u) . M M u) u) M e9 M . I- M O c. 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(a) 2Oi- OLLO0uwi dorococuu)i ccccccccorUd = x = <C = Qw ? UPU0dd0C = QUUUUorccoccaaaadda F- I < m co u)) c� U o � I, t (j N- O) O O O O O O O O N N N N N N N co V V 4t V C' E6 u) 10 N 4 V N- r m C) M V V V V' O O O N N N NNN N I O O r- T- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N U r- r- NI r- r- v- r- s- v N N N CV N N N CV N V u) U) u) (6 N- I` r- OD CO c0 N W OD 00 c0 CO 03 W W W OD W CO 00 W 00 00 CO OD 00 W c0 a) a • O• - N M V u) co r- co 6) O N CO 4- u) O I` W 6) O N M V 16 M V- W 6) O c- N M V u) O R CO 6) O N M V 16 (O h CO 6)O N i N N N N N N N N N N M CO M M M CO CO M M M V V R V 4 V 7 V V C U) 16 u) W COUNCIL MEETING DATE: July 21, 2015 ITEM l: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION:•Acceptance of Grant Funding for Transportation Improvement Projects—Authorization to Accept Grant Funding POLICY QUESTION: Should City Council authorize staff to accept Federal Grant Funding for Transportation Improvement Projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 6,2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other DEPT: Public Works STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer y.4 Attachments: Land Use and Transportation Committee memorandums dated July 6,2015 Resolution to accept Federal Grant Funding Options Considered: I. Approve the attached resolution to accept Federal Grant Funding for the Sacajawea Middle School Safe Route to School Project. 2. Do not approve the attached resolution to accept Federal Grant Funding and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 Council Consent A•enda for a..roval. MAYOR APPROVAL: OW ► ��/j�IRECTOR APPROVAL: ui ate Comm e= ounal Initial/ In ial/D CHIEF OF STAFF: ,0 . 1 , ' ` r'/t omu !e .unci' Init. ate Initial/D.e COMMITTEE RECOMMEND•TION: I move to forward Option 1 to the July 21, 2015 Council Consent Agenda for approval. Amor�/Iilam. 4101 / LiS/ 1 :/ Bob Ce kt a r K y Maloney, Member Lill a Assefa-D.7 on, ember PROPOSED COUNCIL MOTION: "I move to approve the attached resolutions to accept Federal Grant Funding for the Sacajawea Middle School Safe Route to School Project" (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# k:\council\agdbills\2015\07-21-15 acceptance of grant funding for transportation improvement projects-srts.doc CITY OF FEDERAL WAY MEMORANDUM DATE: July 6, 2015 TO: City Council VIA: Jim Ferrell, Mayor FROM: Marwan Salloum, P.E., Public Works Dire or Rick Perez, P.E., City Traffic Engineer 4 SUBJECT: Grant Funding for Transportation Improvement Projects—Authorization to Accept Grant Funding BACKGROUND: This memorandum provides the Council with the current status of the grant applications submitted in 2014 under the Safe Routes to Schools Program funded from the Federal Highway. Prided Estitnatad I\S ;[. "9 Grant Prnieet C Grant )' Sacajawea Middle School Safe Route to $1,500,000 $1,200,000 $300,000 $1,200,000 School(SRTS) (Design and Construction) K:\LUTC\2015\07-06-15 Acceptance of Grant Funding—SRTS.doc RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation regarding improvement to Sacajawea Middle School Safe Route to School Project in the City of Federal Way,Washington. WHEREAS,the City of Federal Way applied to the Safe Routes to School("SRTS")Grant Program from the Washington State Department of Transportation for the purpose of design and • construction of a SRTS Project for Sacajawea Middle School within the City; and WHEREAS,the Washington State Department of Transportation agrees to grant the City of Federal Way federal funds in the total amount of One Million Two Hundred Thousand and No/100 Dollars($1,200,000.00)provided that the City Council authorize the Mayor to enter into the Local Agency Agreement; and WHEREAS, by accepting said grant the City of Federal Way agrees to execute the Local Agency Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Execution of Acceptance of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute the Local Agency Agreement regarding improvements to the Sacajawea Middle School SRTS Project in the City of Federal Way. Section 2. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to accept and receive the state and federal funds estimated to be One Million Two Hundred Thousand Resolution No. Page I of 3 Rev 1/10 and No/100 Dollars ($1,200,000.00). Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement,the City is required to commit matching funds in the amount of Three Hundred Thousand and No/100 Dollars The Mayor is authorized to commit and match the funds as required. ($300,000.00). y q Section 4. 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. Section 5. 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. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. Page 2 of 3 Rev 1/10 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of July, 2015. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTENY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: July 21,2015 ITEM#: 511 ................................................................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION(WTSC)AMENDMENT#3 TO THE OCTOBER 1, 2014—SEPTEMBER 30,2015 MOU. POLICY QUESTION: Should the City of Federal Way accept the WTSC Amendment#3 for an additional $4,000 for Motorcycle Safety Patrols from July 31, 2015 —August 16,2015. COMMITTEE:PARKS,RECREATION,HUMAN SERVICES&PUBLIC MEETING DATE: July 14,2015 SAFETY COUNCIL COMMITTEE(PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:LIEUTENANT KURT SCHWAN DEPT: Police ....... .. .................. ............. Attachments: 1. PRHS &PS Memo 2. Amendment#3 to the WTSC MOU Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: "Wis" 3/4/ DIRECTOR APPROVAL: ) y /e9/r ti2 min.tee /1r Initia CHIEF OF STAFF: .C,44,Id a C. A W' r:mpif, e Council COMMITTEE RECOMMENDATION: "I move to forward the WSTC MOU Amendment #3 for Motorcycle Safety Patrols to the July 21, 2015 City Council Consen Agenda." 42.4i sat.- -- Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WSTC Amendment #3 for Motorcycle Safety Patrols and authorize Chief Andy Hwang to sign the MO U." (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—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 14, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Washington Traffic Safety Commission(WTSC) MOU Amendment#3 The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing partnership, focused on Impaired Driving, Seat Belts and Distracted Driving overtime funding. WTSC funding has allowed Federal Way Police to strengthen this enforcement through overtime funded patrols. The original WTSC MOU was for a term of October 1, 2014 through September 30, 2015 for a total overtime funding up to $21,900. We have signed Amendment#3 for the WTSC Memorandum of Understanding (MOU), due to time constraints, which is for an additional $4,000 for Motorcycle Safety Patrols to be run from July 31, 2015 through August 16,2015 1 AMENDMENT #3 TO THE October 1, 2014 - September 30, 2015 MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON TRAFFIC SAFETY COMMISSION AND FEDERAL WAY POLICE DEPARTMENT The above-referenced Memorandum of Understanding (MOU) between the Washington Traffic Safety Commission (WTSC) and Federal Way Police Department (AGENCY) is hereby amended as follows: AMOUNTS Motorcycle Safety Funding: $4000.00 CFDA# 20.600 IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To reduce traffic related deaths and serious injuries resulting from motorcycle crashes through HVE patrols. 2. SCOPE OF WORK: Motorcycle Safety Enforcement: Agency will engage in multijurisdictional HVE patrols for all or part of the following: Motorcycle Safety Patrols; July 31, 2015 — August 16, 2015 These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols should focus on the illegal and unsafe driving actions of motorcycles. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes failure to yield to a motorcycle, following too closely to a motorcycle, etc. Whenever possible, please include motorcycle officers in these patrols. This is requested, but not required. Dates of local patrols will be reported to the WTSC on a quarterly basis by the county Target Zero Task Force Representative. Only work done on Task Force/TZM pre-approved dates will be considered for reimbursement. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to the Traffic Safety Task Force representative within 48 hours of the completion of the motorcycle safety patrols. All other terms and conditions of this MOU remain in full force and effect. i nin below, who warrant that they have AMENDMENT is executed by the persons s Y THIS AMENDMEN exec , Y p signing the authority to execute this Amendment. This amendment is effective June 3, 2015. FEDERAL WAY POLICE DEPARTMENT WASHINGTON TRAFFIC SAFETY COMMISSION (Signature) (Signature) (Printed Name) (Printed Name) 6/24//S— (date) (date) address where fully executed copy ad y py of this document will be mailed: 333R,S 8tk ,54 0 5. Street r.e.,d(.vcc,..1. wa. c.,)53 9 8'0o3 �,y e/tt, e .3. f 1 ct, City, State Zip Attn: OR email: I - �_ c�,�1 cA&@ G��y v����trrc t...-) Please return this signed Amendment (No later than July 29, 2015) to your Target Zero Manager: John Pagel Kent Police Dept. 220 4th Avenue South Kent, WA 98032 (253) 856-5884 jpagel(a�kentwa.gov COUNCIL MEETING DATE: July,21,2015 ITEM#: / nil ` CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FY 2015 EDWARD BYRNE MEMORIAL JUSTICE GRANT(JAG) POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department accept the FY 2015 Edward Byrne Memorial Justice Grant(JAG)? Acceptance of grant requires no matching funds. COMMITTEE: Parks,Recreation,Human Services and Public Safety - MEETING DATE: July 14,2015 Council Committee-(PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cathy Schrock, Civilian Operations Manager DEPT: Police Attachments: 1. PRHS&PS Staff Memo 2. JAG 2015 Project Narrative 3. JAG 2015 Budget Worksheet Options Considered: 1. Accept Grant 2.........._Reject Grant..._..................._. _. _. MAYOR'S RECOMMENDATION: 1 MAYOR APPROVAL: 7/4//S ) / IRECTOR APPROVAL: •.7 I r Co tt Council !�2 Initial CHIEF OF STAFF: /, `'/17 t /JI o tte�) i�„ Counc. ..A4J/' COMMITTEE RECOMMENDATION: I move to forward the proposed 2015 JAG Grant to the July 21, 2015 City Council consent agenda for approval. ,44-4,4,7, L--116-11414-,--- Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:. "I move approval to accept the FY 2105 JAG Grant, with a total compensation of$27,344, and authorize the Mayor to accept said Grant." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# ,c vc$T au,4°41, 2: Federal Way�G Y y .90_2O FEDERAL WAY POLICE DEPARTMENT Jim Ferrell, Mayor Andy J. Hwang, Chief of Police CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 14, 2015 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: FY 2015 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. Acceptance of the FY 2015 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. Specific projects are described in the attached financial and narrative summary document. Project Award: $27,344. 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. 33325 8th Avenue South, Federal Way,WA 98003-6325 • (253) 835-6700 • www.citvoffederalway.com y• e " f r f t 6 4 6 1 f get,6 •ma /H� x�'�1; s .�.:.,, C'T=" ��!;�� ��:�� r .r.�'+/,'%5�'9" ,,;.�., �;" �3 �?u i1'fs' P l �3-'��✓,ng'f r /. •f /r 4,?�l' j a t�P X35 6850 FY 2015 JAG Purpose Areas Law enforcement programs Prosecution and court programs, including indigent defense. Prevention and education programs Corrections and community corrections programs Drug treatment and enforcement programs Planning, evaluation, and technology improvement programs Crime Victim and witness programs (other than compensation) BJA 2015 Priority Areas (Please see full descriptions in 2015 Local Solicitation): • Reducing Gun Violence • Body-Worn Cameras, Storage, and Policies • Recidivism Reduction, Pretrial Reform, and Justice System Realignment • Indigent Defense • Improving Mental Health Services Project Name: Project Cost: $26,524 1) K9 Purchase 1) $8,000 2) Tasers 2) $7,000 3) Computer Hardware/Storage— Records 3) $7,200 43 Management 4) $4,324 4) IT Contract Personnel/Temporary 3% Admin Fee (Seattle PD) $820 Total Allocation: $27,344 Project Description: 1) The Federal Way Police Department has developed a Canine (K-9) Unit to offer the Community a specialized service intended to enhance the department's ability to locate and apprehend criminals, and search for and recover valuable evidence and/or contraband. In addition, the K-9 officer often acts as an important ambassador to the community providing educational programs. 2) Federal Way Police Department deploys one Taser per commissioned officer. This tool is essential to the success of a non-lethal resolution to many physical encounters that Officers encounter on a daily basis. There are no replacement funds for this equipment in the primary budget. 3) Purchase of additional storage space needed for several police records management functions, specifically multi-media content associated with cases in the Spillman Records work storage. This will net the Police De artment Management System as well as the Police net g p approximately 4.8TB of highly redundant and fast storage space. n uct various IT related tasks within the police 4) Contract/Temporary Personnel to cod p department. Such tasks include computer deployment, GIS assistance, Systems/Network and police car special projects. 1 Please describe the need for the program or project you are proposing (as it relates to one of the JAG Purpose Areas listed above): 1) K9 services are an enhanced law enforcement service that increases apprehension and provides community education opportunities. 2) The cost associated with the replacement of these necessary non-lethal law enforcement tools will have to come from an already strained equipment line item and have a negative impact on the budget of other essential service related items or functions. 3) Police records management demand for storage of multi-media has grown tremendously fast. The benefit of storing digital photos, video and audio recordings for the purpose of criminal prosecution are critical. 4) Contract/temporary personnel have become a critical support tool for the smooth operation of police technology. Please describe the proposed program activities for the 4-year grant period: 1) The purchase of a K9 will is scheduled for the 2nd quarter of 2016 with the selection of a handler prior to that date. The team will undergo training to the meet state requirements for a police K9 team and will deploy as part of the patrol division by the end of 2016. The average service life for a generalist K9 team is approximately 8 years. 2) All commissioned officers are required to carry a Taser on their uniforms and that requirement will continue for years to come as the Taser is an invaluable tool for law enforcement. 3) Upon the purchase of the additional storage space, the police department will continue to explore best practices for the storage of multi-media pieces of each criminal case in order to secure successful prosecution. 4) Temporary personnel will be utilized throughout the grant period to support police technology needs, and provide extra support to permanent personnel. Please describe anticipated coordination efforts involving JAG and related justice funds: 1) Federal Way Police Department embraces a unique partnership with other regional law enforcement agencies in the Puget Sound region. Federal Way Police are engaged in several multi-agencies programs to include SWAT, Officer Involved Shooting Investigation, Civil Disturbance Unit, and Narcotics Enforcement Team. The regional K9 teams train together and respond under mutual aid on a regular basis as needed. The K9 team is truly a regional asset to law enforcement in the region. 2) The Taser has proven to be an effective non-lethal tool protecting Officers and more importantly causing less injury than traditional hands on methods. The Taser continues to evolve and improve and the department continues to explore all opportunities to identify and utilized funds available to purchase needed equipment. 3) Federal Way Police Department participates in a regional users group for the Spillman Records Management System. Through this coordination the department maximizes the use of the software/hardware to produce effective case management tools. 4) Contract/temporary personnel assist permanent personnel during periods when Police technology needs exceed the current support staff. Staff will ensure the smooth operation of police technology. 2 Please list your objectives, and describe how they are linked to meaningful and measurable outcomes, and the likelihood of achieving such outcomes: 1) Objectives of the police K9 team are to be trained and proficient in the following areas of responsibility: training, care and utilization of the police canine; assisting in the apprehension of criminal suspects; conducting area and building searches; preparing and participating in K9 related training programs; using, preparing and providing courtroom testimony; and maintaining a professional and positive relationship with other state and local K9 teams and professional associates. All training and deployment data is recorded and reviewed in a K9 software program. Historically, K9 teams greatly increase the ability of law enforcement to locate recently fleeing criminal suspects and to recover valuable missing or stolen property. In addition, police K9's can search areas that would be extremely dangerous for officers to search. This utilization greatly increases the safety for officers searching for a dangerous criminal suspect. 2) Objective is to maintain a serviceable resource of Tasers for commissioned Officers to utilize while in the performance of their duties. The Taser has proven to be an effective tool in non-lethal use of force. The outcomes will continue to be achieved and the agency will have the opportunity to deploy the highest level of technology. 3) Provide a platform of which all data and media can be stored and readily available to department members, and prosecutors. This data must be secure and easily accessible for efficiency and successful prosecution. 4) Utilize contract/temporary IT personnel to provide critical support to police department technology. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. The list of all identifiers is attached to this document. 1) Canine program 2) Less than Lethal 3) Computer Software/Hardware 4) Contract/temporary IT personnel BUDGET: Please identify the elements (e.g., personnel, equipment, supplies, travel/training, etc.) of your project, and list them on the attached Budget Worksheet Template. Please provide computations for all entries. 1) Canine— Equipment$8,000 2) Tasers— Equipment/Less than Lethal $7,000 3) Hardware— Equipment$ 7,200 4) Contract/Temporary IT $ $4,324 Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. 3 No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to 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, vessels, or aircraft • Luxury items • Real estate • Construction projects, other than penal or correctional institutions • Any similar matters Is there anything in your project that could be interpreted as inconsistent with this requirement? 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 Is there anything in your project that could be interpreted as inconsistent with this requirement? Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Solicitation Name/Phone/E-mail for Funding Agency Name/Project Name Point of Contact at Funding Agency N/A 4 Budget& Budget Narrative-Template A. Personnel N/A Name/Position Computation Cost Total Personnel: $0 B. Fringe Benefits N/A Name/Position Computation Cost Total Fringe Benefits: $0 C. Travel/Training N/A Purpose Computation Cost Total TraveUTraining: $0 D. Equipment Item Computation Cost Canine (K9) $ 8,000 $ 8,000 Tasers $ 7,000 $7,000 Computer Storage/HW $ 7,200 $ 7,200 Total Equipment: $ 22,200 E. Supplies N/A Supply Items Computation Cost Total Supplies: $0 F. Construction (N/A) G. Consultants/Contracts Name of Consultant/Contract Computation Cost IT Contract/Temporary Personnel $15-$25 per hour $ 4,324 Total Consultants/Contracts: $4,324 GRAND TOTAL: $ 26,524 Note on Budget Narrative: Please include budget narrative for each category, above, for which you are requesting funds. _ .4 LN LA 70 /r 2.1 CO 01 T. es 1 z 4' R = c r,, CO rn ro ro c ro c z 4 r/ '' rl "< c — m n c 8 - r, 0. r, .. .‹ 0 ■Ti n C' Fi n n ■ d Za. 1 0 i z 05 us 1 6 0. 0 3 a w o.I. N.) 1.-• C.> 1... 4b. 01 al vb 1... i is 7 ..I 5 cr■ co CD ,J0 LO NJ Jo 0* --.1 or NJ .9. ea —i vb , 0 C — La.. a. 3 a to "n .. vi 40 r..r k, Co O. r•-■ ce Oo cL) y:2 .,, '"C ,.. to co -I:. 4. 1..) I-, ha co s•-■ ow, 4e, 4. --4 t.n N ar, 0 01 ID ‘0 a .., ..t, ,..... kr:, .... N .0, 00 ■I 0 -4 r•-) . > 0 . ha or to. 3' ..,, To CM na — 3 to 0/ at )3, — ca. 9 3 14 N 1-. NJ /-+ 1,4 A N NJ •-■ N CO -I, r• ;,^, vew & 9cg , - N 1.7 4U -4 Crt 4:.• 1.4 Co N N 73 r'. -..-4 vc mvl 1/1, ; • .,,,,. o) ' • —. n a., 0 0 w ,,,, 00 g 32. A ° a: 9 6 I gp 8 a , a. 5 a ..., -4 3 .. I-. lie LO "4 Z M ..... . . 9. ... i•-• N v■ V. O .L"• --• •-4 N ■41 0 0 Lo A Vo I.* 0 VS C 0 . 2 g t O .. O pa r .ff< fp 3 • 2 . • COUNCIL MEETING DATE: July 21, 2015 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:TOWN SQUARE PARK IMPROVEMENTS POLICY QUESTION: Should the City accept the bid results for RFB 15-011; Town Square Park Improvements and authorize the Mayor to enter into a contract with the lowest responsible bidder? COMMITTEE: PRHSPS Committee MEETING DATE: July 14, 2015 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Stephen Ikerd, Deputy Director DEPT: Parks Attachments: Town Square Park improvements memo. Options Considered: 1. Authorize a bid award for Town Square Park improvements in the amount of$443,994.03 to Henderson Partners and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for Town Square Park improvements to Henderson Partners and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the July 21, 2015 City Council Consent Agenda for approval. / ��' MAYOR APPROVAL , `7 /3// f'7�9 DIRECTOR APPROVAL: Corium oun /� Com ittee CHIEF OF STAFF: A 4.414 7/114,upe .di1� /r .'Sr, COMMITTEE RECOMMENDATION: I move to authorize a bid award for Town Square Park improvements in the amount of$443,994.03 with a %10 contingency for a total amount of$488,393.03 to Henderson Partners and authorize the Mayor to execute said agreement to the July 21, 2015 consent agenda for approval. (.........//7/ 1 1 f■ ..1 I ■ f (/ /"/ ki/L-.ZoCiftr---- Susan Honda,Chair Dini Duclos, Member Martin Moore, ember • PROPOSED COUNCIL MOTION: "I move to authorize a bid award for Town Square Park improvements in the amount of$443,994.03 to Henderson Partners and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-08/12/2010 RESOLUTION# CITY OF '' - Federal Way Parks Department Date: July 10, 2015 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Town Square Park Improvements Background: Staff solicited bids for improvements to Town Square Park as part of a phased development plan requiring multiple request for bids. This first bid includes demolition, drainage, soil placement, grading, irrigation, and some electrical conduit placement for future lighting. Staff advertised and also sent to the local plan centers RFB 15-011. Five (5) companies responded by submitting the following bids: 1. Henderson Partners .....$443,994.03 2. Tunista Construction $476,494.81 3. Al-Landscaping $556,807.50 4. RE Sides Landscaping $566,115.00 5. Terra Dynamics $588,343.50 Recommendation: Staff evaluated the responses to this RFB, checked references and recommends awarding the bid to the lowest responsible bidder, Henderson Partners. The Parks Department also has experience with this contractor, as they were the successful bidder for the initial park improvements a year ago. Financial Summary: $443,994.03— Contract award amount. 44,399.00 - 10% contingency. $488,393.03 -Total Council approval request. COUNCIL MEETING DATE: July 21,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PRO COMMITTEE APPOINTMENTS FOR THE NOVEMBER ADVISORY VOTE ON RETAIL MARIJUANA POLICY QUESTION: Should the City Council appoint the listed individuals to the Pro Committee to write the pro statement for the advisory vote regarding whether to allow marijuana-related businesses in the City for the King County Voters' Pamphlet? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Amy Jo Pearsall City Attorney DEPT: Law Summary/Background: On July 7, 2015, Council passed a Resolution directing the interviews of the Pro Committee members to select the three leaders that would be reported to King County Elections pursuant to RCW 29A.32.280. On July 21, 2015,those interviews were conducted and Council must now approve the leaders of the committee. Following this appointment, Committee members will be given an orientation on July 23 and provided the opportunity to select their spokesperson. Following that orientation and selection of spokesperson,the City Clerk will report the Committee members to King County Elections. Options Considered: 1. Approve the following individuals as Pro Committee Members. a. b. c. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A 7 7 DIRECTOR APPROVAL: t j-i9 i(1-711 Committee Counc. Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Pro Committee..." (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—10/01/2014 RESOLUTION# • COUNCIL MEETING DATE: July 21,2015 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CON COMMITTEE APPOINTMENTS FOR THE NOVEMBER ADVISORY VOTE ON RETAIL MARIJUANA POLICY QUESTION: Should the City Council appoint the listed individuals to the Con Committee to write the con statement for the advisory vote regarding whether to allow marijuana-related businesses in the City for the King County Voters' Pamphlet? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am _Jo Pearsall,City Attorney DEPT: Law Summary/Background: On July 7, 2015, Council passed a Resolution directing the interviews of the Con Committee members to select the three leaders that would be reported to King County Elections pursuant to RCW 29A.32.280. On July 21, 2015,those interviews were conducted and Council must now approve the leaders of the committee. Following this appointment, Committee members will be given an orientation on July 23 and provided the opportunity to select their spokesperson. Following that orientation and selection of spokesperson,the City Clerk will report the Committee members to King County Elections. Options Considered: 1. Approve the following individuals as Con Committee Members. a. b. c. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A 7/1"1/5 DIRECTOR APPROVAL: Ale 1 1Committee Co Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the following appointments to the Con Committee..." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APCONVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-10/01/2014 RESOLUTION# COUNCIL MEETING DATE: July 21,2015 ITEM#:•OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REGIONAL COORDINATION FRAMEWORK FOR DISASTERS AND PLANNED EVENTS POLICY QUESTION: Should the City of Federal Way sign the Regional Coordination Framework for Disasters and Planned Events? COMMITTEE: Parks,Recreation,Human Services,and Public Safety MEETING DATE: July 14th,2015 CATEGORY: • Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolufon ❑ Other STAFF REPORT BY: Ray Gross,Emergency Manager DEPT: Emergency Management Attachments: Regional Coordination Framework for Disasters and Planned Events Options Considered: Option 1. Approve the City of Federal Way to sign the Regional Coordination Framework for Disasters and Planned Events. Option 2.Do not approve signing the Regional Coordination Framework and provide direction to staff. -- - ---- --MAYOR'S RECOMMENDATION: Approval of Option 1,to sign the Regional Coordination Framework for Disasters and Planned E nts. MAYOR APPROVAL: ; 6,66 `DIRECTOR APPROVAL: Committee Counc. /� Initial/Date �J Initi. tf I�`tial/D,aa// CHIEF OF STAFF: ZI AY• •4,91 �'+ �r �A), !T Co ' f — Ini'o +ate Initial •at COMMITTEE RECOMMENDATION: I move to forward the Regional Coordination Framework for Disasters and Planned Events, and have the Mayor establish a contact list of who should be contacted and in what order to the July 21, 2015 City Council Business agenda for approval. 4a0 ,0 Aid Yir Committee Chair Committee Member Committee Memb- PROPOSED COUNCIL MOTION: "I move approval of Option 1 the City of Federal Way to sign the Regional Coordination Framework for Disasters and Planned Events." (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-08/12/2010 RESOLUTION# City of Federal Way Emergency Notification of Elected Officials Emergency notification 1. The Mayor of the City of Federal Way 2. The Deputy Mayor of the City of Federal Way 3. The Chair of the Parks, Recreation, Human Services, and Public Safety Committee 4. All Council members by position order 5. Washington State Representatives 6. Washington State Senator 7. Municipal Court Judges Emergency and recovery g Y res onse p a eco er Y Emergency Operation Center (EOC) Chain of Command The EOC Manager position depending on the type of event will be filled by any of the following. The Chief of Staff, The Police Chief, Deputy Police Chief, Public Works Director, Deputy Public Works Director, Emergency Manager. The Operations Chief, Planning Chief, and The Public Information Officer maybe filled by senior staff from any of the below Agencies or Departments City of Federal Way Police Department City of Federal Way Public Works Lakehaven Utility District South King Fire & Rescue Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington ,,,7 , , r 11,t • a +�i `,. } :i• '�#10' !• w 3y . i N. ;,. ' '. r - -z:., ., . ....„0„,,,,_ „ ,, ._ ., ci,.....#.4, ,......._ ,,,iiiiiiiiht. �i ... d , e - L 63 King County February 2014 Emergency Management Partners, As we arrive at another milestone in our regional planning efforts here in King County,we would like to share a brief look back on the cornerstone efforts of the `Regional Disaster Plan' and its notable history. It is reality that disasters do not respect jurisdictional boundaries,let alone economic environments. Our citizens throughout King County expect the public,private,non-profit and tribal entities to work together in responding to and recovering from a disaster. Geographical King County is 2,134 square miles of diverse terrain with over 1.9 million people, 39 cities,over 120 special purpose districts,two tribal nations,and over 700 elected officials.With our population density,complex system of governance,and significant hazards we face,disasters present the need to plan for a coordinated response among governments,non-profits and businesses. In 1998, elected officials from Seattle,Suburban Cities and King County passed a motion(#10566)to initiate the planning efforts of a`regional response plan and mechanism to share resources.'That effort was pioneering new territory by establishing a cooperative and voluntary platform linking private businesses,non-profit organizations,government agencies,and special purpose districts.Through collaborative planning and participation,hundreds of entities can behave in a coordinated manner, provide assistance to each other and maintain their authority. The King County Office of Emergency Management(KCOEM)began the `regional planning' effort in 1999 and formed the Regional Disaster Planning Task Force(now the Regional Disaster Planning Work Group). Any and all partnering disciplines,agencies and organizations were invited to the table and actively participated in taking the ground breaking steps to create the `Regional Disaster Plan for Public and Private Organizations in King County.' Over a two-year period many meetings were held,numerous ideas and concepts discussed and debated,and multitudes of briefings and updates all contributed to a collaborative and transparent regional planning process.Throughout the process the multi-disciplinary groups representing King County Emergency Management Advisory Committee(EMAC)and the King County Regional Policy Committee were briefed and engaged. By early 2001,a Basic Plan and legally vetted `Omnibus Legal and Financial Agreement' were completed,and then... September 11th occurred. All of us found ourselves in a new era. Our view of the world changed significantly post September 11th and we collectively recognized the need to be even more collaborative in our emergency management efforts. Even the largest of cities would not be able to do it alone.The cumulative efforts of all those engaged partners had moved the regional plan from a concept to the reality of an actual plan ready for signature and implementation. In January 2002,with EMAC endorsement,the EMAC Chair Barb Graff (City of Bellevue Emergency Management)and Co-Chair Bill Wilkinson(Port of Seattle)initiated the inaugural promulgation of the `Regional Disaster Plan for Public and Private Organizations in King County.' By December 2002, 99 cities, fire districts,businesses,schools,water and sewer districts and non-profits were official signatory partners.That same year the 9-11 Commission and the National Association of Counties(NACo)formally awarded and recognized KCOEM for the regional collaboration and planning endeavor—the `Regional Disaster Plan.' Page 2 Regional Coordination Framework for Disasters and Planned Events The original Regional Disaster Plan was designed using the model of the Federal Response Plan,i.e. a basic plan followed by a series of"Emergency Support Functions,"such as communications and transportation.Through the following years and various Presidential Directives(transitions to the National Response Plan and the National Incident Management System),the Regional Disaster Planning effort continued to engage regional partners from public,private,non-profit and tribes and alternations were made to keep the Plan current. Additional promulgations occurred with Plan updates and more signatory partners joined.With the last official promulgation and signatory process in March 2008,and with continued interest since then,there are currently 145 signatories. Over time partners and the region have matured with additional focused planning efforts(mass care, evacuation,regional catastrophic,etc.),putting the Regional Disaster Plan in a good position to evolve. After over a year's work of transformation,the Plan(along with the associated Agreement,which is the legal and financial document addressing sharing of resources;formerly the `Omnibus')are in a new state. Embodying again true regional coordination,the Plan has transitioned to a new format: `Regional Coordination Framework for Disasters and Planned Events.' In a streamlined form,the new Framework (like the former Plan)facilitates a systematic,coordinated,and effective response to multi-agency or multi jurisdictional disasters or planned events that occur within the geographic boundaries of King County.By leveraging existing plans,the Framework focuses on five key areas of coordination: • Direction and Coordination • Information Collection,Analysis and Dissemination • Public Information • Communications • Resource Management All emergency management partners will be provided the opportunity to review and comment on this new and fresh Framework through an identified process.The goal is to roll out the Framework and Agreement to all partners in January 2014 for official promulgation and signature. Regional Disaster Planning Work Group and EMAC members will be active in informing and promoting the intent and benefits of the Framework and Agreement. The efforts put forth by the Work Group have been well coordinated,and the EMAC has been kept apprised and has advised as needed. We look forward to your agency and organization officially joining in supporting this Framework.Through this Framework,together we can assist one another in a more coordinated response,which will ultimately assist in the quicker recovery of our communities and economy. Sincerely, Dominic Marzano,Chair Gail Harris,Vice Chair City of Kent Emergency Management City of Shoreline Emergency Management Page 3 Regional Coordination Framework for Disasters and Planned Events Emergency Management Advisory Committee(EMAC) This page intentionally left blank. Page 4 Regional Coordination Framework for Disasters and Planned Events Log of Changes Date of Change Description of Change Page# IPage 5 Regional Coordination Framework for Disasters and Planned Events Introductory Materials Promulgation The Regional Coordination Framework (formerly the Regional Disaster Plan) is intended to embody the true essence of regional collaboration and coordination. From its inception in 1998, by King County Motion#10566, this regional plan "... allows for shared resources and cooperation within existing capabilities and is consistent with emergency management priorities established by the governing body of each jurisdiction, special district, organization or appropriate agency." The value of the Framework that is that the organizational networking and administrative workload can be coordinated in advance of a disaster, thus expediting the response capability from partner to partner and throughout the region. Approval and Implementation The Regional Disaster Planning Work Group (RDPWG) is the inter-jurisdictional and multi-disciplinary group responsible for developing, enhancing, and maintaining the Regional Coordination Framework. The RDPWG consists of representatives from regional partners and serves as a subcommittee to the King County Emergency Management Advisory Committee (EMAC), which in turn serves as an advisory entity to the King County Executive and the King County Office of Emergency Management (OEM). All emergency management partners are included and encouraged to participate throughout the review and vetting process. Modifications to the Framework and its related documents are shared and distributed to all partners. Ongoing reviews and feedback shall occur routinely. When Framework modifications have been vetted through the RDPWG and initial review conducted by partners, the RDPWG Chair/Co-Chair will present them to EMAC for review and endorsement. In accordance with King County Motion #10566, "Any draft regional plan proposed by the Emergency Management Advisory Committee (EMAC) should be submitted through each jurisdiction, special district, organization, or appropriate agency governing body for review and comment." Therefore, all updated documentation is presented for `Open Comment' for at least 30 days. Emergency management partners are responsible for reviewing and vetting through their internal channels for any concerns and/or issues. Those concerns and/or issues that arise may be documented and sent to the King County Office of Emergency Management. All comments will be reviewed and addressed by the RDPWG, which will in turn recommend amendments and/or changes to EMAC for consideration and recommendation. Page 6 Regional Coordination Framework for Disasters and Planned Events The RDPWG holds open meetings, keeps all partners apprised of work and products, and provides reports to EMAC. According to King County Motion #10566, the RDPWG in coordination with EMAC, will "...report to the regional policy committee periodically on its progress in developing the plan, and bring forward to the regional policy committee significant policy issues arising in the process." Distribution EMAC will formally endorse the Framework and associated Agreement, and through their`letter of endorsement,' begin encouraging adoption by partners (public, private, non-profit)within their respective jurisdiction, agency and/or organization. The King County Office of Emergency Management will be responsible for collecting, gathering and maintaining the emergency contact information for participating partners as well as the signatory sheets for those partners who are signatory to this Framework's associated Agreement. In recognition of the expanding nature of this Framework and the partnerships it encourages, a comprehensive distribution list cannot be provided within this document. Please visit the King County Office of Emergency Management website for a full and current listing of partners to the Regional Coordination Framework and signatories to the associated Agreement. http://www.kingcounty.gov/safety/prepare/EmergencyManagementProfessionals.aspx Page 7 Regional Coordination Framework for Disasters and Planned Events Table of Contents I. Purpose, Scope, Situation Overview and Assumptions 9 II. Concept of Operations 11 III. Responsibilities 14 IV. Direction and Coordination 18 V. Information Collection, Analysis, and Dissemination 21 VI. Public Information 23 VII. Communication 26 VIII. Administration, Finance, and Logistics 28 IX. Document Development and Maintenance 31 X. Terms and Definitions 33 XI. Authorities and References 35 Page 8 Regional Coordination Framework for Disasters and Planned Events I. Purpose, Scope, Situation Overview and Assumptions Purpose The Regional Coordination Framework for Disasters and Planned Events facilitates a systematic, coordinated, and effective response to multi-agency or multi-jurisdictional disasters or planned events that occur within the geographic boundaries of King County, Washington. It provides a framework whereby cooperative relationships can be formed among public, private, tribal and non-profit organizations in order to accomplish this common goal. Through the implementation of this framework, the resources and capabilities of the public, private, tribal and non-profit sectors can be more efficiently utilized to minimize the loss of life and property and to protect the environmental and economic health within King County. The Regional Coordination Framework is a voluntary guide to regional response and short term recovery actions. Signatory partners are those organizations from the public, private, tribal, and non-profit sectors in geographic King County that are committed to working together in accordance with this framework and have signed the associated Agreement. There is no preferential treatment or priority given to those partners who are signatory to the Agreement versus those who are not. The benefit of being a signatory partner to the RCF and the Agreement is to save time during a disaster by having decision making authority for jurisdictions already in place and on file. Scope The RCF applies to any disaster or planned event that concurrently challenges multiple jurisdictions or multiple disciplines within King County or affects a single entity to such a degree that it relies upon external assistance. The Framework and the associated Agreement are intended to be utilized in conjunction with other state and local emergency plans, including but not limited to mutual aid agreements such as the Intra- state Mutual Aid System (within Washington State), the Emergency Management Assistance Compact(state-to-state), other public, non-governmental organization, tribal, or private sector agreements, and the Pacific Northwest Emergency Management Arrangement (States of Alaska, Idaho, Oregon and Washington and the Province of British Columbia). The Framework addresses strategic response activities and allocation of incoming scarce resources for those disasters or planned events where normal emergency response processes and capabilities become overtaxed, or where there is a need for regional coordination of response operations shared situational awareness and coordinated public information due to the complexity or duration of the disaster(s). The Page 9 Regional Coordination Framework for Disasters and Planned Events associated Agreement articulates the financial aspects of voluntarily participating in accordance with the Framework. Although the focus is on disaster response, the Framework assumes future coordinated efforts to address regional protection, mitigation, preparedness, and recovery issues. Likewise, while relationships with other counties and neighboring jurisdictions are not specifically included in this Framework, they are not precluded from participating as a partner. The framework describes five key areas of coordination: • Direction and Coordination • Information Collection, Analysis and Dissemination • Public Information • Communications • Resource Management Situation Overview Disasters and planned events can present unique challenges to the public and private sectors for the efficient and effective use of resources, the protection of lives and property, the protection of the regional economy, and the preservation of the environment or other essential functions. Natural or human-caused hazards may have impacts sufficient to require partners to seek assistance or manage emergency resources and supplies through use of this Framework. Specific information about natural or human-caused hazards may be accessed from emergency management jurisdictions. Planning Assumptions • No perfect response is implied by the availability of this framework • Local, regional, and state resources may not be sufficient to respond to all needs in a timely fashion • Damages to regional infrastructure may result in unreliable communications and slow delivery or distribution of requested resources • Impacts to some partners may require assistance from other partners, adjacent counties, the State of Washington, Emergency Management Assistance Compact partners, or the Federal Government and other entities • Emergencies may require the establishment and/or multi-jurisdictional coordination of emergency actions • Participation in the Regional Coordination Framework is voluntary Page 10 Regional Coordination Framework for Disasters and Planned Events • Acquisition, use, and return of resources as well as the reimbursement for those resources are guided by the associated Agreement • Regional policy decision-making participants will vary from disaster to disaster • All partners will comply with federal, state, and local legal obligations • The King County Office of Emergency Management (KCOEM)will serve as the lead for regional emergency management activities. KCOEM will activate the Regional Communications and Emergency Coordination Center(RCECC) in support of disaster response or planned event coordination, during which the RCECC will be the focal point for information sharing and regional resource coordination • First responders will continue to be directed by their incident commanders • Each partner will retain its own internal policies, processes, authorities, and obligations and organize and direct its internal organization continuity II. Concept of Operations In the event of a disaster or planned event requiring central coordination at the RCECC, operational authority will remain with partners and local incident commanders. Local procedures will be followed and Emergency Operations Centers or Emergency Coordination Centers (EOCs or ECCs) staffed in accordance with partner plans. Procedures governing internal actions will be maintained by the partner. All necessary decisions affecting response, protective actions, and advisories will be made by those officials under their existing authorities, policies, plans, and procedures. Use of and adherence to the Regional Coordination Framework is voluntary. The Framework provides a structure for disaster response operations that: • Uses geographic divisions or zones of the county to: o Facilitate coordination of information sharing o Assist in the management of resource request processes, prioritization and tracking • Provides centrally coordinated emergency functions within the region utilizing the King County RCECC • Provides a mechanism for regional policy decision-making • Augments existing mutual aid agreements by providing pre-designated legal and financial ground rules for the sharing of resources • Is consistent with the National Incident Management System (NIMS) and is based on the Incident Command System (ICS) Page 11 Regional Coordination Framework for Disasters and Planned Events I i t a. .2) riF43 ms � „ifs,r tea- King County Regional Emergency Coordination Zones I Figure 1:King County Emergency Coordination Zones(2012) Geographic Divisions Predetermined geographic divisions of the County have facilitated efficient preplanning efforts as well as the sharing of io information and coordination of priorities, operations, and application of resources during a disaster or planned event. The three Regional Emergency Coordination Zones correlate to the existing King County Fire Zones are (see Figure 1): • Emergency Coordination Zone 1 — North and East King County • Emergency Coordination Zone 3 — South King County • Emergency Coordination Zone 5 - the City of Seattle Each Zone may develop protocols and procedures for carrying out inter- and intra-zone coordination and response functions. During the response to a disaster or planned event, these zone coordination functions may operate through a Zone Coordinator from the King County RCECC or in a decentralized location. Organizations that provide services throughout geographic King County ("regional service providers") may not have the resources to coordinate their service delivery and response activities directly with all three Emergency Coordination Zones simultaneously. Instead, these regional service providers may provide a single point of coordination through the King County RCECC. Examples of regional service providers include: public health/medical, banking and finance, energy, transportation, information Page 12 I Regional Coordination Framework for Disasters and Planned Events and telecommunications, agriculture, emergency services, chemical industry, food, water, etc. Regional service providers may provide a representative directly to the affected zone and/or the King County RCECC. Central Coordination Where central coordination of regional emergency actions is needed, the King County RCECC may provide a location from which to coordinate. In accordance with the National Response Framework, the King County RCECC utilizes a hybrid response organization that embeds subject matter experts into the Incident Command System structure through Emergency Support Functions (ESFs). The ESFs, listed below, represent fifteen broad categories that enable subject matter expertise, like resources, and similar capabilities to be aligned into groups to aid coordination. ESF 1 —Transportation ESF 9—Search & Rescue ESF 2 — Communications ESF 10 —Oil & Hazardous Materials ESF 3— Public Works & Engineering ESF 11 —Agriculture & Natural Resources ESF 4— Fire Response ESF 12 — Energy ESF 5— Emergency Management ESF 13 — Public Safety & Security ESF 6— Mass Care, Housing, & Human ESF 14— Recovery Services ESF 15 — External Affairs ESF 7— Resource Management ESF 20 — Military Support to Civil ESF 8— Public Health, Medical and Authorities Mortuary Services In its role as an Emergency Coordination Center, the King County RCECC facilitates operational response at the regional level and supports operational response activities that are managed at the local level; the RCECC does not make operational decisions for local jurisdictions or partners unless specifically requested. Rather, the RCECC • facilitates regional support activities that have been developed collaboratively amongst the appropriate stakeholders, represented through the ESFs and Zone Coordinators. When the RCECC has been activated, Zone Coordinators and regional service providers may coordinate their efforts from the King County RCECC, via their respective ESF Coordinator, the EOC/ECC of their local emergency management jurisdiction or most impacted partner. Coordination between regional service providers and partners may be from locations remote to the RCECC by electronic means. Healthcare organizations will coordinate through the Northwest Healthcare Response Network, which will in turn coordinate with emergency management jurisdictions through ESF 8, Public Health, Medical and Mortuary Services. Page 13 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework When the RCECC has not been staffed by ESFs, partners will continue to coordinate with other partners, contractors, or mutual aid partners and will brief their local EOC/ECC or emergency management office (with emergency management jurisdiction as defined in RCW 38.52) and the King County Office of Emergency Management (KCOEM) Duty Officer if appropriate,. Partners should establish a relationship with their local emergency management jurisdiction in advance. Once the RCECC has been activated, the RCECC will be contacted through the main RCECC email, radio talk group, or phone number. Information and resource requests will be directed to the most appropriate combination of zone coordinator(s), logistics, planning, or operations (ESFs) sections for their actions. The King County RCECC Regional Communications and Emergency Coordination Center(KC RCECC)facility is located at 3511 NE 2nd Street, Renton, Washington, 98056. Transition from regional response to regional long-term recovery Response efforts at the RCECC entail the immediate actions needed to protect lives and safety of the population, protect or affect temporary repairs to infrastructure, and protect property or the environment. Long-term recovery includes permanent repair, relocation, or replacement of that infrastructure or property. Long-term recovery may take months or many years depending on the nature of impacts. Long-term recovery and potential federal assistance to tribal nations, the public and private sectors is governed by the Stafford Act and other documents with specific terms including the Code of Federal Regulations and Treaties. A separate document addresses regional long-term recovery. Ill. Responsibilities In accordance with Ordinance 17075, King County Government has the responsibility to foster cooperative planning within regional concepts to its emergency mitigation, preparedness, response, and recovery efforts and to serve as the coordinating entity for cities, county governmental departments and other appropriate agencies during incidents and events of regional significance. In addition, King County shall enter into mutual aid agreements in collaboration with private and public entities in an event too great to be managed without assistance. When an emergency impacts regional King County, the King County RCECC and local EOCs or ECCs may be staffed to address the consequences of the emergency impacts to the public, government, and regional partners or to support regional first responders. Page 14 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework This section of the framework introduces the concept of a regional coordination process that may be needed to enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, determine strategies for the allocation of scarce resources or transition into long term recovery. The diagram below describes the structure and relationship of regional organizations in response. Also, see Direction and Coordination as well as the Terms and Definitions at the end of this framework. All Signatory Partners will: • Identify an Emergency Point of Contact • Work with their authorized emergency agency in their operations or coordination centers as identified under RCW 38.52.070 • Develop, maintain, and utilize internal emergency plans and procedures • Direct information and resource communications to their local Emergency Operations or Coordination Center, or the RCECC Section as appropriate • Equip and train a workforce to sustain emergency operations • Participate in the development of this framework • Seek and secure mutual aid documentation • Abide by the caveats of the this Framework's associated Agreement • Request regional decision-making on policy issues as needed The mechanism for regional policy coordination: • Collaboration on the execution of emergency powers, suspension or limitation of civil liberties • Collaboration to establish strategic priorities for the allocation of limited resources in support of King County strategic goals and regional objectives • Communicate with partners and the general public directly or to the public through the RCECC Joint Information Center (JIC) Elected and Appointed Officials will: • King County Executive will Serve as the facilitator of the mechanism for regional policy decision-making • Establish and work through their authorized Emergency Operations or Coordination Centers • Utilize their established emergency and continuity plans • Identify Emergency Points of Contact for the jurisdiction with full authority to commit or request resources, personnel, and make decisions on behalf of the jurisdiction Page 15 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework • Work with and through their designated emergency managers for resource needs that cannot be filled within their jurisdiction, mutual aid agreements, available private sector sources, or within the emergency management zone • Coordinate with private sector partners through their designated EOC or ECC • Issue emergency proclamations and implement authorized emergency powers • Coordinate selection and implementation of emergency powers through the mechanism for regional policy decision-making • Abide by the caveats of the this Framework's associated Agreement RCECC Incident Manager will: • Direct RCECC coordination activities • Recommend formation of and composition of a mechanism for regional policy decision-making • Keep the those involved with regional policy decision-making informed of policy issues, incident coordination and progress • Communicate regional policy decisions to the RCECC staff • Recommend and have drafted a County emergency proclamation as needed • Work with and direct the Joint Information Center and functional sections of the activated RCECC • Host Zone Coordinators and regional partners as liaisons to the RCECC • Establish and adjust regional objectives, identify policy issues, and allocate resources with input from Zone Coordinators and regional service providers • Facilitate regional situational awareness, Common Operation Picture and information sharing with regional partners and the public • Facilitate an effective and efficient resource management process RCECC Joint Information Center will: • Communicate information to the public and partners that may affect their lives, safety, health, property, or services • Implement a Joint Information System to assist in coordinating public information Zone Coordinator(s) may: • Represent the cities within their designated zone in the RCECC • Collect and communicate information to the RCECC and the Incident Manager • Collaborate with the Incident Manager to establish and adjust regional objectives, identify policy issues, and allocate resources • Direct partner representatives to seek resources within their zone before forwarding requests to the RCECC Page 16 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework • Request regional decision-making on policy issues with notice to the emergency managers • Maintain situation awareness on needed policy issues and resource requests • Make limited operational decisions on behalf of their designated zone • Facilitate information sharing between RCECC and Zone RCECC Sections will: • Develop situational awareness and support information sharing throughout the region and up to the state. • Receive, allocate, track resource issues from county departments and regional partners. Any resources that cannot be provided from within the geographic county shall be attained via contract or forwarded onto the state for action. • Manage and retain documentation in support of the incident. • Serve as network control for regional radio communications between regional Emergency Operations or Coordination Centers Local Authorized EOCs and ECCs will: • Work within their organization's and zone's resources and capabilities before requesting resources from the RCECC • Communicate resource requests to the RCECC Logistics Section and their Zone Coordinator in the RCECC when availability within their zone has been exhausted • Include private sector, non-governmental sector, and tribal nations in local EOC decisions, information sharing and resource management • Utilize the appropriate mechanism for resource requests to the RCECC • Support the functions and protocols established in this framework • Have or can quickly get the authority to commit available equipment, services, and personnel to the (borrowing) organization • Participate in decision making conference calls or physical meetings as appropriate and conditions allow Emergency Contact Points will: • Be in an established line of succession that includes names, addresses, and 24- hour phone numbers for each partner • Make emergency contact information available to regional partners, King County OEM, and the RCECC when staffed • Have or can quickly get the authority to commit available equipment, services, and personnel to the (borrowing) organization Page 17 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework • Participate in decision-making conference calls or physical meetings as appropriate and conditions allow Resource Lenders will: • Make available such resources as will not deter the Lender of the ability to continue efforts toward its own response objectives • Abide by the conditions described in the this Framework's associated Agreement Resource Borrowers will: • First seek and exhaust access to resources within their organizational authority • Seek mutual aid and commercial resources within their emergency management zone • Request resources through the King County RCECC in accordance with the this Framework's associated Agreement State of Washington will: • Seek and accept damage reports and situation reports from the King County RCECC • Accept and process resource requests received from the King County RCECC • Seek sources of assistance to fill regional King County logistical needs • Proclaim a state of emergency, if warranted Federal government will: • Provide response assistance to the State of Washington as available and requested under a state proclamation of emergency • Direct appropriate federal agencies to lend assistance to the State of Washington where possible • As appropriate, declare a state of emergency in support of response and recovery from the impacts of an emergency in Washington State and/or to regional tribal nations IV. Direction and Coordination The Regional Coordination Framework does not carry the authority of code. It is a voluntary agreement between partners to the Regional Coordination Framework and the associated Agreement and any annexes that may be crafted for the benefit of the region. King County and each authorized emergency management agency within King Page 18 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework County are required to have, maintain, and implement their own emergency plans in accordance with Revised Code of Washington (RCW) 38.52. Similarly, other public entities, private sector, non-governmental organizations (NGOs), and tribal nations may maintain plans that describe how they will direct and manage emergencies within their scope of authority. The National Incident Management System (NIMS), National Response Framework and King County Ordinance 17075 are the basis for the regional direction and coordination function described here. Purpose The purpose of this section is to identify a mechanism for regional policy decision- making, a process for policy coordination and strategies for the allocation of limited resources to regional disasters within established criteria and priorities. Situation and Scope Tactical direction and control of resources available to onsite/on scene incident commanders remains within the established organizational direction of the incident commander. See this Framework's associated Agreement. Loaned employees remain the employees of the lending organization while under the direction of the borrowing organization during their assignment. Where regional policy decision-making is needed, elected officials may enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, determine strategies for the allocation of scarce resources under proclaimed emergencies. Regional Partners may not be bound by all of the regional decisions made. Decisions may impact regional partners that are not signatories to the Framework's associated Agreement. All political subdivisions retain the authority to direct requests for assistance to the Washington State Governor's Office and the State Emergency Management EOC. Establishing Regional Decision-Making Regional policy decision-making may be informed by the King County Executive, Local Health Officer, the legal representative(s) of cities and tribal nations as required by the disaster and subject matters experts, as necessary. Initial coordination between impacted regional partners may occur through the initiation of a conference call by the King County RCECC, the request for such coordination by one or more Zone Coordinators, or at the request of one or more partners. Subsequent meetings, whether at the RCECC or by conference call will be scheduled and announced to all authorized emergency management agencies in sufficient time to allow maximum participation. Page 19 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Coordination meetings and call announcements will include representatives from authorized emergency management agencies under RCW 38.52.070 and tribal nations. The interests of private sector and non-governmental organizations should be represented by their most appropriate authorized emergency management agency. The King County Executive or designee will facilitate the meetings whether virtual or conducted at the RCECC. Partners and representatives participating in regional policy decision-making may vary from disaster to disaster depending on the experienced impacts to the region. All partner representatives must have the authority to represent their organization for consensus decision-making and commitment or request resources. Verification of personnel will be conducted internally through local EOCs or ECCs. . . Authority for KC Mechanism 1 1 for Consensus Appropriate _ RDCFPolicy 1 Government& Elected Unincorporated on Regional Officials Areas , Decisions 1 1 KCECC Incident gm Gm • Zone 1,3,5 Manager Coordinators officials roAgency AI Joint Information Joint Emergency Manager . System OM with `- Information Coo,dlnotion Partners Center I KCECC ate° P► t� KCECC Planning KCECC Logistics l J 4 /^ \ ' t�`: / I —� L i. I —T Emergency I ' Management Incident Agencies! Partners Key Coordination 'Els on:Count, r Pre-ECC r,vartn<r: Activation III s<ecc Figure 2:Information and escalation flow for regional policy decisions Establish regional response priorities, policies, and decisions Information guiding the decision-making process will be made available to all partners prior to the conference call or physical meeting. Page 20 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Policy deliberations will occur between the County Executive and whichever cities and tribal nations are needed to participate in regional policy decision-making. When regional decision-making is needed, all attempts will be made to come to consensus on all decisions. General criteria for policy decisions will include doing the most good possible within each category and may include but is not limited to: • Preservation of life, safety and preservation of human health • Caring for vulnerable populations • Preservation of public infrastructure and property • Protection of the regional economy • Protection of the environment • Preservation of private property The King County Incident Manager will assign someone to document the announcement of the conference call and/or physical meeting, the participants and attendees, the agenda, decisions, next steps, and known or anticipated future conference calls or meetings times/dates and locations as may apply. Policy decisions will be communicated through local Emergency Operations and Coordination Centers and disseminated via the Joint Information System. V. Information Collection, Analysis, and Dissemination For the purposes of the Regional Coordination Framework, the collection, analysis, and dissemination of information include Situational Awareness and Public Information. Situational Awareness Situational awareness is knowing what is going on around the region, understanding what needs to be done in the region, and distributing such information to regional partners. Purpose The purpose of this section is to describe the process of how the region establishes and maintains situational awareness during regional incidents and events. This process is critical to effectively create stability, implement response, and undertake recovery within the region. With this process documented, the region will have a major component of its Common Operating Picture (COP) established. Page 21 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Situation and Scope Situational awareness is developed by timely and accurate information about the level of impact, resources currently utilized in the response, resources available to support the response, and perceived needs of the jurisdiction, partner and public. Each entity manages the information and needs specific to that entity and its area of responsibility. When entities share their specific situational awareness with each other and partners develop an understanding of each other's impacts and needs, a Common Operating Picture (COP) is created. The development and management of situational awareness and a Common Operating Picture are vital to effective and efficient response and proactive planning on a regional level. Responsibilities It is expected that all partners (public entities, tribal nations, private sector, and non- governmental organizations) manage their own situational awareness streams. When disasters occur, impacted partners will consolidate damage and situational information with their most appropriate emergency management jurisdiction EOC or ECC. Local EOCs and ECCs will relay all appropriate information to the King County RCECC. The region's situational awareness and Common Operating Picture are dependent on all streams of information. The County Zone Coordinators will play a pivotal role by incorporating information from their related geographic areas into the region's COP. The King County RCECC will have the responsibility to collate these streams into a shared situational awareness as part of the region's COP. Concept of Operations Information collection, analysis, and dissemination are critical elements that must be maintained before, during, and after a disaster. Through coordination and collaboration, KCOEM and regional partners support a regional information management strategy through all phases of emergency management with a particular emphasis on both preparedness and response to ensure a smooth transition into a response drive information management cycle. Since situational awareness is part of a larger COP, an information management cycle (often referred as a reporting cycle) will be developed to facilitate regional partners providing their information streams. The cycle will identify when information will be collected and distributed. The 24 hour cycle of the regional planning clock consists of two operational shifts within the RCECC, beginning at 0700 and 1900 respectively. In general, the RCECC will Page 22 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework compile information and publish it in a situation report every 12 hours. Additionally, snapshots, brief updates to the more complete situation report, may be generated every three hours. Partners are expected to maintain the capability to share and receive information and to actively participate in information sharing within the region. Recognizing that not every incident will occur on a timetable to easily fit within the 24 hour planning clock established; the King County RCECC may adjust the planning clock as necessary but will always strive to attain a 0700 and 1900 cycle. One benefit of the planning clock is the pre-determined sequence of events that are necessary to best prepare for and inform Critical decision making throughout the response coordination. The planning clock recognizes the importance of sequencing events where the collection and analysis of available information is followed by internal briefings, distribution of information to partners and the public, internal and external conference calls, and objective setting for future operational periods. The schedule of these information management steps recognizes the local and national media deadlines for the morning work commute (usually about 0430) and the evening commute deadline (usually about 1500). Fundamental products of situational awareness such as snapshots, situation reports, etc., are designed to represent the current situation and ultimately project the future status of an incident or event. Essential elements of information will be identified for each disaster or planned event. At a minimum the following essential elements of information will be incorporated within snapshots and situation reports: • Current situation or situation update • Availability of regional services • Local operation and coordination center activation status(es) • Impact on and response by geographic area (i.e. city or zone) or Emergency Support Function (i.e. transportation, public health, utility, etc) References • Zone 1, 3, and 5 Situation Report Templates • KC RCECC Situation Report and Snapshot Templates • King County CEMP • List of Plans-Reference to "Plans Inventory" VI. Public Information A cooperative and technically effective use of the media, Internet, social media channels, and community warning systems will provide the best chance of conveying life-safety and public awareness information to large numbers of at-risk people. Page 23 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Purpose The purpose of this section is to establish a regional Joint Information System (JIS) that will support emergency response through the effective development, coordination, and dissemination of emergency public information in the event of a wide-spread emergency or disaster within King County. The expected outcomes of this coordinated planning effort are intended to facilitate: • Coordinating communications between agencies, tribal nations, and organizations with the media and public for accurate and consistent messaging • Establishing a central point for information distribution on behalf of partners needing public information assistance as well as facilitating regional information coordination • Expanding the utility of electronic notification systems to include online multi- organizational systems to intentionally enhance information sharing amongst g Y Y partners • Establishing and/or utilizing redundant community warning systems to ensure messaging is sent to impacted areas by the most expedient means possible Situation and Scope When multiple regional partners recognize a need to coordinate the distribution of emergency information to the public, a Joint Information System may provide a process for consistent messaging. A Joint Information System may include a wide range of public, private, non-governmental, or tribal partners to include partners from beyond the geographic boundaries of King County. Responsibilities All partners are invited to contribute to this communication capability. While there are some agencies, prescribed by law or designated authority, that are responsible to enact specific systems, such as the Emergency Alert System and other jurisdictional or community warning systems (i.e. reverse 911 capabilities), it is with the combined and coordinated use of all our collective communication systems that we can reach the broadest number of people with the most accurate information- Public and Tribal Entities E911 Centers in King County, The King County RCECC, Public Health - Seattle & King County, cities, special purpose districts, and Tribal EOC's, National Weather Service, Washington State Emergency Management Division, are all Page 24 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework examples of public sector organizations and Tribal Nations with warning and notification capabilities. These organizations use their access to electronic notification systems, websites, web based systems, reverse dialing from 911 database, social media, PTO's, media releases, phone banks, trap lines, and volunteers who hand deliver information to disseminate and receive critical information. Private Sector Private partners can aid in warning and notification by coordinating the release of critical information or receiving information through their own internal communication processes and working within the Regional Joint Information System (see below for definition)to disseminate and receive critical information. Non-Governmental Organizations (NGOs) Non-government organizational partners also aid in reaching the more vulnerable populations that may not receive warning messages from more traditional means. Ensuring that NGOs support the receipt and dissemination of critical information is critical to meeting the needs of vulnerable community members. Concept of Operations This section assumes that regional partners will establish a public information function to provide emergency information and warning to their respective communities and constituent's before, during, and after a disaster or planned event. This emergency information function should include the coordination of information with other affected organizations. For the purposes of the Regional Coordination Framework, we are addressing the need to coordinate for a wide scale disaster with regional impacts. Notification and Warning There are multiple warning systems that currently exist throughout all levels of government that provide alert and warning notification to governmental agencies as well as the public. Details on specific systems can be accessed through the appropriate local emergency management jurisdiction. Non-governmental, private and non-profit partners should be familiar with the various systems available through their respective emergency management jurisdiction. All partner organizations should also be familiar with the various systems utilized by partner emergency management jurisdictions to activate support personnel and Emergency Contact Points identified in accordance with this Framework. All partner organizations are encouraged to use their agency's email, social media sites, and phone systems to pass on appropriate warnings to employees and customers. Page 25 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Joint Information Centers/System (JIC/JIS) Joint Information Centers (JICs) are physical and centralized locations from which public affairs and critical emergency information responsibilities are performed. JICs facilitate operation of a Joint Information System (JIS)—the mechanism used to organize, integrate, and coordinate information to ensure timely, accurate, accessible, and consistent messaging across multiple jurisdictions and organizations. The King County RCECC will activate a regional JIC/JIS as needed to verify and align various streams of information, and release timely messages to the media, key stakeholders, and the general public. This information is issued in cooperation with affected jurisdictions, agencies, and organizations. Regional partners may be asked to send a representative to assist with JIC/JIS operations, either through direct support within the JIC or via remote access (phone, internet, video conferencing). This does not preclude any jurisdiction, agency, organization, or Tribal Nation from issuing information that pertains to them exclusively; however it is highly recommended that the regional JIC/JIS be informed of those communications. References • King County CEMP ESF 15 • King County Emergency Coordination Center Operations Manual • King County Public Information Officers (PIO) Procedures Guidelines • Regional Joint Information Center(JIC) Manual VII. Communication The ability to communicate through a variety of different mediums in order to share timely information and to gain accurate situational awareness is critical during disasters and planned events. During a large scale regional disaster it is paramount to sound decision-making. Purpose The purpose of this section is to establish a communication process where regional partners will have the capability to access information "lines" to the King County RCECC, while establishing one central location to collect, prioritize, and disseminate information. These access modalities can generate from several different technologies. Redundant systems are in place for better odds of gaining access during times when many of these communication modes may not be functional. Page 26 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Situation and Scope This section of the Framework describes the communications process and systems needed to manage information collection and distribution during a disaster or planned event as the organizational structure expands and contracts within geographic King County. Responsibilities It is expected that all partner organizations will endeavor to obtain and maintain a variety of ways to communicate their status and resource needs to their respective emergency management jurisdiction and the King County RCECC during disasters and planned events. The King County Office of Emergency Management will test these internal communication systems on a regular basis to ensure communication connectivity with regional partners. Maintaining communication connectivity is critical to successful response during a disaster. It is expected that regional partners will work with KCOEM to maintain their internal communications systems, test them, and improve upon them as resources allow. King County RCECC may act as a network control manager for radio frequencies and talk groups used to maintain situation awareness, support decision-making, manage resources, or to continue regional services. Concept of Operations To facilitate internal communication for situational awareness, partners have a variety of means at their disposal to give and receive information. Emergency communications includes tools, processes, interoperability, and redundancy that govern the management of information, warning and notifications, decision-making, and resource management. Survivable infrastructure is an important element of the support needed to ensure continuous communications within and between regional partners. Available tools may include email, regular phone service, cell phones, 800 MHz radios and talk groups, VHF radio frequencies, amateur radio, facsimiles, the internet, social media, reverse 911 programs, or other technology. King County, in cooperation with other local jurisdictions and organizations, will support regional collaboration and information sharing. The RCECC will serve as the primary information hub for regional communications including a regional Common Operating Picture. Information on operational or policy topics may be posted as available. Page 27 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework References • King County Communications Plan • Tactical Interoperable Communications Plan VIII. Administration, Finance, and Logistics This section to the Regional Coordination Framework describes the maintenance of the document and the management of resources in response to emergency impacts to geographic King County. The financial management of costs and expenses incurred during an emergency is covered in the associated Agreement to this Framework. Resource Management Mutual Aid is considered the pre-agreed sharing of resources between entities to support response activities. During a disaster or planned event, requests for mutual aid within the zone should be the first call for help. During a disaster or when requests for mutual aid cannot be granted, any threatened participating organization can request resources from other participating organizations. This document facilitates the sharing of resources amongst regional partners willing and able to share resources. The Resources section of the Regional Coordination Framework Agreement addresses resource lending and borrowing protocols. When a disaster is large or complex enough to initiate an emergency proclamation from the city, county or state level; various emergency powers may be enacted to aid and support resource management. Only jurisdictional cities, counties and tribal nations can sign an emergency proclamation. If further support is needed, the chief elected official or their successor/designee of the affected partner will proclaim an emergency, and then contact their designated Zone Coordinator or other Point of Contact and/or the King County RCECC to request further assistance. Assistance may be requested by using one of the following mechanisms: • A request or supply of resources under the auspices of this Framework's associated Agreement, or • A request or supply of resources under the auspices of Intra-State Mutual Aid or Emergency Management Assistance Compact, or • A request or supply of resources under the auspices of another form of mutual aid or other assistance. Page 28 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Resource management involves knowing what resources are available to the region or county (inventory), identifying them based on what they are and what they can do (type and kind) and developing procedures and protocols for their use (request, dispatch, demobilization/recall). Purpose The purpose of this section is to describe a resource management process which regional partners within King County will follow in a disaster. Situation and Scope This section of the Framework describes the processes for management of regional finance and logistics during and after a disaster impacting regional partners to the Regional Coordination Framework and associated Agreement. This Framework expands on those principals described under Intra-State Mutual Aid RCW 38.56 for sharing resources. Responsibilities Regional partners will endeavor to obtain the ability identify, inventory, request, deploy, track and recall the critical resources needed to respond to, and recover from, any disaster. Logistical and resource coordination will be through the three King County Emergency Coordination Zones and the King County Regional Communications and Emergency Coordination Center(RCECC). The staff of the activated RCECC will coordinate and support regional resource management activities in collaboration with the region's Resource Management Workgroup through all phases of emergency management. Since resource management is critical to a successful resolution during a disaster, it is important that each regional partner commits to establish a process to describe, inventory, request, deploy and track resources within their jurisdictions and to work in a cooperative effort with the King County RCECC. Equipment, supplies, and personnel needed by partner organizations should be sought first from within their own agency/jurisdictions/organization, other local sources, mutual aid agreements, then within the King County Fire/Emergency Management zone, and then from King County RCECC. Resource needs beyond the capacity of the local level and King County will be forwarded to the State of Washington or through the State to the Federal Government. Page 29 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework Regional Coordination Framework partners will follow the legal and financial guidelines established in the associated Agreement. In situations where important resources are scarce, the regional decision-making mechanism may be utilized to recommend strategies for resource management. The King County Executive, or designee, still retains the authority for King County government resource priorities and distribution. As noted earlier and also reflected in the Framework's associated Agreement, all entities retain authority over their resources, and respective elected officials retain authority over their government resource priorities and distribution. See Direction and Coordination. Concept of Operations King County Office of Emergency Management maintains a 24/7 duty officer capability to assist partners during events when coordination needs arise. When activated for disasters or planned events, the RCECC will be the focal point for resource management for all regional partners within King County, King County government and unincorporated areas. KC RCECC, in cooperation with other local jurisdictions, will • Provide technology to assist with the primary tasks associated with resource management • Manage a process to describe, inventory, request and track resources • Activate these systems before and during a disaster/event • Dispatch resources before and during a disaster/event • Deactivate/demobilize or recall resources during or after a disaster/event The KC RCECC will accept resource requests utilizing information provided on accepted forms. The resource requests will be accepted by: phone, email, radio, facsimile, hardcopy or any verifiable electronic method. Confirmation of receipt with the requestor will be made as soon as possible. Requests for resources should be stated in terms of need (i.e. type and kind, mission requirements, etc.) and the particular resource if known. Should clarification of the request be required, follow-up may be conducted by a RCECC Logistics Section staff member, appropriate Zone Coordinator, or appropriate ESF representative. The KC RCECC will update the resource request status, ensuring full disclosure of where the request is within the process. All requested resources will be tracked through completion of assignment as many resources will be in high demand amongst the many regional partners within King County. Effective and efficient response coordination is Page 30 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework aided by expeditious reassignment of resources from partner to partner rather than having a high demand resource is completely demobilized from the disaster and returned to its parent organization prior to reassignment to another requesting partner. The borrowing organization will maintain status and resource information for effective and efficient resource use. Resources committed to a disaster will remain available to that incident site until they are released by the on-scene command structure or re-called by their own organization. When resources are no longer needed, they will be released and demobilized by the on- scene Incident Commander/Manager, the organization that made the initial request, or the RCECC Incident Manager. The requestor must ensure that the resource is in the agreed upon condition prior to returning to the lending agency or vendor. In addition, the requestor must communicate the resource status to the KC RCECC for tracking. References • Memorandum of Understanding for Coordinated Policy and Decision Making During an Emergency • Resource Typing System Governance Document • King County CEMP ESF 7 Resource Support • KC RCECC Resource Request Process • Revised Code of Washington 38.56 IX. Document Development and Maintenance Planning Limitations This Framework and associated Agreement forge new territory as a cooperative agreement among public and private organizations, and as such, may not have completely anticipated the issues in public/private cooperation and resource sharing. During simulations, exercises, or real disaster, interactions may occur that illustrate shortcomings in the design that would require modifications or clarifications in this Framework. In a situation where the King County RCECC cannot perform the duties outlined in this document, those duties could be assumed by the Washington State EOC. Regional partners to this Framework will make every reasonable effort to prepare for their responsibilities identified within this document in the event of a disaster. However, all resources and systems are vulnerable to natural, technological and human caused Page 3 1 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework disasters and may be overwhelmed. Regional partners can only attempt to respond based on the situation, information and resources available at the time. There is no guarantee implied by this Framework that a perfect response to a disaster or planned event will be practical or possible. Regional partners, including their officials and employees, shall not be liable for any claim based upon the exercise of, or failure to exercise or perform a public duty or a discretionary function or duty while carrying out the provisions of this Framework. Training and Exercises Training Training is a vital component to helping all regional partners understand the purpose and scope of the document. Collaboratively, regional partners are responsible for training their organizations to the purpose, scope and operations of the Framework. The King County Office of Emergency Management is responsible for assisting potential partners with training their community or organization. The training effort can be accomplished through presentations to public, private and non-profit organizations on the benefits of working within the auspices of the Regional Coordination Framework. Exercises Exercises are conducted to determine if the Framework is operationally sound. Exercises of the Regional Coordination Framework may be conducted collectively as a county region, by zone or by individual partner. Evaluations of exercises will identify strengths and weaknesses encountered during the exercise and may identify necessary changes to the document and components. In conjunction, training may also be identified to facilitate in overall effectiveness of the Framework and its support documents. Ongoing Document Development and Maintenance This framework has been developed and will be regularly updated by the Regional Disaster Planning Work Group. The Work Group consists of representatives from regional partners and serves as a subcommittee to the King County Emergency Management Advisory Committee (EMAC), which in turn serves as an advisory entity to the King County Executive and the King County Office of Emergency Management (OEM). The King County OEM will ensure continuity of the Regional Disaster Planning Work Group, which will coordinate updates to this document. King County OEM will maintain Page 32 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework and publish the Framework and supporting materials on the King County OEM web site at http://wvvw.kingcountv.gov/prepare. Suggested changes will be considered yearly and can be mailed to: King County Office enc Management, 3511 NE 2nd Renton WA 98056. Faxes will be of Emergency Street,, g Y 9 received at(206) 205-4056. Telephone messages can be left at OEM's general number: (206) 296-3830. The King County OEM Plans Manager is the staff person specifically tasked with the maintenance of the Regional Coordination Framework, its associated Agreement and any annexes to the Framework. Coordination Framework and its associated Agreement to this Regional Coordinat reement g will be developed by the Regional Disaster Planning Work Group and then submitted to the Emergency Management Advisory Committee for review and comment. Further vetting with regional partners beyond the membership of EMAC will also be conducted. X. Terms and Definitions `Agreement' — refers to identical agreements executed in counterparts which bind the executing signatory partners to its terms and conditions to provide and receive Emergency Assistance. The terms and conditions of the Agreement are all identical and the execution of the Agreement binds a signatory partner to all other signatory partners who have executed identical Agreements in counterparts. To be effective for purposes of receiving Emergency Assistance, this Agreement and the Regional Coordination Framework must be fully executed and received by the King County Office of Emergency Management. `Borrower' — refers to a signatory partner who has adopted, signed and subscribes to the associated Agreement, and has made a request for emergency assistance and has received commitment(s) to deliver emergency assistance pursuant to the terms of the Agreement. 'Disaster' — refers to but is not limited to, a human-caused or natural event or circumstance within the area of operation of any participating partner causing or threatening loss of life, damage to the environment, injury to person or property, human suffering or financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, act of terrorism or sabotage; said event being or is likely to be beyond the capacity of the affected signatory partner, in terms of personnel, equipment and facilities, thereby requiring emergency assistance. Page 33 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework `Emergency Contact Points' — refers to the persons, in a line of succession, listed on the Emergency Contact Information Form to be submitted to the Zone Coordinator and the King County Office of Emergency Management by each partner. The list includes names, addresses, and 24-hour phone numbers of the Emergency Contact Points of each partner. The people listed as Emergency Contact Points will have (or can quickly get)the authority of the partner to commit available equipment, services, and personnel for the organization. Note: The phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency Contact Point(s) is acceptable. `Emergency Operations or Coordination Center(EOC/ECC)' — refers to a location from which coordination of emergency response and recovery functions can be hosted. `Framework' — `Regional Coordination Framework for Public and Private Organizations in King County' ("Framework") means an all-hazards architecture for collaboration and coordination among jurisdictional, organizational and business entities during emergencies in King County. `Lender' — refers to a signatory partner who has signed the Agreement and has agreed to deliver Emergency Assistance to another signatory partner pursuant to the terms and conditions of the Agreement. `Long-term Recovery' — (FEMA description) refers to the phase of recovery that may continue for months or years and addresses complete redevelopment and revitalization of the impacted area. `National Incident Management System' (NIMS)—(FEMA description) refers to the systematic, proactive approach to guide departments and agencies at all levels of government, nongovernmental organizations, and the private sector to work seamlessly to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity, in order to reduce the loss of life and property and harm to the environment. `RCECC' — refers to the King County Regional Communications and Emergency Coordination Center; the location from which information and resource management is conducted in support of disasters or planned events. 'Region' — refers to geographic King County and its adjacent jurisdictions. `Regional Partners' — refers to all public, private, non-governmental, or tribal organizations that may or may not be signatory/subscribing organizations to the Regional Coordination Framework, the associated Agreement and its annexes. Page 34 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework 'Regional Policy Decision-Making' — refers to the mechanism established to enact emergency powers, suspend or limit civil liberties, coordinate executive decisions, and/or determine strategies for the allocation of scarce resources under proclaimed emergencies. 'Regional Service Providers' — refers to those organizations, both public and private, that provide services to the region. These may include but are not limited to: adult and juvenile detention facilities, water and sewer utilities, power companies, transit, food distribution, or other services. 'Response' -(FEMA description) refers those capabilities necessary to save lives, protect property and the environment, and meet basic human needs after a disaster has occurred. 'Short Term Recovery' — (FEMA description) refers to the phase of recovery which addresses the health and safety needs beyond rescue, the assessment of the scope of damages and needs, the restoration of basic infrastructure and the mobilization of recovery organizations and resources including restarting and/or restoring essential services for recovery decision-making. 'Signatory Partners' — refers to those organizations signatory to the associated Agreement of the current Regional Coordination Framework. `Zone(s)' — refers to those geographic areas conforming to the fire response zones in King County and designated Zone 1 (north and northeast county), Zone 3 (south and southeast county to include Vashon Island), and Zone 5 (the City of Seattle). 'Zone Coordination Function' — refers to those activities that may include pre-planning, training, or information collection and resource status activities within a particular Zone. `Zone Coordinators' — refers to those individuals who may perform the Zone Coordination Function. • XI. Authorities and References RCW 38.52.070 (summary) Incorporated jurisdictions in King County are mandated by RCW 38.52.070 to perform emergency management functions within their jurisdictional boundaries. Although Page 35 Regional Coordination Framework for Disasters and Planned Events Regional Coordination Framework special purpose jurisdictions and private businesses are not mandated under RCW 38.52, this framework allows such entities to participate in this regional response plan. RCW 38.56 Intrastate Mutual Aid System (summary) Code that describes the sharing of resources between political subdivisions of Washington State, documents like mutual aid agreements, and others governing the terms under which resource may be borrowed, loaned, and reimbursement protocols. King County Ordinance 17075, May 2, 2011 The King County Office of Emergency Management is tasked with regional coordination in disaster preparedness, response, recovery and mitigation by King County ordinance 17075. Excerpts: "The mission of the office of emergency management shall be to provide for the effective direction, control, and coordination of county government emergency services functional units, to coordinate with other governments and the private, non- governmental sector, in compliance with a state-approved comprehensive emergency management plan, and to serve as the coordinating entity for cities, county governmental departments, and other appropriate agencies during incidents and events of regional significance. And, "Foster cooperative planning at all levels to enable a uniform and rational approach to the coordination of multi-agency and multi-jurisdictional actions for all regional mitigation, preparedness, response, and recovery efforts." The Washington Mutual Aid Compact (WAMAC) The Washington Mutual Aid Compact(WAMAC) is the operational implementation of the Intrastate Mutual Aid System and provides for resource sharing between governments in response to a disaster which overwhelms local and mutual aid resources. The elements of this Regional Coordination Framework are designed to work in conjunction with the operational elements of WAMAC. Mutual Aid Agreements Any participating organization may enter into separate emergency assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under the Regional Coordination Framework or associated Agreement. Page 36 Regional Coordination Framework for Disasters and Planned Events King Comity AGREEMENT Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington February 2014 Regional Coordination Framework AGREEMENT Updating Process of former "Omnibus Legal and Financial Agreement" As the development of the `Regional Disaster Plan' began in 1999,there was also a need to create a`mechanism to share resources.' The Plan focused on establishing a cooperative and voluntary platform linking private businesses,nonprofit organizations, government agencies, and special purpose districts. A legal document was needed to address emergency assistance covering the legal and financial obligations of partners sharing personnel, equipment materials and/or support during a disaster. Back in 1999 to 2001, legal advisors from King County Prosecuting Attorney's Office and several other public and private entities worked together to frame the appropriate legal and liability language forming the `Omnibus Legal and Financial Agreement.' The Agreement withstood the legal review and approval of many public,private and nonprofit organizations that thereafter signed onto the Plan and Omnibus. As the Plan transitioned and evolved into the `Framework,' the time was also appropriate to revisit the Omnibus. Over the twelve year tenure of the Omnibus, mutual aid methodology and practices had evolved at the regional, State and Federal levels; as well as alterations in the Federal Emergency Management Agency(FEMA)public assistance arena. In 2012 a subcommittee of the Regional Disaster Planning Work Group began the process to revisit the Omnibus language. The subcommittee existed of legal advisors from King County, City of Auburn and City of Seattle and emergency managers from King County, Seattle, Bellevue, Zone 1,Zone 3 and Washington State. Through several meetings leveraging the guidance and expertise of the legal and mutual aid subject matter experts involved,the subcommittee finalized the current draft of the `AGREEMENT for Organizations Participating in the Regional Coordination Framework for Disasters and Planned Event for Public and Private Organizations in King County, Washington.' A large percentage of the original language has stayed the same with a few language and terminology updates.The key areas of adjustment include: p Y adjustment Changes Document re-titled to `Agreement' —simpler title;Replaced `Omnibus Legal and Financial Agreement' Replaced `Plan' wording throughout document with `Framework' Replaced `Omnibus' wording throughout document with `Agreement' Terminology changes made by replacing `borrower' and `lender' with `requester' and `responder' Adjusted language in `Article I—Applicability' to say"...located in King County.'; Replaced"...in and bordering geographic King County." Updated verbiage in `Article II—Definitions' on `Basic Plan' and `Package' since it is now a `Framework' Cleaned-up language in `Article II—Definitions' on `Emergency' 2 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Cleaned-up language in `Article II—Definitions' on `Emergency Contact Points' Updated respective sections with correct King County Office of Emergency Management address; Former `7300 Perimeter Road' address Updated verbiage in `Article IV—Role of Emergency Contact Point for Signatory Partners Renaming to and cleaned-up language in `Article VI—Payment and Billing'; Formerly titled `Article VI—Payment for Services and Assistance' Cleaned-up language in `Article VIII—Requests for Emergency Assistance' Removed section `IX—General Nature of Emergency Assistance';Repetitive of existing language Renaming to `Article IX—Provision of Equipment';Formerly `Article X—Loans of Equipment' Renaming to `Article X—Provision of Materials and Supplies'; Formerly `Article XI— Exchange of Materials and Supplies' Renaming to `Article XI—Provision of Personnel'; Formerly `Article XII—Loans of Personnel' Renaming to and cleaned-up language `Article XII—Record Keeping'; Formerly `Article XIII—Record keeping' Renaming to and cleaned-up language `Article XIII—Indemnification, Limitation of Liability, and Dispute Resolution'; Formerly`Article XIV—Indemnification and Limitation of Liability' Articles following have been renumbered and renamed appropriately 3 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT AGREEMENT for organizations participating in the Regional Coordination Framework for Disasters and Planned Events • for Public and Private Organizations in King County, Washington This AGREEMENT ("Agreement") is entered into by the public and private organizations who become signatories hereto ("Signatory Partners") to facilitate the provision of Emergency Assistance to each other during times of emergency. WHEREAS, the Signatory Partners have expressed a mutual interest in the establishment of an Agreement to facilitate and encourage Emergency Assistance among participants; and WHEREAS, the Signatory Partners do not intend for this Agreement to replace or infringe on the authority granted by any federal, state, or local governments, statutes, ordinances, or regulations; and WHEREAS, in the event of an emergency, a Signatory Partner may need Emergency Assistance in the form of supplemental personnel, equipment, materials or other support; and WHEREAS, each Signatory Partner may own and maintain equipment, stocks materials, and employs trained personnel for a variety of services and is willing, under certain conditions, to provide its supplies, equipment and services to other Signatory Partners in the event of an emergency; and WHEREAS, the proximity of the Signatory Partners to each other enables them to provide Emergency Assistance to each other in emergency situations. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, each Signatory Partner agrees as follows: Article I -APPLICABILITY. A private or public organization located in King County, Washington, may become a Signatory Partner by signing this Agreement and becoming bound thereby. This Agreement may be executed in multiple counterparts. 4 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Article II - DEFINITIONS. A. `Assistance Costs' means any direct material costs, equipment costs, equipment rental fees, fuel, and the labor costs that are incurred by the Responder in providing any asset, service, or assistance requested. B. `Emergency' means an event or set of circumstances that qualifies as an emergency under any applicable statute, ordinance, or regulation. C. `Emergency Assistance' means employees, services, equipment, materials, or supplies provided by a Responder in response to a request from a Requester. D. `Emergency Contact Points' means persons designated by each Signatory Partner who will have (or can quickly get) the authority to commit available equipment, services, and personnel for their organization. E. `King County Emergency Management Advisory Committee ("EMAC')' is the Committee established in King County Code 2.36.055. F. `Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County' ("Framework") means an all hazards architecture for collaboration and coordination among jurisdictional, organizational, and business entities during emergencies in King County. G. `Requester' means a Signatory Partner that has made a request for Emergency Assistance. H. `Responder' means a Signatory Partner providing or intending to provide Emergency Assistance to a Requester. `Signatory Partner means any public or private organization in King County, WA, that enters into this Agreement by signature of a person authorized to sign. J. `Termination Date' is the date upon which this agreement terminates pursuant to Article V. s I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Article III - PARTICIPATION. Participation in this Agreement, and the provision of personnel or resources, is purely voluntary and at the sole discretion of the requested Responder. Signatory Partners that execute the Agreement are expected to: A. Identify and furnish to all other Signatory Partners a list of the Organization's current Emergency Contact Points together with all contact information; and . B. Participate in scheduled meetings to coordinate operational and implementation issues to the maximum extent possible. Article IV - ROLE OF EMERGENCY CONTACT POINT FOR SIGNATORY PARTNERS. Signatory Partners agree that their Emergency Contact Points or their designees can serve as representatives of the Signatory Partner in any meeting to work out the language or implementation issues of this Agreement. The Emergency Contact Points of a Signatory Partner shall: A. Act as a single point of contact for information about the availability of resources when other Signatory Partners seek assistance. B. Maintain a manual containing the Framework, including a master copy of this Agreement(as amended), and a list of Signatory Partners who have executed this Agreement. C. Each Signatory Partner will submit its Emergency Contact Information Form to the King County Office of Emergency Management ("KCOEM").-KCOEM will maintain a list showing the succession in all the Signatory Partners. This list will include names, addresses, and 24-hour phone numbers of the Emergency contact points (2-3 deep)of each Signatory Partner. Note: the phone number of a dispatch office staffed 24 hours a day that is capable of contacting the Emergency contact point(s) is acceptable. Article V - TERM AND TERMINATION. A. This Agreement is effective upon execution by a Signatory Partner. 6 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT B. A Signatory Partner may terminate its participation in this Agreement by providing written termination notification to the EMAC, care of the KCOEM, 3211 NE 2nd Street, Renton WA 98056, or by Fax at 206- 205-4056. Notice of termination becomes effective upon receipt by EMAC which shall, in turn, notify all Signatory Partners. Any terminating Signatory Partner shall remain liable for all obligations incurred during its period of participation, until the obligation is satisfied. Article VI - PAYMENT AND BILLING. a. Requester shall pay to Responder all valid and invoiced Assistance Costs within 60 days of receipt of Responder's invoice, for the Emergency Assistance services • provided by Responder. Invoices shall include, as applicable, specific details regarding labor costs, including but not limited to the base rate, fringe benefits rate, overhead, and the basis for each element; equipment usage detail and, material cost breakdown. b. In the event Responder provides supplies or parts, Responder shall have the option to accept payment of cash or in-kind for the supplies or parts provided. c. Reimbursement for use of equipment requested under the terms of this Agreement, such as construction equipment, road barricades, vehicles, and tools, shall be at the rate mutually agreed between Requester and Responder. The rate may reflect the rate approved and adopted by the Responder, a rate set forth in an industry standard publication, or other rate. Article VII - INDEPENDENT CONTRACTOR. Responder shall be and operate as an independent contractor of Requester in the performance of any Emergency Assistance. Employees of Responder shall at all times while performing Emergency Assistance continue to be employees of Responder and shall not be deemed employees of Requester for any purpose. Wages, hours, and other terms and conditions of employment of Responder shall remain applicable to all of its employees who perform Emergency Assistance. Responder shall be solely responsible for payment of its employees' wages, any required payroll taxes and any benefits or other compensation. Requester shall not be responsible for paying any wages, benefits, taxes, or other compensation directly to the Responder's employees. The costs associated with requested personnel are subject to the reimbursement process outlined in Article XI. In no event shall Responder or its officers, employees, agents, or representatives be authorized (or 7 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT represent that they are authorized) to make any representation, enter into any agreement, waive any right or incur any obligation in the name of, on behalf of or as agent for Requester under or by virtue of this Agreement. Article VIII - REQUESTS FOR EMERGENCY ASSISTANCE. Requests for Emergency Assistance shall be made by a person authorized by the Requester to make such requests and approved by a person authorized by Responder to approve such requests. If this request is verbal, it must be confirmed in writing within thirty days after the date of the request. Article IX - PROVISION OF EQUIPMENT. Provision of equipment and tools loans is subject to the following conditions: 1. At the option of Responder, equipment may be provided with an operator. See Article XI for terms and conditions applicable to use of personnel. 2. Provided equipment shall be returned to Responder upon release by Requester, or immediately upon Requester's receipt of an oral or written notice from Responder for the return of the equipment. When notified to return equipment to Responder, Requester shall make every effort to return the equipment to Responder's possession within 24 hours following notification. Equipment shall be returned in the same condition as when it was rovided to Requester. uester. p q 3. During the time the equipment has been provided, Requester shall, at its own expense, supply all fuel, lubrication and maintenance for Responder's equipment. Requester shall take proper precaution in its operation, storage and maintenance of Responder's equipment. Equipment shall be used only by properly trained and supervised operators. Responder shall endeavor to provide equipment in good working order. All equipment is provided "as is", with no representations or warranties as to its condition, fitness fora articular purpose, or P merchantability. 4. Responder's cost related to the transportation, handling, and loading/unloading of equipment shall be chargeable to Requester. Responder shall submit copies of invoices from outside sources that perform such services and shall provide accounting of time and hourly costs for Responder's employees who perform such services. 81 AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT 5. Without prejudice to Responder's right to indemnification under Article XIII herein, in the event equipment is lost, stolen or damaged from the point the Requestor has the beneficial use of the equipment, or while in the custody and use of Requester, or until the Requestor no longer has the beneficial use of the equipment, Requester shall reimburse Responder for the reasonable cost of repairing or replacing said damaged equipment. If the equipment cannot be repaired within a time period required by Responder, then Requester shall reimburse Responder for the cost of replacing such equipment with equipment which is of equal condition and capability. Any determinations of what constitutes "equal condition and capability" shall be at the discretion of Responder. If Responder must lease or rent a piece of equipment while Responder's equipment is being repaired or replaced, Requester shall reimburse Responder for such costs. Requester shall have the right of subrogation for all claims against persons other than parties to this Agreement that may be responsible in whole or in part for damage to the equipment. Requester shall not be liable for damage caused by the sole negligence of Responder's operator(s). Article X - PROVISION OF MATERIALS AND SUPPLIES. Requester shall reimburse Responder in kind or at Responder's actual replacement cost, plus handling charges, for use of partially consumed, fully consumed, or non- returnable materials and supplies, as mutually agreed between Requester and Responder. Other reusable materials and supplies which are returned to Responder in clean, damage-free condition shall not be charged to the Requester and no rental fee will be charged. Responder shall determine whether returned materials and supplies are "clean and damage-free" and shall treat material and supplies as "partially consumed" or"non-returnable" if found to be damaged. Article XI - PROVISION OF PERSONNEL. Responder may, at its option, make such employees as are willing to participate available to Requester at Requester's expense equal to Responder's full cost, including employee's salary or hourly wages, call back or overtime costs, benefits and overhead, and consistent with Responder's personnel union contracts,.if any, or other conditions of employment. Costs to feed and house Responder's personnel, if necessary, shall be chargeable to and paid by Requester. Requester is responsible for assuring such arrangements as may be necessary for the safety, housing, meals, and transportation to and from job sites/housing sites (if necessary)for Responder's personnel. Responder shall bill all costs to Requester, who is responsible for paying 9 I AGREEMENT,Regional Coordination Framework Regional Coordination Framework AGREEMENT all billed costs. Responder may require that its personnel providing Emergency Assistance shall be under the control of their regular leaders, but the organizational units will come under the operational control of the command structure of Requester. Responder's employees may decline to perform any assigned tasks if said employees judge such task to be unsafe. A request for Responder's personnel to direct the activities of others during a particular response operation does not relieve Requester of any responsibility or create any liability on the part of Responder for decisions and/or consequences of the response operation. Responder's personnel • may refuse to direct the activities of others. Responder's personnel holding a license, certificate, or other permit evidencing qualification in a professional, mechanical, or other skill, issued by the state of Washington or a political subdivision thereof, is deemed to be licensed, certified, or permitted in any Signatory Partner's jurisdiction for the duration of the emergency, subject to any limitations and conditions the chief executive officer and/or elected and appointed officials of the applicable Signatory Partners jurisdiction may prescribe in writing. When notified to return personnel to Responder, Requester shall make every effort to return the personnel to Responder promptly after notification. Article XII - RECORD KEEPING. Time sheets and/or daily logs showing hours worked and equipment and materials used or provided by Responder will be recorded on a shift-by-shift basis by the Responder and will be submitted to Requester as needed. If no personnel are provided, Responder will submit shipping records for materials and equipment, and Requester is responsible for any required documentation of use of material and equipment for state or federal reimbursement. Under all circumstances, Requester remains responsible for ensuring that the amount and quality of all documentation is adequate to enable reimbursement. Article XIII — INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE RESOLUTION. A. INDEMNIFICATION. Except as provided in section B., to the fullest extent permitted by applicable law, Requester releases and shall indemnify, hold harmless and defend each Responder, its officers, employees and agents from and against any and all costs, including costs of defense, claims, judgments or awards of damages asserted or arising directly or indirectly from, on account of, or in connection with providing, or declining to provide, or not being asked to provide, Emergency Assistance to Requester, whether arising before, during, or after performance of the Emergency Assistance and whether suffered by any of the Signatory Partners or any other person or entity. 10 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Requester agrees that its obligation under this section extends to any claim, demand and/or cause of action brought by or on behalf of any of its employees, or agents. For this purpose, Requester, by mutual negotiation, hereby waives, as respects any indemnitee only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW of the State of Washington and similar laws of other states. B. ACTIVITIES IN BAD FAITH OR BEYOND SCOPE. Any Signatory Partner shall not be required under this Agreement to indemnify, hold harmless and defend any other Signatory Partner from any claim, loss, harm, liability, damage, cost or expense caused by or resulting from the activities of any Signatory Partners' officers, employees, or agents acting in bad faith or performing activities beyond the scope of their duties. C. LIABILITY FOR PARTICIPATION. In the event of any liability, claim, demand, action or proceeding, of whatever kind or nature arising out of rendering of Emergency Assistance through this Agreement, Requester agrees to indemnify, hold harmless, and defend, to the fullest extent of the law, each Signatory Partner, whose only involvement in the transaction or occurrence which is the subject of such claim, action, demand, or other proceeding, is the execution and approval of this Agreement. D. DELAY/FAILURE TO RESPOND. No Signatory Partner shall be liable to another Signatory Partner for, or be considered to be in breach of or default under, this Agreement on account of any delay in or failure to perform any obligation under this Agreement, except to make payment as specified in this Agreement. E. MEDIATION AND ARBITRATION. If a dispute arises under the terms of this Agreement, the Signatory Partners involved in the dispute shall first attempt to resolve the matter by direct negotiation. If the dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation. Thereafter, any unresolved controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. F. SIGNATORY PARTNERS LITIGATION PROCEDURES. Each Signatory Partner seeking to be released, indemnified, held harmless or defended under this Article with respect to any claim shall promptly notify Requester of such claim and shall not settle such claim without the prior consent of Requester. Such Signatory Partners shall have the right to ti I AGREEMENT,Regional Coordination Framework Regional Coordination Framework AGREEMENT participate in the defense of said claim to the extent of its own interest. Signatory Partners' personnel shall cooperate and participate in legal proceedings if so requested by Requester, and/or required by a court of competent jurisdiction. Article XIV - SUBROGATION. A. REQUESTER'S WAIVER. Requester expressly waives any rights of subrogation against Responder, which it may have on account of, or in connection with, Responder providing Emergency Assistance to Requester under this Agreement. B. RESPONDER'S RESERVATION AND WAIVER. Responder expressly reserves its right to subrogation against Requester to the extent Responder incurs any self-insured, self-insured retention or deductible loss. Responder expressly waives its rights to subrogation for all insured losses only to the extent Responder's insurance policies, then in force, permit such waiver. Article XV -WORKER'S COMPENSATION AND EMPLOYEE CLAIMS. Responder's employees, officers or agents, made available to Requester, shall remain the general employees of Responder while engaged in carrying out duties, functions or activities pursuant to this Agreement, and each Signatory Partner shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers' compensation, and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each Signatory Partner shall provide worker's compensation in compliance with statutory requirements of the state of residency. Article XVI - MODIFICATIONS. Modifications to this Agreement must be in writing and will become effective upon approval by a two-thirds affirmative vote of the Signatory Partners. Modifications must be signed by an authorized representative of each Signatory Partner. EMAC will be the coordinating body for facilitating modifications of this Agreement. Article XVII- NON-EXCLUSIVENESS AND PRIOR AGREEMENTS. 12 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT This Agreement shall not supersede any existing mutual aid agreement or agreements between two or more governmental agencies, and as to assistance requested by a party to such mutual aid agreement within the scope of the mutual aid agreement, such assistance shall be governed by the terms of the mutual aid agreement and not by this Agreement. This Agreement shall, however, apply to all requests for assistance beyond the scope of any mutual aid agreement or agreements in place prior to the event. Article XVIII - GOVERNMENTAL AUTHORITY. This Agreement is subject to laws, rules, regulations, orders, and other requirements, now or hereafter in effect, of all governmental authorities having jurisdiction over the emergencies covered by this Agreement or the Signatory Partner. Provided that a governmental authority may alter its obligations under this Agreement only as to future obligations, not obligations already incurred. Article XIX - NO DEDICATION OF FACILITIES. No undertaking by one Signatory Partner to the other Signatory Partners under any provision of this Agreement shall constitute a dedication of the facilities or assets of such Signatory Partners, or any portion thereof, to the public or to the other Signatory Partners. Nothing in this Agreement shall be construed to give a Signatory Partner any right of ownership, possession, use or control of the facilities or assets of the other Signatory Partners. Article XX - NO PARTNERSHIP. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership among the Signatory Partners or to impose any partnership obligation or liability upon any Signatory Partner. Further, no Signatory Partner shall have any undertaking for or on behalf of, or to act as or be an agent or representative of, or to otherwise bind any other Signatory Partner. Article XXI - NO THIRD PARTY BENEFICIARY. Nothing in this Agreement shall be construed to create any rights in or duties to any third party, nor any liability to or standard of care with reference to any third party. This Agreement shall not confer any right, or remedy upon any person other than the Signatory Partners. This Agreement shall not release or discharge any obligation or liability of any third party to any Signatory Partners. 13 I AGREEMENT,Regional Coordination Framework Regional Coordination Framework AGREEMENT Article XXII - ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and supersedes any and all prior agreements of the Parties, with respect to the subject matters hereof. Article XXIII - SUCCESSORS AND ASSIGNS. This Agreement is not transferable or assignable, in whole or in part, and any Signatory Partner may terminate its participation in this Agreement subject to Article V. Article XXIV- GOVERNING LAW. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of Washington State. Article XXV -VENUE. Any action which may arise out of this Agreement shall be brought in Washington State and King County. Provided, that any action against a participating County may be brought in accordance with RCW 36.01.050. Article XXVI - TORT CLAIMS. It is not the intention of this Agreement to remove from any of the Signatory Partners any protection provided by any applicable Tort Claims Act. However, between Requester and Responder, Requester retains full liability to Responder for any claims brought against Responder as described in other provisions of this agreement. Article XXVII -WAIVER OF RIGHTS. Any waiver at any time by any Signatory Partner of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not constitute or be deemed a waiver with respect to any subsequent default or other matter arising in connection with this Agreement. Any delay short of the statutory period of limitations, in asserting or enforcing any right, shall not constitute or be deemed a waiver. 14 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Article XXVIII - INVALID PROVISION. The invalidity or unenforceability of any provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Article XXIX - NOTICES. Any notice, demand, information, report, or item otherwise required, authorized, or provided for in this Agreement shall be conveyed and facilitated by EMAC, care of the KCOEM, 3511 NE 2nd Street, Renton WA 98056, Phone: 206-296-3830, Fax: 206-205-4056. Such notices, given in writing, and shall be deemed properly given if (i) delivered personally, (ii) transmitted and received by telephone facsimile device and confirmed by telephone, (iii) transmitted by electronic mail, or(iv) sent by United States Mail, postage prepaid, to the EMAC. 15 I AGREEMENT, Regional Coordination Framework Regional Coordination Framework AGREEMENT Signatory Documentation Sheet The Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County, Washington is intended to be adopted as the framework for participating organizations, within King County,to assist each other in disaster situations when their response capabilities have been overloaded. Components,as of January 2014, are the following: • Regional Coordination Framework for Disasters and Planned Events for Public and Private Organizations in King County • Agreement(legal and financial) IN WITNESS WHEREOF, the Signatory Partner hereto has caused this Regional Coordination Framework for Disasters and Planned Events to be executed by duly authorized representatives as of the date of their signature: ORGANIZATION: ADDRESS: AUTHORIZED SIGNATURE: DATE: Please submit this form to the King County Office of Emergency Management 3511 NE 2nd Street Renton, WA 98056 16 I AGREEMENT, Regional Coordination Framework it fl COUNCIL MEETING DATE: July 21,2015 ITEM#: W CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Authorization to Sub mit Water Quality Storm Water Capacity Grant POLICY Q UESTION: 1. Should the City of Federal Way submit a Water Quality Storm Water Capacity Grant application to the Y Y Q Y P Washington Department of Ecology? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, Surface Water Manager 6/1"' DEPT: Public Works Attachments: Attachments: 1.Background Staff Memo Options Considered: 1. Submit a Water Quality Storm Water Capacity Grant application to Washington Department of Ecology. 2. Do not submit a Water Quality Storm Water Capacity Grant application to Washington Department of Ecology and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends approval of Option 1. �I. MAYOR APPROVAL: , 7%'j/�S � C TOR APPROVAL: \�;rm utt a ou // '75 �� r,W. CHIEF OF STAFF: _ Committee Council COMMITTEE RECOMMENDATION:N/A Bob Celski, Chair Kelly Maloney,Member Lydia Assefa-Dawson, Member PROPOSED COUNCIL MOTION: "I move approval to submit a Water Quality Storm Water Capacity Grant application to Washington Department of Ecology. " (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 08/12/2010 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: July 17, 2015 TO: City of Federal Way City Council VIA: Jim Ferrell,Mayor Marwan Salloum, Public Works Directo 41"" FROM: Theresa Thurlow, Surface Water Manager F SUBJECT: Water Quality Storm water Capacity Grant BACKGROUND: With the exception of 2015, City of Federal Way applied for and received a Water Quality Storm Water Capacity Grant(Capacity Grant) from Washington Department of Ecology(DOE) since 2009. These grants have ranged from$50,000(2010)to 354,628 (2011). The Capacity grant funds are available to all requesting National Pollutant Discharge Elimination Systems(NPDES)permittees to implement stormwater programs as outlined under the NPDES permits. Examples of how City of Federal Way has utilized previous Capacity Grants are: development and implementation of Storming the Sound with Salmon school education partnership program, development and implementation of a stormwater utility asset management program,various water quality monitoring efforts as well as operational support for the maintenance and repair of Surface Water facilities. The grant award amount is dependent on funding provided to DOE by the Washington State Legislature. The ability to apply for the Capacity grant was dependent on the adoption of the Washington State 2015- 2017 Biennial budget. Surface Water Management Division was notified of the availability of grant funding too late to be included in the July LUTC meeting and that the application must be submitted to DOE by July 30, 2015. cc: Project File Day File COUNCIL MEETING DATE: July 21,2015 ITEM#: ( v CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE ETHICS BOARD POLICY QUESTION: Should the City Council re-appoint member to the City's Ethics Board? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney,.Ci Clerk DEPT: Mayor's Office Attachments: N/A Summary/Background: The Board of Ethics is comprised of three regular members and one alternate member. Members are appointed by the City Council and serve 3-year terms. Currently there is one alternate member in good standing with an expiring term who has applied to be re-appointed to a new three-year term. This term would run through June 30,2015. Options Considered: 1. Re-Appoint James Englund as alternate member of the Ethics Board to a term expiring June 30, 2018. 2. Direct the City Clerk to advertise for additional applicants to the Ethics Board. MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date CHIEF OF STAFF: N/A N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A PROPOSED COUNCIL MOTION: "I move the following appointment to the Ethics Board... " (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-10/01/2014 RESOLUTION#