PRHSPSC PKT 01-12-2016City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
January 12, 2016 City Hall
5:00 p.m. H lebos Conference Room
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: November 10, 2015
B. Arts Commission 2016 Work Plan
C. Arts Commission 2016 Contract for Services
D. Positive Tickets Program
E. Sale of 2 Retired FWPD 2009 Honda ST 1300P Police
Motorcycles
F. The Humane Society for Tacoma and Pierce County
Agreement for Shelter and Related Services
G. WTSC Target Zero Team Law Enforcement Liaison
Memorandum of Understanding
H. 1st Amendment to the Synergy Building Services, Inc.
Agreement
I. Buildings Bid for Town Square Park
J. Spray Park Installation Bid for Town Square Park
K. Pervious Concrete Bid for Town Square Park
Committee Members
Susan Honda, Chair
Dini Ducios
Martin Moore
K: \PRHSPS Committee \2016 \01122016 prhsps agenda.doc
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
Action
Council
Presenter
Page
or Info
Date
3
Action
N/A
Consent
Geddes
5
Action
1/19/16
Consent
Geddes
9
Action
1/19/16
Hwang
11
Information
Business
1/19/16
Consent
Hwang
15
Action
1/19/16
Consent
Hwang
17
Action
1/19/16
Consent
Hwang
25
Action
1/19/16
Consent
Ikerd
41
Action
1/19/16
Consent
Ikerd
45
Action
1/19/16
Consent
Ikerd
47
Action
1/19/16
Consent
Ikerd
49
Action
1/19/16
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
Sight Lighting Bid for Town Square Park
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
6. NEXT MEETING: February 9, 2016
7. ADJOURNMENT
Committee Members
Susan Honda, Chair
Dini Dudos
Martin Moore
K: \PRHSPS Committee \2016 \01122016 prhsps agenda.doc
Consent
Ikerd 51 Action 1/19/16
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
City of Federal Way
City Council
PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday November 5, 2015
5:00 P.M.
SUMMARY
Committee Members in Attendance: Chair Honda, Committee member Duclos, Committee member
Moore participated via phone
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Steve
Ikerd, Parks Deputy Director, Ray Gross, Emergency Manager, Ryan Call, Assistant City Attorney, and
Mary Jaenicke, Administrative Asst. 11.
Guests: None
Chair Honda called the meeting to order at 5:00p.m.
Public Comment: None
Commission Comment: None
Approval of Minutes
Committee member Duclos moved to approve the October minutes as written. Committee member
Moore seconded. Motion passed.
BUSINESS ITEMS
2015 Emergency Management Performance Grant Award
Mr. Gross reported that this is a FEMA grant to help assist local jurisdictions with enhancement and
sustainment of emergency management programs. The city has been participating in this grant for five
years. The amount of the grant is $47,208.00, which is an increase of $4,900.00. This grant is used to
help fund the Emergency Management Specialist position and CodeRed. The EMPG program requires a
50% match from the local jurisdictions. The matching grant will be matched via Mr. Gross's salary.
South King Fire, Lakehaven and the city are the three main agencies that use the grant. There are a total
of 150,000 minutes available to use for the CodeRed system. Committee member Duclos moved to
forward the 2015 Emergency Management Performance Grant to the November 17"', 2015 City
Council consent agenda for approval. Committee member Moore seconded. Motion passed.
Second Amendment to the JGM Technicla Services "On -Call" Electrical Agreement
Mr. Ikerd stated that this is a contract to amend the electrical contract for an additional two years with an
increase of $40,000 in compensation. The total amount of the contract is $140,000. Committee member
Duclos moved to forward the proposed agreement to the November 17, 2015 consent agenda for
approval. Committee member Moore second. Motion passed.
Ordinance: Update of the Federal Way Revised Code (FWRC) Regarding Fireworks
Mr. Call stated that after the last firework season, a house burned down, and they believe that it was due
to fireworks. The Mayor reviewed the code and decided that he would propose to the Council to increase
.the fine. The current fine is $100.00, and they would like to increase the fine to $250.00. Discussion was
held on whether or not the fine of $250.00 was enough. Mr. Call stated that the penalty is arbitrary, and
Council can decide what the penalty should be. Committee member Duclos stated that she would like the
penalty to be $500.00. She would also like the increased penalty to be advertised to the public, so that
they are aware of this increase. The committee would like to send out a strong message, so that people
K:\PRHSPS Committee\2015 \11102015 Mins.doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, November 10, 2015 Summary
Page 2
take this seriously. Mr. Call stated that local changes to the state statute have a mandatory wait period of
one year, so there would be plenty of time to educate people on the change. Committee member Duclos
moved to forward the proposed ordinance with the change to $500.00 for First Reading on
November 17, 2015. Committee member Moore seconded. Motion passed.
NEXT MEETING:
December 8, 2015
ADJOURNMENT
Meeting adjourned at 5:17p.m.
4
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Arts Commission 2016 Work Plan
POLICY QUESTION:
Should the City Council approve the Arts Commission 2016 Work Plan?
COMMITTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: PRCS
Attachments:
1. Proposed 2016 Arts Commission Work Plan
Options Considered:
1. Approve the Arts Commission 2016 Work Plan
2. Do not approve the Arts Commission 2016 Work Plan, and provide direction to staff
MAYOR'S RECOMMENDA ION: Option 1
MAYOR APPROVAL: la - .,DMECTOR APPROVAL: � R�
lCoM i e Council Initial/Date
'ti ate Initial/Date
CHIEF OF STAFF:
ttee Council
tiaMate I/f( j InitiaUDa
COMMITTEE RECOMMENDATION: I move to forward the Arts Commission 2016 Work Plan to the January 19,
2016 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2016 Work Plan. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
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COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION 2016 CONTRACT FOR SERVICES
POLICY QUESTION: Should the City Council approve the 2016 Arts Commission Contracts for Services
funding recommendations?
COMMITTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cody Geddes, Recreation Supervisor DEPT: PRCS
Attachments:
2016 Contract for Services Recommendation
Options Considered:
1. Approve the Arts Commission 2016 Contract for Services funding recommendations and forward to
the January 19, 2016 full City Council consent agenda for approval
2. Do not approve the Arts Commission 2016 Contract for Services, and provide direction to staff
MAYOR'S RECOMMENDA ION: Mayor recommends option 1
MAYOR APPROVAL: /; S- DIRECTOR APPROVAL: 4k4 /z_-
ommi a Council Initia l/Date
Initia I 'tial/Dat
CHIEF OF STAFF: .h S/itrt \ 1
Co )) Coun ' r/N �f
Init�allD Init' at
COMMITTEE RECOMMENDATION: I move to forward the 2016 Arts Commission Contract for Services funding
recommendations to the January 19, 2016 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2016 Contract for Services funding
recommendations.
(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 #
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COUNCIL MEETING DATE: January 19, 2016 _! — _ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: POSITIVE TICKET PROGRAM
POLICY QUESTION: N/A
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: January 12,
Council Committee — (PRHS &PSC) 2016
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
®
❑ City Council Business E] Resolution Other — Information Only
STAFF REPORT BY: Steve Neal, Deputy Chief DEPT: Police
Attachments:
1. PRHS &PSC Staff Memo
Options Considered:
1. Approve implementation of the program.
2. Do not approve.
MAYOR'S RECOMMENDATION: 1
MAYOR APPROVAL: D tCTOR APPROVAL:
C tte cil ' J Initial
CHIEF OF STAFF: if '&W
o tt ee Cound
COMMITTEE RECOMMENDATION: "I move to forward the Positive Ticket Program recommendation to the
January 19, 2016 Council agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to approve the Positive Ticket Program. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
11
CITY OF FEDERAL WAY.
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: January 12, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Positive Tickets Program
Background:
The Positive Tickets Program is a youth based program designed to foster a more positive and
trusting relationship between the police and our youth. The program enhances the department's
ongoing Community Oriented Policing efforts to "earn the public's trust," particularly with
young people in the community.
The program, issuing Positive Tickets to kids, was originally developed by Ward Clapham, who
retired as a superintendent for the Royal Canadian Mounted Police (RCMP) in Richmond B.C.
His program focused on the concept of finding kids doing good things and rewarding them with
"Positive Tickets" for their efforts.
The idea started with a simple vision: cops catching kids for doing things right. The vision is
based on the notion that police officers can prevent crime and human tragedy by helping point
kids in the right direction by simply bonding with them and building relationships of trust. By
proactively identifying and recognizing the positive behavior of young people, police officers can
become a community asset in their lives, helping reinforce positive youth development.
This program focuses on changing existing paradigms and creating new ones that inspire an
atmosphere of trust and respect. Imagine police officers catching kids for positive behavior.
Instead of handing out violations for negative behavior, cops would "catch" kids doing good
things and reward them with a Positive Ticket.
The program requires a partnership with individuals, businesses and the community at large to
acquire a variety of ticket items such as food, movies or entrances to fun things providing a great
alternative for kids. Individuals and organizations supplying tickets agree that there are no
strings attached with the tickets - discounts are not accepted. Individuals and organizations must
be committed to participate for "social profit," not financial gain in order to participate in the
program.
The Police Department is actively sharing the idea of a Positive Tickets Program with key
businesses in our community and looking for partners who are positive and enthusiastic about
helping the youth. A single organization simply cannot handle the scope of the program. We
will need a wide variety of ticket items from many different sources, such as recreation centers of
all kinds, restaurants, amusement parks, movie theaters and City and government organizations.
1
12
So far, the following businesses have agreed to participate in the program: Wild Waves, The
Commons Mall, Century Theaters, Federal Way Community Center, and Pattison's West Skating
Center.
Stephen Covey wrote: "The program is not primarily about the free tickets. It's about the
relationship between the adult giving the ticket and the youth receiving the ticket. Building
relationships of trust focuses on root problems that many kids experience. They desperately need
positive mentoring and guidance from adults, which many are lacking. The ticket is simply a
device that enables adults to build relationships with the kids. The ticket is the means to the end,
not the end itself."
The Positive Tickets Program is a cooperative effort between the police, elected officials,
community members, and businesses showing support to the youth in our community. The
outcome of the program is to enhance the City and Police Department's ability to build a positive
and trusting relationship with our community, particularly with our youth.
There will be no significant budgetary impact with this program. Any incidental costs will be
absorbed within the Police Department's budget.
13 2
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SALE OF TWO RETIRED FWPD 2009 HONDA ST1300P POLICE MOTORCYCLES.
POLICY QUESTION: Should the City of Federal Way sell two retired FWPD 2009 Honda ST1300P police
motorcycles to the Port Orchard and Poulsbo Police Departments?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Jan 12, 2016
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
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION: 1
MAYOR APPROVAL:
CHIEF OF STAFF:
APPROVAL: '- 7
Initial /
COMMITTEE RECOMMENDATION: "I move to forward the sale of two retired FWPD 2009 ST1300P police
motorcycles to the January 19, 2016 City Council Consent Agenda. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the sale of two retired FWPD 2009 Honda ST1300P
police motorcycles and authorize the Chief of Police to make the sale arrangements. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLEDIDEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
15
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: January 12, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Sale of two retired FWPD Honda ST1300P police motorcycles
Background
Patrol vehicles purchased by the City of Federal Way for use by the Police Department are
typically placed on a five -year replacement schedule. The traffic unit's Honda ST1300P
motorcycles are considered patrol vehicles and also placed on an identical five -year replacement
schedule. When the motorcycles rotate out of service and are decommissioned, they are stripped
of all police markings and equipment and sent to auction. The funds obtained at auction are
deposited back into the city's excess reserve fund and are utilized for future vehicle purchases.
Proposal
We propose the sale of two retired FWPD 2009 Honda ST1300P police motorcycles. These
motorcycles have rotated out of service and have been replaced with two 2015 Honda ST1300P
police motorcycles which were purchased using the state bid contractor for motorcycles. Two
smaller police agencies, Port Orchard and Poulsbo Police Departments, have agreed to purchase
one retired FWPD 2009 Honda ST1300P motorcycle each. The tentatively agreed on purchase
price, if approved by Council, is $ 14,000.00 ($7,000.00 for each motorcycle). This is a fair
market value for these motorcycles.
The anticipated income for a used 2009 Honda ST1300P at auction is between $3,500 and
$4,500. If sent to auction, the City would also incur the cost of stripping all police graphics ($50
each) and equipment ($370 each) prior to the sale, which is required by law.
The City would stand to benefit by almost $7,000 total by selling the motorcycles instead of
sending them to auction if we received the top anticipated price at auction. The City would
obviously benefit even more by the sale if we were to get less at auction. The sale would also
benefit the smaller police agencies of Port Orchard and Poulsbo who are not able to purchase
new police motorcycles, due to budgetary restraints.
16
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED
SERVICES
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into the 2016
Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services?
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: January 12,
Council Committee — (PRHS &PSC) 2016
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cathy Schrock Civilian Operation Manager DEPT: Police
Attachments:
1. PRHS &PSC Staff Memo
2. Humane Society Agreement
Options Considered:
1. Approve the Agreement
2. Do not approve.
MAYOR'S RECOMMENDATION: 1
MAYOR APPROVAL: . As , AIRECTOR APPROVAL:
Counci In
CHIEF OF STAFF: /` 4k ��^^
Co Knutt Council
COMMITTEE RECOMMENDATION: "I move to forward The Humane Society for Tacoma and Pierce County
Agreement for Shelter and Related Services to the January 19, 2016 Council consent agenda for approval. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to approve The Humane Society for Tacoma and Pierce County
Agreement for Shelter and Related Services and authorize the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
17
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: January 12, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Positive Tickets Program
The Federal Way Police Department (FWPD) has entered into an agreement with the Humane
Society for Tacoma and Pierce County since 2010. FWPD utilizes the Humane Society for
handling strays, impounded and unwanted companion animals, and the disposal of deceased
animals. The Society maintains complete and adequate records of operations involving all
Federal Way animals and agrees to make its records of investigations available for the City of
Federal Way's inspection.
In 2016, the City of Federal Way agrees to pay the Society $86.56 per animal and allow the
Society to retain all adoption, impound and other fees collected from the public for animals
accepted into the shelter.
This agreement will be in effect from January 1, 2016 through December 31, 2016.
1
18
THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY
AGREEMENT FOR SHELTER AND RELATED SERVICES
The parties to this contract are the CITY OF FEDERAL WAY, a political
subdivision of the state of Washington, hereinafter referred to as the "City of
Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE
COUNTY, a non - profit corporation formed and operating pursuant to RCW
16.52.020, hereinafter referred to as the "Society." The terms of this contract
shall cover the period from January 1, 2016, through December 31, 2016. In
consideration of the mutual benefits derived, the parties agree as follows:
THE SOCIETY AGREES:
(1) To furnish and maintain and to employ adequate staff for suitable
shelter for the handling of stray, impounded, and unwanted companion animals
turned over to the Society by the City of Federal Way or its residents.
Companion animals are specifically defined as dogs, cats, domestic birds,
domestic rabbits and small domestic rodents. Companion animals specifically
exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or
dangerous reptiles and wild or exotic animals. Such facility shall include cat
kennels and dog kennels, as well as facilities for the humane disposal of sick and
injured companion animals. The facility will provide disposal (rendering or
cremation) services for animals deceased upon arrival or during the time of
sheltering. Impounded animals, awaiting disposition by the courts will be held for
up to 15 days without additional charge. After 15 days, board will be charged to
City of Federal Way at the rate of $10.00 per day per companion animal.
(2) To keep the shelter staffed and open for the purposes of receiving
companion animals and allowing such animals to be redeemed during regular
business hours Monday through Saturday; PROVIDED THAT the Society shall
establish and maintain 7 -day per week, 24 -hour per day access for City of
Federal Way animal control officers to drop off companion animals or carcasses
outside of normal shelter hours. It is understood that this does not include
responsibility for care for sick or injured companion animals outside of normal
shelter hours.
(3) To provide licensing services for animals adopted or impounded at the
Humane Society shelter whose owner resides within the City of Federal Way.
The license service for will be provided during normal business hours, with no
time limitation. The Humane society shall maintain complete and adequate
records of all licenses issued and shall provide a timely report to the City listing
the name and address of the licensee and a description of the animal licensed.
The Humane Society will retain 100 percent of every license sold and payments
shall be made to the Humane Society, however a monthly rebate will be applied
to the sheltering contract fee equal to one third of the collected license revenue.
19 1
(4) To provide orientation and training to City of Federal Way animal
control officers and other City staff to the Society shelter and its admissions
policies, practices and other Society operations as appropriate.
(5) To maintain complete records of animals received and animals
disposed of on behalf of the City of Federal Way and other entities with whom the
City of Federal Way has contracted. The Society agrees to make its records of
investigations available for the City of Federal Way's inspection at reasonable
times, and to furnish reports of the Society's activities to the City of Federal Way,
and to provide, within reason, such other data as the City of Federal Way
requests and as may be inspected or requested by other entities with whom the
City of Federal Way has contracted. This means the Society at such times and in
such form as the City of Federal Way may require, shall furnish the City of
Federal Way with periodic reports pertaining to the work and services undertaken
pursuant to this Contract. The Society will make available to the City of Federal
Way all work - related records and documents for inspection, or evaluation during
normal business hours in order to assess performance, compliance and /or quality
assurance under this Contract.
(6) To provide access to computers for the City of Federal Way for Animal
Control Officers to enter data into the database software for animals picked up by
City of Federal Way Animal Control Officers.
(7) To provide basic blood draw, fecal sample, lab tests and weight at time
of admission for animals involved in cruelty investigation, per request of the City
of Federal Way Animal Control Officers. This service will be offered for cases of
one to two animals and may be repeated weekly as deemed necessary by the
Veterinarian staff at the Humane Society. The costs associated with the lab tests
will be born by the City of Federal Way through additional billings. Cruelty cases
involving more than 6 animals and /or needing detailed history and physical
exams need to be performed by an outside veterinarian of the City of Federal
Way's choice.
(8) To procure and maintain comprehensive general liability insurance,
and professional liability insurance with limits not less than $1,000,000.00
($1,000,000.00 bodily and personal injury and property damage insurance). The
City of Federal Way is to be named as an additional insured as respects this
contract and such insurance as is carried by the Society is primary over any
insurance carried by the City of Federal Way. In the event of a nonrenewal,
cancellation, or material change in the coverage provided, 30 days' written notice
will be furnished to the City of Federal Way prior to the date of nonrenewal,
cancellation, or change. Such notice shall be sent to the City of Federal Way,
Federal Way Police Department, at 33325 8th Ave South, Federal Way, WA,
98003. The City of Federal Way has no obligation to report occurrences unless a
claim is filed with the City of Federal Way, and the City of Federal Way has no
obligations to pay premiums on such insurance.
20 2
(9) To furnish equipment and supplies used in the performance of the
Society's obligations arising from this contract, except equipment and supplies
which the City of Federal Way expressly promises to furnish.
(10) The Society agrees to hold harmless, indemnify and defend the City
of Federal Way and its officers, officials and employees from any claim, liability,
lawsuit or legal judgment arising from or out of the negligent or tortuous actions or
inactions of the Humane Society in its performance of the activities and services
set forth herein in this agreement to be performed by the Society. The
Agreement to indemnify, defend and hold harmless the City of Federal Way by
the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment
arising from the sole negligence of the City of Federal Way.
(11) To allow City of Federal Way animal control officers to sanitize their
vehicles in accordance with Society practices.
(12) Non - discrimination. The Society agrees to take all steps necessary
to comply with all federal, state and City laws and policies regarding
nondiscrimination and equal employment opportunities. The Society shall not
discriminate in any employment action because of race, religion, color, national
origin or ancestry, sex, gender identity, sexual orientation, age, marital status,
familial status, or the presence of any sensory, mental, or physical handicap.
THE CITY OF FEDERAL WAY AGREES:
(1) To pay to the Society $86.56 per animal for the year 2016 based on
monthly billings from the Humane Society on net 30 days from date of receipt.
Any payment in full over 60 days late may cause a suspension of service and will
automatically be charged a 1 percent penalty.
(2) To allow the Humane Society to retain all adoption, impound, board,
fines and other fees collected from the public for animals accepted into the shelter
since the Society has factored retention of such fees into the cost of the contract.
(3) To provide the Humane Society all licenses and licensing material for
the City of Federal Way and other entities with whom the City of Federal Way has
contracted with.
(4) Until the Humane Society accepts the animal, the City of Federal Way
is responsible for all after -hours emergency care of any animal that it impounds.
The City of Federal Way will be responsible for payment of care for impounded
animals taken by the City of Federal Way after hours to veterinary clinics by its
Animal Control officers. During hours that the Shelter is open, the Society
normally has a veterinarian available to provide veterinary care; however, in the
event that the Humane Society does not have a veterinarian available to provide
21 3
veterinary care at the Shelter, any animals needing such care during such times
shall be the responsibility of the City of Federal Way. The Society shall
immediately inform Civilian Operations Manager Cathy Schrock when the Society
does not have a veterinarian available to provide veterinary care at the Shelter
and the expected duration. The City of Federal Way is responsible for
transporting the animal from any veterinary clinic to the Humane Society once the
animal is stabilized.
(5) The City of Federal Way animal control officers will completely and
accurately perform the data input required for shelter admission as well as scan
each animal for microchips Officers must also administer canine vaccines
provided by the Society to animals dropped off at the shelter as required by
shelter admissions policy, with the exception of when City of Federal Way animal
control officers have an emergency situation or the dog's behavior is dangerous,
provided the officer notes the exception on the medical. The Society will provide
the necessary training for the vaccinations and computer intake requirements.
The Society will create the shelter admissions policy and provide it to the City of
Federal Way.
(6) To hold the Society harmless from any damages or attorneys' fees or
costs incurred by the Society, as a result of litigation which (a) names the Society
and (b) involves a City of Federal Way ordinance that is declared illegal or
unenforceable and upon which the Society relied in the performance of its
obligations under this agreement.
MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto
agree to the following conditions:
(1) All persons employed by the Society to perform its obligations under
this contract shall be employees of the Society and not of the City of Federal
Way.
(2) Either party can terminate this contract upon 180 days' written notice;
provided that either party may terminate this contract upon 60 days' written notice
for breach of any material clause herein. To facilitate timely renewal or
termination, the parties agree to commence negotiations for the 2017 contract by
August 1, 2016, and to gather and provide to each other all pertinent data
reasonably necessary to meaningfully negotiate.
(3) If this contract is not renewed or terminated by the expiration date of
this contract, it shall remain in full force and effect on a month -to -month basis with
a 5 percent rate increase, in accordance with the terms of this contract.
(4) Modification. This instrument constitutes the entire Agreement
between the parties and supersedes all prior agreements. No modification or
amendment shall be valid unless evidenced in writing, properly agreed to, and
signed by both parties. In the event either party shall desire to renegotiate any
22 4
provision of the agreement, the party shall provide 90 days' notice to the other
party. The notice shall identify the provision or provisions to be renegotiated, the
requested changes, and shall state the reasons for the request. The party
receiving the request shall respond in writing on or before the end of the 90 -day
period.
(5) Notices. All notices, requests, demands and other communications
required by this Agreement shall be in writing and, except as expressly provided
elsewhere in this Agreement, shall be deemed to have been given at the time of
delivery if personally delivered or at the time of mailing if mailed by first class,
postage pre -paid and addressed to the party at its address as stated in this
Agreement or at such address as any party may designate at any time in writing.
Notice to City of Federal Way shall be sent to:
For animal control issues:
Tracy Grossnickle, Police Lieutenant
Tracy grossnickle ncityoffederalway.com
253 - 835 -6736
333258 th Ave South
Federal Way, WA 98003 -9718
For licensing or payment issues:
Cathy Schrock, Civilian Operations Manager
Cathy. sch rock(a)- cityoffed e ra Iway. co m
253 - 835 -6850
333258 1h Ave South
Federal Way, WA 98003 -9718
Notice to the Society shall be sent to:
Executive Director
2608 Center Street
Tacoma, WA 98409
(6) Litigation Costs and Fees. In the event of litigation concerning the
terms of or performance under this Agreement, the prevailing party, in addition to
costs, shall be entitled to reasonable attorneys' fees as determined by the court.
(7) Benefits. This Agreement is entered into for the benefit of the parties
to this Agreement only and shall confer no benefits, direct or implied, on any third
persons.
End of Agreement. Signature page immediately following.
23
XX. Authority to Sign. The individuals signing below on behalf of Humane
Society and the City of Federal Way represent and warrant that they each have
the requisite power and authority to enter into this Agreement on behalf of their
respective organizations.
DATED this day of
THE HUMANE SOCIETY FOR CITY OF FEDERAL WAY
TACOMA AND PIERCE COUNTY
Executive Director
Kathleen Olson
City Mayor
Jim Ferrell
Attest:
City Clerk
Approved as to form and legality:
City Attorney
24 6
COUNCIL MEETING DATE: January 12, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) TARGET ZERO TEAM (TZT) LAW
ENFORCEMENT LIAISON (LEL) MEMORANDUM OF UNDERSTANDING.
POLICY QUESTION: Should the City of Federal Way accept the terms of the WTSC TZT LEL MOU renewing
Lieutenant Kurt Schwan as the regional Law Enforcement Liaison and accept up to $1,200.00 in WTSC grant
funds to be utilized by the LEL?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 01/05/2016
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
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: / i DIRECTOR APPROVAL:
C i Initial
CHIEF OF STAFF: ��. J4 i l t1
C Council
COMMITTEE RECOMMENDATION: "I move to forward the WSTC Target Zero Team (TZI) Law Enforcement
Liaison (LEL) MOU to the January 12, 2016 City Council Consent Agenda. "
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the WSTC Target Zero Team (IZI) Law Enforcement
Liaison (LEL) MOU and authorize the Chief of Police to sign such purchase 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- 08/122010 RESOLUTION #
25
CITY OF FEDERAL WAY
CITY COUNCIL COMNIITTEE STAFF REPORT
DATE: January 12, 2016
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Washington Traffic Safety Commission (WTSC) Target Zero Team (TZT) Law
Enforcement Liaison (LEL) Memorandum of Understanding.
Background
The Federal Way Police Department is an active member of the regional WTSC TZT
enforcement emphasis. The FWPD utilizes funds provided by the WTSC to conduct
enforcement mobilizations throughout the year. These mobilizations include Holiday DUI
patrols: U text U drive U pay patrols, Click it or Ticket patrols, Cell Phone patrols, and Summer
DUI patrols. For the past several years, FWPD has been and continues to be a statistical leader
for these sponsored enforcement activities in south King County.
With the implementation of the `Nick and Derek DUI and Distracted Driving Enforcement
Project' the City of Federal Way continues to lead by example. Acknowledging the threat to our
community when people drive while intoxicated or distracted, the city funded this program over
and above the funding received from the WTSC in order to make our streets safer.
Proposal
The WTSC has recognized the efforts of Federal Way Police Department to be a leader in traffic
safety for south King County and wishes to renew its appointment of FWPD Traffic Lieutenant
Kurt Schwan as the regional WTSC Law Enforcement Liaison (LEL). The LEL's
responsibilities are as following; • Lead the development of multijurisdictional high visibility enforcement mobilization
plans
• Coordinate mobilization briefings
• Lead news media efforts for Target Zero Team mobilizations
• Produce quarterly and annual reports documenting their TZT involvement
These responsibilities will not interfere with Lt. Schwan's other traffic unit commitments and
responsibilities.
We ask that the City of Federal Way agree to the terms of the WTSC TZT LEL memorandum of
understanding, which includes up to $1,200.00 in additional WTSC grant funding to be utilized
by the LEL.
2d
INTERAGENCY AGREEMENT
BETWEEN
LAW ENFORCEMENT LIAISON — LIEUTENANT KURT SCHWAN — FEDERAL WAY POLICE DEPARMENT
AND
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT is made and entered into by and between the LAW ENFORCEMENT LIAISON — Kurt
Schwan — Federal Way Police Department, hereinafter referred to as "LEL," and the Washington Traffic
Safety Commission, hereinafter referred to as "WTSC."
THE PURPOSE OF THIS AGREEMENT is to provide funding for the LEL to collaborate with local jurisdictions
in promoting Target Zero.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The Law Enforcement Liaison (LEL) program shall provide an opportunity to work with state and local
organizations to develop and implement statewide initiatives focusing on traffic safety education and law
enforcement as described in the Statement of Work attached in Exhibit A.
PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence on October 1, 2015 and remain in effect until
September 30, 2016 unless terminated sooner, as provided herein.
COMPENSATION
Compensation for the work provided in accordance with this Agreement has been established under the terms
of RCW 39.34. The cost of accomplishing the work described in the Statement of Work will not exceed
$1,200.00 TWELVE HUNDRED DOLLARS. If the CONTRACTOR intends to charge indirect costs, submission
of a cost allocation plan or a Federal cognizant agency letter is required. Payment for satisfactory performance
of the work shall not exceed this amount unless the parties mutually agree to a higher amount. The following
summarizes total project costs under this Agreement.
Summary of costs
Amount
Employee salaries and benefits
Travel (includes in -state and out -of -state travel)
Equipment* (specify equipment in the table below)
TOTAL
1,200.00
STATE AND FEDERAL TERMS AND CONDITIONS:
ACTIVITY REPORTS
The CONTRACTOR agrees to submit quarterly reports and a final report on the activity of this project in the
form provided by the WTSC entitled "Traffic Safety Project Report" and incorporated by reference as Exhibit B.
Final reports are to be detailed and must describe whether the project objectives were accomplished, if
technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or
probably will result. Included in the final report will be copies of publications, training reports and any statistical
data generated in project execution. The final repo5is to be submitted to WTSC within 30 days of termination
of this Interagency Agreement.
ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be
made by the WTSC.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the party, which
consent shall not be unreasonably withheld. The CONTRACTOR shall provide the WTSC a copy of all third -
party contracts and agreements entered into for purposes of fulfilling the Statement of Work outlined in Exhibit
A. All third -party awards must allow for the greatest practical competition in accordance with applicable
procurement rules and procedures.
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Agreement terms, each party agrees to bear its own
attorney fees and costs.
BILLING PROCEDURE
The CONTRACTOR shall submit invoices for reimbursement with supporting documentation to WTSC
monthly. All invoices for reimbursement shall be submitted using the A -19 attached as Exhibit C or its pre -
approved equivalent. Payment to the CONTRACTOR for approved and completed work will be made by
warrant or account transfer by WTSC within 30 days of receipt of the invoice. Upon expiration of the
Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date
of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be
received by WTSC no later than August 15. All invoices for goods or services performed on or prior to
September 30, must be received by WTSC no later than November 15.
BUY AMERICA ACT
The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains
the following requirements:
Only steel, iron and manufactured products produced in the United States may be purchased- -with- Federal------- -
funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent
with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that
inclusion of domestic materials will increase the cost of the overall project agreement by more than 25 percent.
Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to
and approved by the Secretary of Transportation.
CONFIDENTIALITY / SAFEGUARDING OF INFORMATION
The CONTRACTOR shall not use or disclose any information concerning the WTSC, or information which may
be classified as confidential, for any purpose not directly connected with the administration of this agreement,
except with prior written consent of the WTSC, or as may be required by law.
COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of OMB 2 CFR Part 225 and 49 CFR Part 18
for state and local agencies, OMB Circulars A -21 and A -110 for educational institutions, and OMB Circular A-
122 for nonprofit entities. The CONTRACTOR shall nA utilize Federal grant funds to replace routine and /or
existing State or local expenditures; or utilize Federal grant funds for costs of activities that constitute general
expenses required to carry out the overall responsibilities of State, local, or Federally- recognized Indian tribal
governments.
COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or
secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
CONTRACTOR for the purpose of securing business. The V TSC shall have the right, in the event of breach
of this clause by the CONTRACTOR, to annul this agreement without liability or, in its discretion, to deduct
from the agreement price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fee.
DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
1. By signing and submitting this proposal, the CONTRACTOR (hereinafter in this section referred to as
"prospective lower tier participant ") is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. 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 meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person
to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48
CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or agency with which this transaction originated.
-&.-The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier
Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions. (See below)
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under
48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the List of Parties Excluded from Federal Procurement and Non - procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings. 29
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and /or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board
shall review the facts, agreement terms and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an
alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
DRUG -FREE WORKPLACE
In accordance with the Drug -Free Workplace Act of 1988 (41 USC 8103 and 42 USC 12644), the
CONTRACTOR shall publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and shall specify the
actions that will be taken against employees for violation of such provision. The CONTRACTOR shall
establish a drug -free awareness program and require that employees provide notification of any criminal drug
statute conviction for a violation occurring in the workplace no later than five days after such incident. The
CONTRACTOR shall notify WTSC within ten days after such notification by an employee engaged in the
performance of the grant. Within 30 days, the CONTRACTOR will take appropriate personnel action against
such employee, up to and including termination, and require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law
enforcement, or other appropriate agency.
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with- FFATA, the CONTRACTOR shall, upon request, provide WTSO- the- -narnes- and -total
compensation of the five most highly compensated officers of the entity if:
(i) the entity in the preceding fiscal year received-
(. 80 percent or more of its annual gross revenues in Federal awards;
II. $25,000,000 or more in annual gross revenues from Federal awards; and
(ii) the public does not have access to information about the compensation of the senior executives of the
entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or
section 6104 of the Internal Revenue Code of 1986;
FEDERAL LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract 38,e making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules;
b. Terms and Conditions of this agreement;
c. Any Amendment executed under this Agreement;
d. Any Statement of Work executed under this Agreement; and
e. Any other provisions of the agreement, including materials incorporated by reference.
INCOME
Income earned by the CONTRACTOR with respect to the conduct of the Statement of Work (e.g. sale of
publications, registration fees, service charges) must be accounted for and income applied to project purposes
or used to reduce project costs.
INDEMNIFICATION
To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend, and hold harmless state,
agencies of state and all officials, agents and employees of state, from and against all claims for injuries or
death arising out of or resulting from the performance of the Agreement. The CONTRACTOR's obligation to
- - - indemnify, defend;- and- -hold harmless includes any claim by the COMTRAC OR's agents,- employees, --
representatives, or any subcontractor or its employees.
The CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the state for any claim arising
out of or incident to CONTRACTOR's or any subcontractor's performance or failure to perform the Agreement.
The CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless state and its agencies, officials, agents or employees.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or
agents of the other party.
INDUSTRIAL INSURANCE COVERAGE
31
The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the WTSC may collect from the CONTRACTOR the full amount
payable to the Industrial Insurance accident fund. The WTSC may deduct the amount owed by the
CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the WTSC under this
Agreement, and transmit the deducted amount to the Department of Labor and Industries, (L &I) Division of
Insurance Services. This provision does not waive any of L &I's rights to collect from the CONTRACTOR.
LICENSING, ACCREDITATION AND REGISTRATION
The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements /standards, necessary for the performance of this Agreement.
NONDISCRIMINATION
The CONTRACTOR will comply with all Federal statutes and implementing regulations relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), which prohibits discrimination on the basis of race,
color or national origin (and 49 CFR Part 21);
(b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683 and 1685- 1686), which
prohibits discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with
Disabilities Act of 1990 (Pub. L. 101 -336), as amended (42 U.S.C. 12101, et seq.), which prohibits
discrimination on the basis of disabilities (and 49 CFR Part 27);
(d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on
the basis of age;
(e) the Civil Rights Restoration Act of 1987 (Pub. L.100 -259), which requires Federal -aid recipients and all
subrecipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities;
(f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(Pub. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
(h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd -3 and
290ee -3), relating to confidentiality of alcohol and drug abuse patient records;
(i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to
nondiscrimination in the sale, rental or financing of housing;
(j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal
assistance is being made; and
(k) the requirements of any other nondiscrimination statute(s) which may apply to the application.
In the event the CONTRACTOR is in non - compliance or refuses to comply with any nondiscrimination law,
regulation, or policy, this Agreement may be rescinded, canceled or terminated in whole or in part, and the
- -- - CONTRACTOR may-be declared ineligible for further contracts with the WTSG�- -The- £ONTRACTOR shall,
however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in
accordance with the "Disputes" procedure set forth herein.
POLITICAL ACTIVITY (HATCH ACT)
The CONTRACTOR will comply with provisions of the Hatch Act (5 U.S.C. 1501 -1508) which limits the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly
32
authorized by the parties shall have full access and the right to examine any of these materials during this
period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will
remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it a
reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties.
REGISTRATION WITH DEPARTMENT OF REVENUE
The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this Agreement.
RIGHT OF INSPECTION
The CONTRACTOR shall provide right of access to its facilities to the WTSC, or any of its officers, or to any
other authorized agent or official of the state of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and /or quality assurance under this Agreement.
The CONTRACTOR shall make available information necessary for WTSC to comply with the client's right to
access, amend, and receive an accounting of disclosures of their Personal Information according to the Health
Insurance Portability and Accountability Act of 1996 ( HIPAA) or any regulations enacted or revised pursuant to
the HIPAA provisions and applicable provisions of Washington State law. The CONTRACTOR shall upon
request make available to the WTS and the U.S. Secretary of the Department of Health & Human Services all
internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of
Personal Information obtained or used as a result of this Agreement.
RIGHTS IN DATA
Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the
U.S. Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event the Materials
are not considered "works for hire" under the U.S. Copyright laws, the CONTRACTOR hereby irrevocably
assigns all right, title, and interest in data, including all intellectual property rights, to the WTSC effective from
the moment of creation. Data shall include, but not be limited to data, reports, documents, pamphlets,
advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound
reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these
rights.
The CONTRACTOR may publish, at its own expense, the results of project activities without prior review by the
WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support
provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or
invention derived from work performed under this project shall be referred to the WTSC, who will determine
through NHtT&Awhether patent protections will be sought, how any rights will be administeredj-and- other
actions required to protect the public interest.
SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the
effective date of this Agreement and prior to normal completion, the WTSC may terminate the Agreement
under the "Termination for Convenience" clause, without the ten day notice requirement, subject to
renegotiation at the WTSC's discretion under those new funding limitations and conditions.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable.
SITE SECURITY 33
While on AGENCY premises, the CONTRACTOR, its agents, employees, or subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
STATE LOBBYING
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots ") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
TAXES
All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or
other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TERMINATION
Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. 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.
TERMINATION FOR CAUSE
If, for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either party violates any of these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or
failure within fifteen (15) working days. If failure of violation is not corrected, this Interagency Agreement may
be terminated immediately by written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, the WTSC may, by 10 days written notice, beginning on the
second day after the mailing, terminate this Agreement in whole or in part. If this Agreement is so terminated,
the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or
goods delivered prior to the effective date of termination.
TREATMENT OF ASSETS
1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a
direct item of cost under this Agreement, shall pass to and vest in the WTSC upon delivery of such
property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the
CONTRACTOR under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of
suet}- property in the performance -of this- Agreement—,or (iiycommencement-of-use of such property-in-the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part,
whichever first occurs.
2. Any property of the WTSC furnished to the CONTRACTOR shall, unless otherwise provided herein or
approved by the WTSC, be used only for the performance of this Agreement.
3. The CONTRACTOR shall be responsible for any loss or damage to property of the WTSC which results
from the negligence of the CONTRACTOR or which results from the failure on the part of the
CONTRACTOR to maintain and administer that property in accordance with sound management practices.
4. If any WTSC property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the
WTSC and shall take all reasonable steps to protect the property from further damage.
5. The CONTRACTOR shall surrender to the WTSC all property of the CONTRACTOR prior to settlement
upon completion, termination or cancellation of this Agreement.
6. All reference to the CONTRACTOR under this clause shall also include CONTRACTOR 's employees,
agents or Subcontractors.
7.
34
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
DESIGNATED CONTACT
The following named individuals will serve as designated contacts for each of the parties, for all
communications and billings regarding the performance of this Agreement:
The Contact for the CONTRACTOR is:
The Contact for WTSC is:
Lieutenant Kurt Schwan
Edica Esqueda, Program Manager
Traffic Unit
Washington Traffic Safety Commission
Federal Way Police Department
621 8 Ave /POB 40944
621 8th Ave/POc.40944
333258 th Ave South
Olympia, WA 98504
Federal Way, WA 98003
(0) 360- 725 -9886
kurt. schwa n Ca)-cityoffede ralway. com
(F) 360 - 586 -6489
253 - 835 -6875
IN WITNESS WHEREOF, the parties have executed this Agreement.
FEDERAL WAY POLICE DEPARTMENT
Signature
Andy Hwang
Printed Name
Chief of Police
Title Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Chris Madill
Printed Name
Deputy Director
Title Date
35
Exhibit A
STATEMENT OF WORK
The LEL encourages law enforcement officers and leaders to support the enforcement of traffic safety laws,
particularly those dealing with impaired driving, occupant protection, distracted driving, and speed
management. Additional activities include collaboration with other highway safety partners and stakeholders.
The position involves the following actions:
• Lead evidence -based efforts to reduce motor vehicle crashes, fatalities, and serious injuries
• Communication and coordination of law enforcement highway safety activities in collaboration with the
local Region Target Zero Manager, Statewide LEL and WTSC Program Manager as well as allied
highway safety organizations.
• Active supporters for development and implementation of highway safety plans, programs, and
budgets.
• Recruiting law enforcement participation in highway safety activities and programs that enhance the
success of achieving the WTSC highway safety goals and objectives
A. PRIMARY RESPONSIBILITIES
1. Support the Target Zero Manager in the recruitment and coordination of law enforcement
participation and reporting during emphasis patrols
2. Ensure law enforcement officers have adequate understanding of High Visibility Enforcement (HVE)
strategies, required participation elements, expected results and related communication tasks
3. Assist in the collection of pre- and post -event data and reports
4. Provide guidance on effective traffic safety enforcement strategies
5. Provide support for promoting proven highway safety countermeasures and enforcement strategies
6. Coordinate with the Statewide LEL for information on traffic safety training, data trends, and other
projects
B. ALLOWABLE COSTS
1. WTSC will reimburse for overtime at 1.5 times officer's normal rate plus AGENCY's contributions to
employee benefits including FICA, Medicare, Worker's Compensation and unemployment. The total
cost of salary and benefits shall not be exceeded in any one funding category and funds may not be
commingled between campaign areas.
2. Incidental costs such as copying, phone calls, equipment purchases, etc., must be approved in
advance by WTSC.
3. Equipment may be purchased at the documented hourly rate of the LEL in lieu of overtime.
4. Prior approval for any equipment purchases must be obtained in writing from WTSC and such
requests shall be accompanied by a completed time log (Exhibit D).
5. WTSC will reimburse for travel, and training expenses as needed at the state per diem rate.
6. No salaries and benefits for the trainee or his /her backfill qualify for reimbursement.
36
Exhibit B
FORM _ STATE OF WASHINGTON
.. .
A 19 INVOICE VOUCHER
(Rev. 4/l/13)
AGENCY NAME
WA Traffic Safety Commission
PO BOX 40944
Olympia WA 98504 -0944
VENDOR OR CLAIMANT (Warrant is to be payable to)
(Please fill in mailing address matching Fed ID #)
■►Statewide Vendor #
AGENCY USE ONLY
AGENCY NO. LOCATION CODE P.R. OR AUTH. NO.
2280
For INTERNAL USE ONLY
DATE.
PROJECT #:
APPROVED BY:
INSTRUCTIONS TO VENDOR OR CLAIMANT: Submit this form
to claim payment for materials, merchandise or services. Show
complete detail for each item.
BY
(Approval Signature & Title)
(Print Name) (Date)
FEDERAL I.D. # OR SOCIAL SECURITY #. (For reporting Personal Services Contract Payments to I.R.S. CCF1FDA #
7
UNIT FOR AGENCY
DATE DESCRIPTION QUANTITY PRICE AMOUNT USE
TOTAL* I y I y �1
PREPARED BY TELEPHONE NUMBER
E IPMT DUE I CURRENT DOC. I REF DOC. I VENDOR N
DATE NO-
MI
MASTER INDEX i 3Ue SUB i ORG IWORKCLAS'ICOUNT)
0 FUND APPN PROGRAM _ SUB ary ... -- I BUDGET
TE
37
VENDOR
CITYlTOWN;PROJEC SUB PROJ I
mos i T IPROJ_ PHAS_L AMOUNT
TOTAL
UBI NUMBER
INVOICE NUMBER
Exhibit C
WASH IN G T ON
Mi Tra)*
Cl
c 0 M M I S S I G N
Traffic Safety Project Report
Agency:
Date Submitted:
Project Title:
WTSC Contract Number:
Report Submitted By:
Grantee Contract Number (if applicable):
Quarterly Report Number:
❑1st Quarter Report Oct. 1 — Dec. 31 Due on Jan. 15
U2 °°
Quarter Report
Jan. 1 — Mar. 31
Due on Apr. 15
E13 rd
Quarter Report
Apr. 1 — Jun. 30
Due on Jul. 15
❑4 th
Quarter Report
July 1 — Sept. 30
Due on Oct. 15
Other Report:
❑Final Report Due within 30 days of project close
(2) Activity — Briefly describe project activity for this reporting period (Include relevant milestones and
deliverables).
(3) Goals — Briefly describe how project activity has contributed to accomplishing the stated goals (as included
in the original proposal) of the project.
(4) Problems or Favorable Developments — Briefly describe any problems that impair your ability to
accomplish project goals and any favorable developments that will allow you to meet timelines and objectives
sooner or at less cost than anticipated.
(5) If applicable, include reports or status updates from contractors (3rd party service providers) and any
summary documents or publications created.
Exhibit D
t&0 tiv
STATE OF WASHINGTON
WASHINGTON TRAFFIC SAFETY COMMISSION
621 e Avenue SE, Suite 409., PO Box 40944, Olympia, Washington 98504 -0944. (360) 753 -6197
LEL Hours for Equipment Log
Agency
Total Hours
Date Officer Start Time End Time Worked
I (printed name) certify under penalty of perjury, the above officer(s) did work on
the dates and hours listed on this form. Records of this activity are maintained in accordance with agency
policy. These records will be made available for review upon request.
Supervisor
Date
Email Phone Number.
39
W A S H I N G 'I' O N
Tr4& Safety
C O M M I S S I O N
Agency: Federal Way Police Department
Project Number: 2015/2016 LEL
Acknowledgement of WTSC Grant Requirements
When the authorizing official and the project manager sign the application for a WTSC
grant, they agree to comply fully with the terms and conditions set forth in the contract
as well as additional federal requirements outlined in the Electronic Code of Federal
Regulations for Federal Grants and Agreements: (http: / /www.ecfr.gov /cgi- bin /text-
idx? tpl= /ecfrbrowse/Title02 /2cfr200 main 02.tpl).
The WTSC provides all grant recipients an opportunity to ask questions or discuss
concerns about the terms and conditions of the grant. This opportunity may consist of
an in- person meeting or conference call, depending on the complexity of the project and
the recipient's level of experience with federal grants. Once this opportunity has been
provided, the grant recipient's project manager certifies to the grant requirements,
including the following elements:
•
Contract Provisions
o Billing procedure
o Project Reporting
o Nondiscrimination
o Drug -Free workplace
o State Lobbying
o Political activity /Hatch Act
o Suspension & debarment
o Contract Termination
o Buy America Act
o Federal Lobbying
•
Project changes and amendments
•
Quarterly and final reports
•
Third-party contracts
•
Indirect costs (Cost Allocation Plan or Federal Cognizant
Agency rate approval letter)
•
Project Income Requirements
•
Promotional /Incentive Item Purchase Restrictions
•
Equipment urchases (approval and tracking requirements)
Travel rules (State Administrative & Accounting Manual-http://ofm.wa.gov/policy/lO.htm)
•
Light Refreshments Policy (WTSC Policy #7.5- htt
: / /wtsc.wa. ov /resources/ olicies-
•
Single audit requirements
•
Time keeping requirements
I understand the items listed above or they have been explained to me by
representatives of the Washington Traffic Safety Commission.
Project Manager (Grant Recipient)
40
Date
COUNCIL MEETING DATE: January,$; 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FIRST AMENDMENT TO THE SYNERGY BUILDING SERVICES, INC. AGREEMENT
POLICY QUESTION: Should the City Council authorize a first amendment to the Synergy Building Services,
Inc. Agreement? t / t -L, 1 L
T
COMMITTEE: PRHSPS MEETING DATE: Dor. 4n+Pr
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Ikerd, Parks Deputy Director _ _ DEPT: Parks
Attachments: Synergy Building Services, Inc. I" Amendment
Options Considered:
1). Authorize a first amendment to the Synergy Building Services, Inc. Agreement by extending their term an
additional two years and increase the compensation $99,200 for a contract total of $198,400.00.
2). Do not authorize a first amendment and provide direction to staff.
MAYOR'S RECOMMEN IO : Option 1
MAYOR APPROVAL: .• DIRECTOR APPROVAL: 4IA44
Commmee ouncit
' Initia to
ln"' I/D3t InitiaUDate
CHIEF OF STAFF: pr,.�• /t j stn
Co it Coun
I gal ate 1. to
COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the January r, 2016 consent
agenda for approval.
omml ee air - -- ommi -- ee
-N1ember - Commi ee em er
PROPOSED COUNCIL MOTION: "I move approval of the Synergy Building Services, Inc. First Amendment,
effective January 1, 2016 through December 31, 2017 with a total compensation of $198,400.00, and authorize
the Mayor to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
• APPROVED COUNCIL BILL #
• DENIED Is-r reading
• TABLED/DEFERREDNO ACTION Enactment reading
• MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 1/2015 RESOLUTION #
91
CITY OF CITY HALL
33325 8th Avenue South
Federal Way, WA 98003 -6325
,Fed ral Way (253) 835 -7000
MVVV c itvofK?d-- raAVdy C0!n
AMENDMENT NO. 1
TO
JANITORIAL AGREEMENT
FOR
CITY HALL JANITORIAL SERVICES
This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal
corporation ( "City "), and Synergy Building Services, Inc., a Washington corporation ( "Contractor "). The City and
Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the
original Agreement for City Hall Janitorial Services ("Agreement ") dated effective February 24, 2014, as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than December 31, 2017 ( "Amended Term ").
2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B -1, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall
be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance
and payment of this Agreement.
3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by This Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous'expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
42
AMENDMENT - 1 - 1/2015
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, lrir'A 98003 -6325
(253) 835 -7000
sww. .cjNvilederanvaYco n
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
Jim Ferrell, Mayor
DATE:
SYNERGY BUILDING SERVICES, INC.
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Stephanie Courtney, CMC
APPROVED AS TO FORM:
City Attorney, Amy Jo Pearsall
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes there��rn mention d, and on oath stated that he /she was anthoriv d to execute said instniment
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
AMENDMENT
Notary's signature
Notary's printed name
43
-2-
►M
Notary Public in and for the State of Washington.
My commission expires
1/2015
CITY OF ay
Federal W
EXHIBIT B -1
ADDITIONAL COMPENSATION
CITY HALL
33325 8th avenue South
Federal flay, VVA 98003 -6325
(253) 835 -7000
Wriw: e:rWfh_,deraAuavcorr,
1. Total Compensation: In return for the Services during the term as amended in Amendment No. 1, the City
shall pay the Contractor an additional amount not to exceed Ninety -Nine Thousand Two Hundred and NO /100
Dollars ($99,200.00). The total amount payable to Contractor pursuant to the original Agreement, all previous
Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety -Eight Thousand Four
Hundred and NO/100 Dollars ($198,400.00).
2. Payout Schedule:
City Hall .................... $3,550.00 per month = $42,600 per year
Police storage office ........... $50.00 per month = $600 per year
Park/ PW Maint. Facility.....$450.00 per month = $5,400 per year
Additional services shall be paid out at $27.00 per hour with $2,000 additional funds in the contract for any City
requested extra services.
44
AMENDMENT - 3 - 1/2015
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: BID FOR THE BUILDINGS AT TOWN SQUARE PARK
POLICY QUESTION: Should the City accept the bid results for RFB 15 -012; Town Square Park Buildings and
authorize the Mayor to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY' Stephen Ikerd Deputy Parks Director DEPT: Parks
Attachments: 2016 Buildings Bid Memo for RFB 15 -012
Options Considered:
1. Authorize a bid award for the buildings at Town Square Park in the amount of $373,997.49 which
includes 10% contingency to American Guaranteed Roofing & Construction and authorize the Mayor to
execute said agreement. (This amount is already presently included in the approved budget. To be clear
this is not additional money).
2. Do not authorize a bid award for the buildings at Town Square Park to American Guaranteed Roofing &
Construction and provide direction to staff.
MAYOR'S RECOMMENDAXWN� Option 1
MAYOR APPROVAL X DIRECTOR APPROVAL: -
Co �tte ciI & e
Initial/Date Inifi=e
CHIEF OF STAFF: Iq
C counc
Ini • ate Initi
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the buildings at Town
Square Park in the amount of $373,997.49 to American Guaranteed Roofing & Construction and authorize the
Mayor to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the buildings at Town Square
Park in the amount of $373,997.49 to American Guaranteed Roofmg & Construction and authorize the Mayor
to execute said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS-OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL. BELL #.
13 DENIED 1� reading
13 TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED —12015 RESOLUTION #
45
CITY OF
t Federal Way
Parks Department
Date: Jan 8, 2016
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 - Buildings
Background:
Staff solicited bids for improvements to Town Square Park as part of a phased
development plan requiring multiple requests for bids. This bid includes the ground work
and all related construction for the restroom building and the picnic shelter.
Staff advertised and also sent to the local plan centers RFB 15 -012. Eleven (11)
companies responded by submitting the following bids including tax:
1.
American Roofing
$339,997.72
2.
Rod McConkey
$354,242.50
3.
Danneko Const.
$363,102.00
4.
Gall Construction
$369,813.00
5.
American Coatings
$387,082.50
6.
Stetz Construction
$399,500.00
7.
Pacific West
$414,457.00
8.
Collaborative Const.
$427,840.59
9.
Weleck Const.
$446,872.00
10.
Westm ark
$452,386.11
11.
Henderson Partners
$486,726.40
Recommendation:
Staff evaluated the responses to this RFB, checked references and recommends
awarding the bid to the lowest responsible bidder, American Roofing & Construction INC.
Financial Summary:
$339,997.72 — Contract award amount.
33.999.77 - 10% contingency.
$373,997.49 - Total Council approval request.
Note: This bid amount is within the original Council approved park project amount of
$1.7m plus $400,000 LID improvements for a grand total of 2.1m.
pri
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SPRAY PARK INSTALLATION BID FOR TOWN SQUARE PARK
POLICY QUESTION: Should the City accept the bid results for RFB 15 -018; Town Square Spray Park
installation, and authorize the Mayor to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY• Stephen Ikerd —Deputy Parks Director DEPT: Parks
Attachments: 2016 Spray Park Installation Bid Memo for RFB15 -018
Options Considered:
1. Authorize a bid award for the buildings at Town Square Park in the amount of $241,799.77 which
includes bid alternate 1 and 10% contingency to Henderson Partners and authorize the Mayor to execute
said agreement. (This amount is already presently included in the approved budget. To be clear this is-not
additional money).
2. Do not authorize a bid award for the Spray Park Installation at Town Square Park to Henderson Partners
and provide.direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL' $ �/bjDJRECTOR APPROVAL: t 14
• Co "flee tiaUDate
Ini ' /Date InLa/D C IIIEF OF STAFF: Co il
bitpbate InitiaUDate
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the Spray Park
Installation at Town Square Park in the amount of $241,799.77 to Henderson Partners and authorize the Mayor
to execute said agreement and forward to the January 19, 2016 Full Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION:. "I move approval of authorizing a bid award for the Spray Park Installation at
Town Square Park in the amount of $241,799.77 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 — 1/2015 RESOLUTION #
47
CITY OF
Federal Way
Parks Department
Date: Jan 8, 2016
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 — Spray Park Install
Background:
Staff solicited bids for improvements to Town Square Park as part of a phased
development plan requiring multiple requests for bids. This bid includes the ground work
and all related construction and the installation of spray park features.
Staff advertised and also sent to the local plan centers RFB 15 -018. Three (3) companies
responded by submitting the following bids including 1 alternate for up lights:
1. Henderson Partners ....$219,817.97
2. Nordic Construction ...... $232,764.15
3. LW Sundstrom ............ $245,537.33
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 has experience with this contractor, as they were the successful bidder for the
initial park demolition; grading and infrastructure work to date.
Financial Summary:
$219,817.97 — Contract award amount.
21,981.80 - 10% contingency.
$241,799.77 - Total Council approval request.
Note: This bid amount is within the original Council approved park project amount of
$1.7m plus $400,000 LID improvements for a grand total of 2.1 m.
M
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PERVIOUS CONCRETE BID FOR TOWN SQUARE PARK
POLICY QUESTION: Should the City accept the bid results for RFB 15 -016; Town Square Park pervious
concrete, and authorize the Mayor to enter into a contract with the successful bidder?
COMMTTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd — Deputy Parks Director DEPT: Parks
Attachments: 2016 pervious concrete Bid Memo for RFB15 -016
Options Considered:
1. Authorize a bid award for pervious concrete at Town Square Park in the amount of $84,315.00 which
includes 10% contingency to Global Contractors, LLC. and authorize the Mayor to execute said
agreement. (This amount is already presently included in the approved budget. To be clear this is not
additional money). `
2. Do not authorize a bid award for the pervious concrete at Town Square Park to Global Contractors, LLC.
and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1 oe
MAYOR APPROVAL: % DIRECTOR APPROVAL: V/6
Co nee Coun jnitial/Daie
initialo Initi -Z ate
CHIEF OF STAFF: 1✓.�w. I
Co tt Co
Initi ate
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for pervious concrete at
Town Square Park in the amount of $84,315.00 to Global Contractors, LLC and authorize the Mayor to execute
said agreement and forward to the January 19, 2016 Full Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the pervious concrete at
Town Square Park in the amount of $84,315.00 to Global Contractors, LLC 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 - 112015 RESOLUTION #
49
CITY OF
.�, Federal Way
Parks Department
Date: Jan 8, 2016
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 — Pervious Paving
Background:
Staff solicited bids for improvements to Town Square Park as part of a phased
development plan requiring multiple requests for bids. This bid includes the installation of
all pervious concrete pavement for the interior park pathway and designated restroom
plaza area.
Staff advertised and also sent to the local plan centers RFB 15 -016. Three (3) companies
responded by submitting the following bids:
1.
Global Contractors
$76,650.00
2.
Palmer Construction
$124,611.00
3.
RW Scott Const.
$178,485.00
Recommendation:
Staff evaluated the responses to this RFB, checked references and recommends
awarding the bid to the lowest responsible bidder, Global Contractor, LLC. The Parks
Department has prior experience with this contractor, as they were the successful bidder
for the Family Funland concrete work and they performed well.
Financial Summary:
$76,650.00 — Contract award amount.
7,665.00 - 10% contingency.
$84,315.00 - Total Council approval request.
Note: This bid amount is within the original Council approved park project amount of
$1.7m plus $400,000 LID improvements for a grand total of 2.1m.
50
COUNCIL MEETING DATE: January 19, 2016 ITEM #:
CITY OF FEDERAL WAY
CITYCOUNCIL
AGENDA BILL
SUBJECT: SITE LIGHTING BID FOR TOWN SQUARE PARK
POLICY QUESTION: Should the City accept the bid results for RFB 15 -019; Town Square site lighting and
authorize the Mayor to enter into a contract with the successful bidder?
COMMITTEE: PRHSPS MEETING DATE: 1/12/16
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen lkerd — Deputy Parks Director DEPT: Parks
Attachments: 2016 site lighting Bid Memo for RFB15 -019
Options Considered:
1. Authorize a bid award for the site lighting at Town Square Park in the amount of $96,074.55 which
includes 10% contingency to Metro Group LLC, DBA Conserve Energy and authorize the Mayor to
execute said agreement. (This amount is already presently included in the approved budget. To be clear
this is not additional money).
2. Do not authorize a bid award for the site lighting at Town Square Park to Metro Group LLC, DBA
Conserve Energy and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL:
CHIEF OF STAFF:
/ /I' //t
Initial/Date
DIRECTOR APPROV /Af L
itiaUDate
V
!ItultalU/Date
iv unc'
a a
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for the site lighting at
Town Square Park in the amount of $96,074.55 to Metro Group LLC, DBA Conserve Energy and authorize the
Mayor to execute said agreement and forward to the January 19, 2016 pull Council consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for the site lighting at Town
Square Park in the amount of $96,074.55 to Metro Group LLC, DBA Conserve Energy and authorize the
Mayor to execute said agreement".
ffisffiffiffia�- --
(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 #
51
CITY OF
4::A�61
Federal Way
Parks Department
Date: Jan 8, 2016
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 — Site Lighting
Background:
Staff solicited bids for improvements to Town Square Park as part of a phased
development plan requiring multiple requests for bids. This bid includes the supply of
fixtures and the installation of exterior lighting for the parking lot and interior park pathway.
Staff advertised and also sent to the local plan centers RFB 15 -019. Eight (8) companies
responded by submitting the following bids:
1. Metro Group LLC DBA Conserve Energy .....$87,340.50
2. West Coast Signal ..................... .....................$88,256.63
3. Transportation Systems ........ .....................$89,321.34
4. Pioneer Cable ..................... .....................$92,882.97
5. Mastercraft ............... ...............................
$98,142.66
6. American Electric ................. ...................$109,500.00
7. Seahurst Electric .................. ....................$114,914.78
8. Teknon Electric .................... ....................$118,719.28
Recommendation:
Staff evaluated the responses to this RFB, checked references and recommends
awarding the bid to the lowest responsible bidder, Metro Group LLC DBA Conserve
Energy.
Financial Summary:
$87,340.50 — Contract award amount.
8.734.05 - 10% contingency.
$96,074.55 - Total Council approval request.
!Vote: This bid amount is within the original Council approved park project amount of
$1.7m plus $400,000 LID improvements for a grand total of 2.1 m.
52