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PRHSPSC PKT 02-14-2017City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee February 14, 2017 City Hall, 5.00 P.M. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council or Info Date A. Approval of Minutes: January 10, 2017 3 Action N/A B. Agreement with Public Health Seattle /King County to Hwang 7 Action Consent Provide Distracted Driving Enforcement Funding 2/21/17 C. The Humane Society for Tacoma and Pierce County Hwang 11 Action Consent Agreement for Shelter and Related Services 2/21/17 D. Henderson Partners, LLC — Retainage Release Ikerd 19 Action Consent 2/21/17 E. Arts Commission 2017 Work Plan Hutton 21 Action Consent 2/21/17 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT MEETING: March 14, 2017 8. ADJOURNMENT Committee Members City staff Mark Koppang, Chair John Hutton, Parks Director Lydia Assefa- Dawson Maty Jaenicke, Administradve Assistant 11 Martin Moore 1 K: \PRHSPS Committee \2017 \02 -14 -2017 Agenda.doc This Page Left Blank Intentionally City of Federal Way City Council PARKS, RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday January 10, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Assefa- Dawson, Committee member Moore Council Members in Attendance: Deputy Mayor Burbidge, Council member Honda, Council member Celski Staff Members in Attendance: Ryan Call, Assistant City Attorney, Yarden Weidenfeld, Senior Policy Advisor, John Hutton, Parks Director, Steve Ikerd, Deputy Parks Director, Cody Geddes, Recreation Supervisor, and Mary Jaenicke, Administrative Asst. H. Guests: Bob Woolley, LJRCC; Don Smith, LJRCC; Suzanne Vargo Chair Koppang called the meeting to order at 5:00p.m. Public Comment: Bob Woolley reported that the Judge ruled in favor of the Twin Lakes Golf & Country Club, and that the suit was dismissed on January 6, 2017. Mr. Woolley stated that the state does not make public nuisance ordinances, and he is asking the city to develop a nuisance ordinance. Chair Koppang stated that the City cannot take any action until there is a legal document to review. The legal process needs to work its way to completion. Don Smith stated that he moved off of Lake Jeanne in July, but he is still involved because it is unfinished business, it's an important issue and it needs to be resolved. He would like to see a mutual resolution. Commission Comment: None Chair Koppang moved Council Discussion on Emerging Issues to the top of the agenda. COUNCIL DISCUSSION ON EMERGING ISSUES Council member Honda provided an update on a Coalition providing emergency shelter for homeless women and children that is being formed. Council member Honda and Sharry Edwards are co- chairs of this Coalition. Brooklake Community Center has been identified as a location to provide emergency shelter. The goal was to provide shelter starting January 13 but too many things have to come together before it is available. The school district has identified 322 homeless children. A meeting with all of the groups that provide services to the homeless will be scheduled because many of the services are being duplicated. Mr. Hutton added that several city staff members toured Brooklake to give an assessment of the facility. Several items were identified that needed to be corrected immediately, and there were items that needed to be corrected prior to opening it up for a shelter. The Parks Maintenance crew and contractors are taking care of those items. Catholic Community Services will partner with the City. Council member Honda stated that a funding source needs to be identified, and that Human Services is currently working on developing a policy for the shelter. Public Comment Continued: Suzanne Vargo spoke regarding her concerns about the lack of parking at Lake Killarney Park and Lake Geneva Park. Mr. Ikerd stated that Lake Killarney is considered a neighborhood park, and many of the neighborhood parks have limited parking. She would like staff to pick up the garbage at the parks that she walks in. Mr. Ikerd asked where the garbage is and she stated that the garbage she is describing is off of the "beaten path ". Ms. Vargo was informed that Lake Geneva is not a City park; it's a King County park. K:\PRHSPS Committee\2017 \01 -10 -2017 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 10, 2017 Summary Page 2 Approval of Minutes Committee member Moore moved to approve the December minutes as written. Committee member Assefa- Dawson seconded the motion. Motion passed. BUSINESS ITEMS Term Amendment for a Historical Society Lease Mr. Ikerd provided the background information. The Historical Society needs to show that they have a 10 year lease agree,emt at the Steel Lake Annex in order to apply for a grant from 4Culture. The new lease will expire January 31, 2028. The term is the only item that is being amended in the current lease. Committee member Moore moved to forward the proposed term extension to the January 17, 2017 consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. Copper Wire Theft Protection System Installation Mr. Hutton provided the background information. The city's HVAC maintenance contractor MacDonald - Miller Facility Solutions has developed a wire theft system that will send a real time message to alert the police and the school district security when a wire is cut. The system will be installed on the sports field lights at the joint use facilities. The cost of equipment, materials, labor and tax is $45,563.00. These costs will be equally split between the City and the School District. This is a sole source custom system. Committee member Moore moved to forward the proposed copper wire theft protection system installation agreement to the January 17, 2017 consent agenda for approval. Committee member Assefa- Dawson seconded. Committee member Moore stated that he is noting for the record that there are other partnership opportunities with the school district that also need attention, such as Lakota Park. Motion passed. Panther Lake Trail Improvement — 30% Redesign Mr. Ikerd provided the background information. Discussion about this project started in 2013; it was presented to Council in 2015, and then the Town Square Park project took priority, and this project was put on hold. Since then, some new ideas have developed. The scope of the project has changed, and the site will be kept as a more natural area. The Parks Department is recommending the following changes for the 30% redesign: 1) Standalone parking lot with its own entry off West Campus Drive. 2) A 6' wide crushed rock trail. 3) Eliminate the playground. 4) Install a Sani -Can with a screen that is similar to the one at West Hylebos Park. 5) Install a footbridge across a small ravine from the BPA trail near the Aquatic Center, which will loop back to the new parking lot. Staff is confident that with these changes, they can put together a complete project. The project will be funded from the existing funding from King County and REET. Committee member Moore asked if the trail would include lighting. Mr. Ikerd answered that there would not be lighting on the trail. Lighting the parking lot and the bridge to the Aquatic Center still needs to be discussed. It has been built into the plan for cost estimates. The parks are closed at dusk, and staff does not want to encourage people to be there after dusk. The total available budget is $1,342,000 and the 30% redesign estimate cost is $1,052,182. Deputy Mayor Burbidge stated that she is very pleased with the good work that has been done. Committee member Moore moved to approve the 30% redesign of the Panther Lake Trail and authorize staff to continue developing an 85% design to bring back for final review and authorization to the January 17, 2017 consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. 2017 Parks & Recreation Commission Work Plan Mr. Hutton presented the 2017 Parks & Recreation Commission Work Plan. The Work Plan was discussed at their November and December commission meetings. The dominating project on the Work Plan is developing the Parks, Recreation & Open Space (PROS) plan. This is a very critical document that is needed for the Parks Department to apply for grant funding. This will involve numerous public meetings. Developing the PROS plan is an 18 month process. Other items on the Work Plan include the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, January 10, 2017 Summary Page 3 meetings. Developing the PROS plan is an 18 month process. Other items on the Work Plan include the annual playground equipment replacement, trail connectivity and the Brooklake Community Center. Committee member Moore moved to forward the 2017 Parks and Recreation Commission Work Plan to the January 17, 2017 consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. NEXT MEETING February 14, 2017 ADJOURNMENT Meeting adjourned at 6:17p.m. This Page Left Blank Intentionally COUNCIL MEETING DATE: February 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH PUBLIC HEALTH SEATTLE /KING COUNTY TO PROVIDE DISTRACTED DRIVING ENFORCEMENT FUNDING. POLICY QUESTION: Should the City of Federal Way accept $5,000 for the Distracted Driving Enforcement Campaign from April 17, 2017 — April 30, 2017. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Feb 14, 2017 SAFETY COUNCIL COMMITTEE (PRHS &PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT BRIGS SCHULZ DEPT: Police Attachments: 1. PRHS & PS Memo 2. Public Health Agreement for Distracted Driving Campaign Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1— Accept the $5,000 Distracted Driving Enforcement Funding MAYOR APPROVAL ` t> 7 A6� DIRECTOR APPROVAL: Co ittee Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move. to forward the Public Health Agreement for Distracted Driving Funding to the February 21, 2017, City Council Consent Agenda. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Public Health Agreement for Distracted Driving Enforcement Funding and authorize Chief Andy Hwang to sign the 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— 11/2016 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 14, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Agreement with Public Health Seattle/King County for Distracted Driving Campaign The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing partnership focused on Impaired Driving, Seat Belts and Distracted Driving overtime funding. WTSC funding has allowed Federal Way Police to strengthen this enforcement through overtime funded patrols. Public Health Seattle/King County is a WTSC partner and a member of the King County Target Zero Team, of which FWPD is also a partner. The Emergency Medical Services Division of Public Health has secured $5,000 to assist with the scheduled King County Distracted Driving Campaign using plain clothes officers to assist with enforcement efforts and has selected FWPD to be the recipient of those funds. The FWPD will use $1,500 from the Nick and Derek DUI and Distracted Driving Program for this campaign as well. This campaign will be conducted April 17th through 30th, 2017. Emergency Medical Services Division 401 Fifth Avenue, Suite 1200 Seattle, WA 98104 -1818 206 - 296 -4693 Fax 206 - 296 -4866 Try Relay: 711 www.kingcounty.gov/health Public Health Seattle & King County Agreement in Accordance to Contract Purchase Agreement Federal Way Police Department (FWPD) and Emergency Medical Services Division Public Health — Seattle /King County April 17- 30, 2017 Distracted Driving Campaign Background: From 2009 to 2012, distracted driver - involved crashes accounted for 20 percent of all traffic deaths and of serious traffic injuries in King County according to data from the Washington Traffic Safety Commission. Distraction can include eating, reading, or adjusting music while driving but researchers are finding the dangers related to cell phone distraction are most alarming. Project Goal: 552 contacts for a variety of distracted driving behaviors that could cause collisions. Tactics: Enforce the current Washington State distracted and aggressive driving laws through a distracted driving campaign along South 3201h between 1100 and 2300 blocks and on Pacific Highway South from 31200 — 33600 blocks- utilizing an officer in plain clothes and dressed as a construction worker with a High -Vis safety vest in a coned off lane of travel with a City of Federal Way Public Works vehicle. The vehicle would have its amber lights activated and the plain clothes officer would be observing traffic for distracted driving violations or any other serious /dangerous violations. Traffic officers on motorcycles would be utilized as chase vehicles to apprehend violators by the plain clothes officer and reported via police radio to the traffic officers. FWPD will implement this program provide along the targeted areas from April 17 - 30 2017. Federal Way Police Department Deliverables: From the FWPD Nick and Derek fund - $1500 will be dedicated to this distracted driving campaign by utilizing motorcycle officers to provide additional support. The Nick and Derek fund was developed by the Federal Way Police Department in partnership with families of two Federal Way teens who lost their lives to a drunk driver. To support this service as provided by the FWPD, Emergency Medical Services Division of Public Health Seattle /King County will reimburse the city for overtime costs up to $5,000 in exchange for the data collected as outlined in this agreement. The funding will be used to provide dedicated patrols in the aforementioned affected areas during the specified dates. As a result of this distracted driving campaign, FWPD shall report to Emergency Medical Services Division of Public Health Seattle /King County the following information: The quantity and types of infractions, citations, warnings, stops, etc. during FWPD's emphasis patrols from during the agreed upon dates. Andy J. Hwang Chief of Police Federal Way Police Department Michele Plorde Emergency Medical Services Division Public Health — Seattle and King County Date: Date: 9 This Page Left Blank Intentionally 10 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 2017 Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: February 14, Council Committee — (PRHS &PSC) 2017 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 T MAYOR APPROVAL: >- DIRECTOR APPROVAL: Co ttee or r Coun 1 L Initial 400�1 0/ CHIEF OF STAFF: Committee Council COMMITTEE RECOMMENDATION: "I move to forward The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services to the February 21, 2017 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 # 11 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 14, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: The Humane Society for Tacoma and Pierce County — Services Contract 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 2017, the City of Federal Way agrees to pay the Society $88.12 per animal and allow the Society to retain all adoption, impound and other fees collected from the public for animals accepted into the shelter. A rebate equal one third of collected pet license revenue is credited monthly. This agreement will be in effect from January 1, 2018 through December 31, 2018. 1 12 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, 2017, through December 31, 2017. 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 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% 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. 13 (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 1 to 2 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, Mayor's office, at 33325 8th Ave South, Federal Way, WA, 98063 -9718. 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. 14 (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 $88.12 per animal for the year 2017 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 % 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 15 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 Officer 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 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 2018 contract by August 1, 2017, 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% 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 4 16 signed by both parties. In the event either party shall desire to renegotiate any 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, Lieutenant 33325 8th Ave South Federal Way, WA 98003 -9718 Phone: 253- 835 -6736 EMAIL: Tracy. Grossnickle (cDCitvofFederalWay.com For licensing or payment issues: Cathy Schrock, Civilian Operations Manager 33325 8th Ave South Federal Way, WA 98003 -9718 Phone: 253 - 835 -6850 EMAIL: Cathy. Schrock(c�CityofFederalWay.com 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 attorney's 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. 17 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 26th day of January 2017 THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY Executive Director Kathleen Olson CITY OF FEDERAL WAY City Mayor Jim Ferrell Attest: City Clerk Approved as to form and legality: City Attorney M COUNCIL MEETING DATE: February 21, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HENDERSON PARTNERS, LLC RETAINAGE RELEASE POLICY QUESTION: Should the Council accept the contract with Henderson Partners, LLC as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS MEETING DATE: Feb 14, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other ST......A_.. F- F ._ REPORT . ._B....�Y: - Stephen . Ike_r...d _ P._a...._r. .k.....- s _ - .De a ... . DEPT: ..._.........__ ...._ _...._.....__...._- ... - -._._—._.............__..._..._.... ..._ ._ ..... _. . ._.............. _ ...� -- - ...... - History: The City contracted with Henderson Partners, LLC to install the spray park at Town Square Park in the amount of $234,768.00. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Retainage amount held: $234,768.00 Spray Park installation; 5% retainage held from the project before tax = $10,720.00 Options Considered: #1 - Accept the Henderson Partners, LLC contract as complete and release their $10,720.00 retainage. #2 _ Do not accept the contract as complete, and provide direction to staff. _.....__ ........ _ ...... _ ....... _ .......... _._ ............ _.__ ............. __....__.._ ........ _........ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 7 ! /DIRECTOR APPROVAL: L%, Committee Cou cil `� Initial COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Henderson Partners, LLC contract as complete and forward the authorization of staff to release their $10,720. 00 retainage to the full Council February 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Henderson Partners, LLC contract as complete and authorize staff to release their retainage in the amount of "$10,720. 00 ". (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 # 19 This Page Left Blank Intentionally 20 COUNCIL MEETING DATE: February 2l,2017 ITEM #: . . . ........ . ......... --- . . ............. . . ... . ........ . .................... . . . . . ....... . ........ . ... . .............. ....... . ........ . .. . . .......... . ... . . ........ . ..... — ------ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Arts Commission 2017 Work Plan POLICY QUESTION: Should the City Council approve the Arts Commission 2017 Work Plan? COMMITTEE: PRHSPS MEETING DATE: 2/14/17 CATEGORY: N Consent F-1 Ordinance ❑ Public Hearing ❑ City Council Business F-1 Resolution ❑ Other STAFF REPORT BY: Cod Geddes, Recreation §yp DEPT: PRCS . .......... .. _ ...... . . .. . ............ ........... . . . .......... . ........... .............. . .... . . .......... . ... Attachments: 1. Proposed 2017 Arts Commission Work Plan Options Considered: 1. Approve the Arts Commission 2017 Work Plan 2. Do not approve the Arts Commission 2017 Work Plan, and provide direction to staff MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: DIRECTOR APPROVAL: 4%w 11VI-7 C41E CA W OF& UFI& h 7 OComn9ttee f aun,:il , - - / InitiaVDate InitiaVDate initiamate CHIEF 0 Co it Initial/Date InitiaVDate COMMITTEE RECOMMENDATION: I move to forward the Arts Commission 2017 Work Plan to the February 21, 2017 consent agenda for approval. 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