PRHSPSC PKT 11-14-2017City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
November 14, 2017 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
Presenter
Page
Action
Council
or Info
Date
A.
Approval of October 10, 2017 Minutes
3
Action
N/A
B.
Agreement between the Washington Traffic Safety
Hwang
7
Action
Consent
Commission (WTSC) and the Federal Way Police
11/21/17
Department to Provide Grant Funding for Traffic
Enforcement
C.
"On -Call" Electrical Services Bid
Ikerd
25
Action
Consent
11/21/17
D.
Second Amendment to the Synergy Building Services, Inc.
Ikerd
29
Action
Consent
Agreement
11/21/17
5. COUNCIL DISCUSSION ON EMERGING ISSUES
• Senior Issues
6. PENDING ITEMS
7. NEXT REGULAR MEETING: December 12, 2017
8. ADJOURNMENT
Committee Members
Mark Koppang, Chair
Lydia Assefa- Dawson
Martin Moore
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1
City Staff
John Hutton, Parks Director
Mary Jaenicke, Administrative Assistant II
This Page Left Blank Intentionally
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday October 10, 2017
5:00 p.m.
SUMMARY
Committee Members in Attendance: Chair Koppang, Committee member Moore, Committee member
Assefa- Dawson
Council Members in Attendance: Deputy Mayor Burbidge
Staff Members in Attendance: Chief Andy Hwang, Yarden Weidenfeld, Senior Policy Advisor, Eric
Rhoades, Assistant City Attorney, Theresa Thurlow, Surface Water Manager, John Hutton, Parks
Director, Doug Nelson, Recreation Manager, Cody Geddes, Recreation Supervisor and Mary Jaenicke,
Administrative Asst. II.
Guests: Rajiv Nagaich, Aging Options
Chair Koppang called the meeting to order at 5:00pm
Commission Comment: None
Public Comment:
Bob Woolley - Lake Jeane resident. Mr. Woolley provided an update on Professor Gawel's visit to the
Twin Lakes Golf & Country Club (TLGCC). Professor Gawel had ten students with him, and they spent
time at both lakes. Mr. Woolley stated that they did not take bottom scrapings from Lake Jeane because
the Club refused to give them permission. They were able to take all other samples. As a resident of Lake
Jeane, Mr. Woolley took samples from the bottom and turned them in to a certified lab. Once he gets the
results, he will forward the results to Professor Gawel.
Phil Matonti - President of the TLGCC.. Mr. Matonti stated they concurred with Mr. Weidenfelds
conclusion regarding the proposed nuisance ordinance. They feel the city would be ill- advised to pursue
a public nuisance ordinance. He passes by several small ponds and city owned facilities, and there is
algae growing. If the city pursued this ordinance, the city could end up in a situation where they would
have to apply discipline to themselves. The proposed ordinance was a target to the TLGCC.
Edward Panalo Jr. - Mr. Panalo is a resident of Federal Way, and he has applied for Lifeguard positions
for Summer time. He spoke of Steel Lake, and there is a lot of algae outside of the swim area, but inside
the swim area the water was ok.
BUSINESS ITEMS
Approval of Minutes
Commissioner Assefa- Dawson motioned to approve the September 12, 2017 minutes as written.
Committee member Moore seconded. Motion passed.
Parks & Recreation Program Guide
Mr. Geddes stated that they are asking to enter into an annual contract for the production of the Parks &
Recreation Program Guide. In the past they issued an RFQ every quarter. They are asking to enter into a
contract with Consolidated Press for the printing and mailing of the guide. Entering into a contract will
improve efficiency, and allows them to lock into a lower price. Committee member Lydia Assefa-
Dawson moved to forward the authorization of a bid award for the printing and mailing of the
2018 Parks and Recreation Program Guides in the amount of $47,878.60 to Consolidated Press and
K: \PRHSPS Committee\2017 \10 -10 -2017 Mins.doc
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, October 10, 2017 Summary
Page 2
authorize the Mayor to execute said agreement and forward to the October 17, 2017 Full Council
consent agenda for approval. Committee member Moore seconded. Motion approved.
Purchase of A New Radar Speed Trailer with Traffic Safety Funds
Chief Hwang reported that the Department is seeking approval to replace a speed trailer. The speed
trailer is twenty years old and is starting to fail. The trailer is used for education purposes and to address
traffic complaints. Funds for the speed trailer will come out of the Traffic Safety Fund. This trailer has
solar capability and a GPS tracking advice. The cost of the trailer is $11,884.25. Kustom Signals, Inc.
was not the lowest bid, but the pricing was close, and staff is recommending going with Kustom Signals,
Inc. Chair Koppang stated that the city usually goes with the lowest bidder, and Kustom is the most
expensive, and would like more information on why they are choosing this trailer. Chief Hwang stated
that Kustom provides GPS tracking and other features that the other vendors do not. Committee
member Moore moved to forward the purchase of a speed trailer for the Federal Way Police
Department to the October 17, 2017 consent agenda for approval. Committee member Assefa-
Dawson seconded. Motion passed.
Target Corporation Grant
Chief Hwang stated that the Department has a good working relationship with the Target Corporation
and they are offering a $1500 grant to be used for the Crime Prevention Program. The grant will be used
to purchase a tent with walls; this tent will include the police department's name and patch printed on
them, and a new police logo tablecloth. If there are funds remaining they will purchase crime prevention
materials. Committee member Moore moved to forward the proposal to accept funding in the
amount of $1,500.00 from the Target Corporation grant program for the Federal Way Police
Department's Crime Prevention program to the October 17, 2017 City Council Consent Agenda.
Committee member Assefa- Dawson seconded. Motion passed.
Staff Recommendation Regarding Lake Jeane
Mr. Weidenfeld's recommendations are as follows:
1. Do not pursue a nuisance ordinance.
2. Increase funding for Freshwater Algae Program (FACP) grants in the state budget. This would require
Council approval.
3. Engage with relevant parties. He has been in the process of assisting Professor Gawel to create a
phosphorus budget for Twin Lakes. Professor Gawel's class has been taking water samples from both
lakes. Mr. Weidenfeld has also sent him all of the data that he had. It is unlikely that Professor Gawel
will be able to complete a full phosphorus budget. There has also been discussion with homeowners from
both lakes regarding assisting homeowners to solicit the Department of Ecology for grant money to do a
full phosphorous budget for Twin Lakes. This would not be something that the City could spend their
money on. He is also recommending investigating whether or not raw sewage is entering Lake Jeane via
storm water pipes. Ms. Thurlow stated that there is not raw sewage in the lake, but there are counts of
elevated fecal coliform and that could be coming from pets, geese or anything. It's not necessarily an
indicator of raw sewage. There is a way to differentiate, and there would to be a further investigation.
The following recommendations need to wait until after the lawsuit is resolved.
1. The Mayor and Mr. Weidenfeld would meet with the leadership of the club to talk about the well
water issue, and the possibility of a Lake Management District (LMD).
2. Hold a public meeting that would discuss the possibility of putting together an expert panel to advise
on the best methodology, the advantages and disadvantages of a LMD and the two ways it can be formed,
and assistance in applying for another FACP grant that would go towards treating the lake.
3. Public Works Department should assist the community in areas discussed in the community meeting.
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, October 10, 2017 Summary
Page 3
Mr. Weidenfeld has spoken with the attorney's and it is his understanding that the resolution of the
lawsuit will allow homeowners to apply for a permit to treat the lake for blue -green algae, subject to the
normal restrictions that any permit would have.
Mr. Matonti stated that the Twin Lakes Club is not hiding behind the lawsuit or using it as a delay tactic.
They feel that their participation and any discussions on the information that they have need to wait until
the lawsuit is settled.
Bob Woolley stated that the lawsuit between the eight residents and the club is strangling progress being
made and whatever the city is doing. The lawsuit has nothing to do with Professor Gawel's doing a
phosphorous budget, and being allowed to scrape the bottom of Lake Jeane. It has nothing to do with the
litigation but the club stood behind the shield of "We don't want to do anything to the bottom of the lake
until after the litigation." The public nuisance ordinance has been discussed from the very beginning. He
has not had any conversation regarding this from Public Works or Law. The only conversation he's had
is with Yarden. Chair Koppang stated that considerable effort and resources have been devoted to this
subject, and the city is committed to finding an answer. We cannot put the city in jeopardy, and we
cannot create an ordinance that creates other problems.
COUNCIL DISCUSSION ON EMERGING ISSUES
Committee member Moore received information that needles were found at Town Square Park.
Committee Moore stated that he hopes this issue is addressed because the parks need to be kept clean.
The information of the needles found at the park was posted on a Facebook page. Mr. Ikerd stated that
the parks get cleaned every morning, but with school back in session and the spray park closed for the
winter, we do not have a maintenance worker stationed at the park all day. We don't have the ability to
have all of our parks monitored every hour. The park is monitored by cameras. The restrooms are locked
at dusk. Citizens can notify staff through the online Citizen Action Request Form, the Park Maintenance
number is posted on signs at the parks, and if they, call that number after hours, the after hour callout
emergency line is on the voicemail message.
Committee member Moore read a prepared statement regarding putting together a formal Senior Citizen
Commission. He stated that it's important that seniors get a commission that is dedicated to them on
issues that they can discuss. He has spoken to the Mayor, and he is supportive of this effort.
Committee member Moore invited Rajiv Nagaich, from Aging Options to attend the meeting. Mr.
Nagaich stated that aging is inherently a family affair. The role of the Government should be to empower
families to be able to take care of everything that needs to be done within the family. The biggest issue
that needs to be framed around retirement is a housing issue. Statistics show that 90% of Americans want
to live a long happy life and they hope to live that life in their own home. Less than 20% of Americans
are able to do that. Some citizens have left Federal Way because they do not see themselves being able
age on their own terms in Federal Way. The whole idea of the Senior Citizen Commission should be to
reimagine the role of Government. The Government does not need to be looking at what is it that we can
do for the seniors. The seniors need to define how they are going to live. Committee member Moore
stated this is an opportunity to allow senior citizens to empower themselves. Mr. Nagaich stated that the
retired people are the most stable in life, and the city needs to start attracting people that are retired.
Committee member Assefa- Dawson stated that the city has many commissions, and any individual can
benefit from those commissions. She asked what a senior commission could bring to the table that is not
being met with the other commissions. Committee member Moore answered that it's for the commission
to decide what they're going to do that will be a benefit to senior citizens. Mr. Nagaich added that they
need to task the commission with a specific goal. There is an 80% chance that people will not die in their
home. The commission should be tasked to flip this around and study what needs to be done so that 80%
of the people can die in their home. Make it a central focus of how retirees can live in the City of Federal
5
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, October 10, 2017 Summary
Page 4
Way. Committee member Assefa- Dawson stated that there is data that says that the Federal Way zip code
tells us that we will live 14 years less than people that live in Bellevue. Parks and Recreation has
activities for seniors. What's being discussed is about health indicators and health predictors, which goes
to lifestyle, nutrition, healthcare, transportation and many other things. We are adding a lot of
components and the commission will not be tasked to do this, because that is not their role, it will
become a staff role. She sees the value but wants to know that it will be an effective and efficient
commission that meets the needs that are not met. Deputy Mayor Burbidge stated that it seems to be more
of a task force role, and traditionally the commissions have not had a task force role. This is more
extensive in terms of an assignment that is not seen as a role of a commission. Mr. Nagaich stated that
more people in this society are going to have poor outcomes because we are not moving it along. He
would like the commission to make recommendations, and the staff would have to work on the
recommendations that they come up with. Committee member Moore stated that he could be open to the
possibility of a task force, but a task force has an end date, he wants something that would be permanent.
Committee member Assefa- Dawson added that there needs to be something that is senior citizen specific.
Committee member Moore stated that this commission would be like all of the other commissions. Chair
Koppang stated that he takes exception to the statement that the city is failing its senior citizens. He does
not think that there is any group of people within our community that are better represented on our
commissions. The highest percentage of voters is seniors, and they are very engaged in the community.
He is not against forming the commission, but he would like a compelling reason. Chair Koppang would
like answers to the following questions: 1) How are we failing to represent seniors, 2) What are the
unique needs that would be addressed by forming a senior citizen commission, that can't be addressed
through other means. Deputy Mayor Burbidge stated that there is value in having a senior commission,
but there is a big challenge in making sure that we communicate to a broader group that this commission
is being formed. Committee member Assefa- Dawson stated that we need to build on the strength of the
senior population in the community, they can come together and form this commission and work on those
strengths and figure out what the gaps are. Chair Koppang stated that before this is moved forward he
would like more research, developing better arguments and understanding the needs that are unique to the
seniors that are not being addressed, and understanding what Committee member Moore envisions the
commission to be. There needs to be a sustaining vision so that the commission doesn't fail.
PENDING ITEMS
No discussion.
NEXT REGULAR MEETING
November 14, 2017
ADJOURNMENT
Meeting adjourned at 6:56p.m.
COUNCIL MEETING DATE: November 21, 2017 ITEM #:
........................................................................................................................................................................................................................................................................................................................................................................................................................................... ...............................
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE
FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $26,900.00 from
the WTSC for DUI, Speeding, Seat Belt, Motorcycle, and Distracted Driving enforcement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE:
SAFETY COUNCIL COMMITTEE (PRHS &PSC) November 14, 2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT B. SCHULZ
DEPT: Police
Attachments:
1. PRHS &PSC Memo
2. IAA Between the WTSC and the Federal Way Police Department
Options Considered:
1. Accept Proposal for Grant Funding
2. Reject Proposal for Grant Funding
MAYOR'S RECOMMENDATION: 1 — Accept Proposal for Grant Funding
MAYOR APPROVAL: DIRECTOR APPROVAL: ` 1.
Coy mttee Initial Date
Initial /Date Initial /Date
COMMITTEE RECOMMENDATION: "I move to forward the IAA between the WTSC and the Federal Way Police
Department to the November 21, 2017, City Council Consent Agenda for approval"
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the IAA between the WTSC and the Federal Way Police
Department and authorize Chief Andy Hwang to sign 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— 11/2016
RESOLUTION#
7
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 14, 2017
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and
the Federal Way Police Department
The Federal Way Police Department enforces traffic laws throughout the city to reduce
collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day
to day staffing level. However, increasing the number of officers on patrol will yield better
enforcement results and likely have a larger and longer lasting impact on traffic issues that affect
our citizens.
The Washington Traffic Safety Commission (WTSC) partners with the United States Department
of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA)
to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols
throughout the year with funding from a grant. The goal is to reduce traffic related deaths and
serious injuries through education of impaired driving, occupant protection, speeding, and
distracted driving HVE patrols throughout the state. Simply put, this agreement would allow the
City of Federal Way to put more of its police officers on the road with these traffic enforcement
goals while knowing it will be reimbursed for the overtime expense.
The areas of enforcement the agreement emphasizes are impaired driving, seat belt use,
distracted driving, motorcycle safety, flex patrols (combines all of the previous) and Target Zero
Teams (DUI). This interagency agreement is very similar to what the City has utilized in previous
years.
WEMS,'
is
INTERAGENCY AGREEMENT
BETWEEN THE
WASHINGTON TRAFFIC SAFETY COMMISSION
0►i7
Federal Way Police Department
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission,
hereinafter referred to as "WTSC," and Federal Way Police Department, hereinafter referred to as "SUB -
RECIPIENT."
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained
herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this Agreement is to provide funding, provided by the United States Department of
Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the
Catalog of Federal Domestic Assistance (CFDA) numbers 20.600 and 20.616, for traffic safety grant project
2018-HVE-23 65 -Federal Way Police Department, specifically to provide funding for the SUB - RECIPIENT
to conduct overtime multijurisdictional high - visibility enforcement (HVE) traffic safety emphasis patrols as
outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager
(TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB - RECIPIENT
with the goal of reducing traffic- related deaths and serious injuries.
2. PERIOD OF PERFORMANCE
The period of performance of this Agreement shall commence upon the date of execution by both Parties,
but not earlier than October 1, 2017, and remain in effect until September 30, 2018, unless terminated
sooner, as provided herein. 9
3. STATEMENT OF WORK
Note: This statement of work applies only in the areas that your agency has received funding for specific
mobilizations.
GOAL: To reduce traffic related deaths and serious injuries through education of impaired driving, occupant
protection, speeding and distracted driving multijurisdictional HVE patrols throughout the state.
SCOPE OF WORK: The statewide high visibility enforcement patrols are paired with media participation to
engage, deter, and educate drivers about the impacts of making unsafe decisions when driving.
Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion
of the patrols.
Statewide Impaired Driving:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaigns:
• Holiday DUI Patrols — December 13 — January 1
• Drive Sober or Get Pulled Over — August 17 — September 3
The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit
can be realized as determined by the local Traffic Safety Task Force. Whenever possible statewide
mobilization patrols shall begin after 4:00 p.m. and will occur Friday - Sunday.
Statewide Seat Belts:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• Click It or Ticket — May 14 — June 3
These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can
be realized as determined by the local Traffic Safety Task Force. Whenever possible these patrols shall
occur in areas with the lowest seat belt use.
Statewide Distracted Driving:
The agency will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the
following campaign:
• On the Road Off the Phone — April 2 - 14
With the State of Washington's new distracted driving law, these patrols will be important to ensure through
education and enforcement that drivers understand and are following the new law. These patrols shall be
deployed at locations where the data indicates that the most traffic safety benefit can be realized as
determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with
the highest number of past distracted driving violations.
io
Motorcycle Safety Patrols (July 6 - 22):
These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic
safety benefit can be realized as determined by the local Traffic Safety Task Force.
Patrols should focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious
and fatal crashes. This includes speeding, impaired riding, and following too closely.
Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to
motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle,
distracted driving, etc.
Whenever possible, AGENCY should include motorcycle officers in these patrols.
Target Zero Teams Patrols:
The agency will engage in impaired driving multijurisdictional HVE patrols. The DUI patrols shall be
deployed at locations where the data indicates that the most traffic safety benefit can be realized as
determined by the local Traffic Safety Task Force.
Whenever possible the Target Zero Teams patrols shall begin after 4:00 p.m. Only work done on Task
Force /TZM pre- approved dates will be considered for reimbursement. Funds may be used toward impaired
driving training purposes, on a case by case basis. Requests should be made in writing prior to the training,
submitted to the TZM, and approved by the WTSC.
Flex Patrols:
The local Task Force may coordinate local FIVE impaired driving, seatbelt, distracted driving, or speeding
patrols during the contract period. Refer to each section above for the scope of work for each category.
Dates may not coincide with statewide patrol periods. Dates of local patrols will be reported in advance to
the WTSC on a quarterly basis by the county Target Zero Manager. Refer to Exhibit B for patrol plan due
dates. Only work done on Task Force /TZM pre- approved dates will be considered for reimbursement.
Standardized Field Sobriety Testing (SFST) Training Requirement:
The agency certifies that all officers participating in these patrols are SFST trained and meet the following
requirement:
• Officer must be BAC certified and have passed the SFST refresher training within the prior three
years, or
• Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement
(ARIDE), or
• Officer must be a certified Drug Recognition Expert.
Media Contacts:
All of these patrols are conducted as part of a highly publicized, educational statewide effort. Publicity
campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these
violations. At least one individual must be available for weekend media contacts, beginning at noon on
Fridays before mobilizations.
3.1. MILESTONES AND DELIVERABLES
1�
Mobilization
DUI Holiday Patrols
Distracted Driving
Click It or Ticket
Motorcycle Safety Patrol
DUI Drive Sober or Get Pulled Over
3.2. COMPENSATION
Dates
December 13 - January 1
April 2 - 14
May 14 - June 3
July 6 - 22
August 17 - September 3
3.2.1. Compensation for the overtime 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 SOW will not exceed
$27,900.00. Payment for satisfactory performance of the overtime work shall not exceed this amount unless
the Parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both
Parties. Comp -time is not considered overtime and will not be approved for payment.
3.2.2. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other
parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased
without amending the IAA. HVE grant funds are managed in a collaborative approach between the sub
recipient and the TZM.
3.2.2.1. These alterations must be documented through email communication between all involved parties,
including the TZM, and the WTSC Fiscal Analyst.
3.2.2.2. This communication should include the amount of the revised budget total and the names of the
agencies impacted by the change in that particular mobilization.
3.2.2.3. Funds within the same budget category only, can be increased and decreased across parties, so long
as the modified total does not exceed the regional total allocation per funding category.
3.3. SUMMARY OF PROJECT COSTS
Funds break down into the following enforcement categories:
EMPHASIS PATROL
Statewide Impaired Driving Patrols
$5,000.00
(Section 402)
Statewide Distracted Driving Patrols
12
$2,500.00
(Section 402)
Statewide Click it or Ticket
$1,400.00
(Section 402)
Statewide Speeding Patrols
$0.00
(Section 402)
Flex Funding (Local DUI, Speed, Distracted, and Seat Belt Patrols)
$5,000.00
(Section 402)
Motorcycle Safety
$6,000.00
(Section 402)
Target Zero Teams (DUI)
�: 111 11
(Section 405d)
3.3.1. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary
rate plus SUB - RECIPIENT'S contributions to employee benefits, including FICA, Medicare, Worker's
Compensation, and Unemployment Insurance. The SUB - RECIPIENT will provide law enforcement officers
with appropriate equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols.
3.3.2. The funds issued under this Agreement are only to be used for the specified category and shall not be
commingled between categories.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. PARTICIPATION REQUIREMENTS AND CONDITIONS
For each of the overtime emphasis patrols listed in the Statement of Work, the SUB - RECIPIENT will follow
all protocols detailed in the "Multijurisdictional High Visibility Enforcement Protocols," which will be
provided by the WTSC. Exceptions to these protocols must be pre- approved by the WTSC prior to the
emphasis patrol(s).
5. PERFORMANCE STANDARDS
Participating law enforcement officers working overtime hours are required to make a minimum of three
self - initiated contacts per hour of enforcement. The WTSC recognizes that some contacts may result in time -
consuming enforcement - related activities, and these activities are reimbursable. Other activities, such as
collision investigations or emergency response that are not initiated through emphasis patrol contact WILL
NOT be reimbursed.
6. ACTIVITY REPORTS
The SUB - RECIPIENT agrees to have all personnel who work HVE patrols submit officer Emphasis Patrol
Logs through the Washington Enterprise Management System (WEMS), or by other pre- approved means,
within 48 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed
in the "BILLING PROCEDURE" section.
7. 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.
8. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties in the form of a written Amendment to
this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the Parties.
9. 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.
10. ASSIGNMENT
The SUB - RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld.
The SUB - RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered
into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable
federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of
the funds provided under this Agreement include funds from NHTSA, such third -party contracts and
agreements must include the federal provisions set forth in this Agreement in sections 32 through 40.
11. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its
own attorney fees and costs.
12. BILLING PROCEDURE
The SUB - RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting
documentation as WTSC shall require. All invoices for reimbursement shall be submitted using:
• Form A -19 provided by WTSC or its pre- approved equivalent
• Emphasis Patrol Log
• Overtime approval sheets signed by the officer's supervisor
Payment to the SUB - RECIPIENT for approved and completed work will be made by warrant or account
transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC.
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, 2018, must be received by WTSC no later than August 10, 2018. All invoices for goods
received or services performed between July 1, 2018, and September 30, 2018, must be received by WTSC
no later than November 15, 2018.
13. CONFIDENTIALITY /SAFEGUARDING OF INFORMATION
The SUB - RECIPIENT 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.
14. COST PRINCIPLES
Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E.
15. COVENANT AGAINST CONTINGENT FEES
The SUB - RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for
federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this
section by the SUB - RECIPIENT, to annul this Agreement without liability.
16. DISPUTES
16.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
and conclusive, unless within 10 days from the date of the SUB- RECIPIENT's receipt of WTSC's written
decision, the SUB - RECIPIENT furnishes a written appeal to the WTSC Director. The SUB- RECIPIENT's
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the
Director. The decision shall be binding upon the SUB - RECIPIENT and the SUB - RECIPIENT shall abide by
the decision.
16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB - RECIPIENT shall
continue performance under this Agreement while matters in dispute are being resolved.
17. GOVERNANCE
17.1. 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.
17.2. 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:
17.2.1. Applicable federal and state statutes and rules
17.2.2. Terms and Conditions of this Agreement
17.2.3. Any Amendment executed under this Agreement
17.2.4. Any SOW executed under this Agreement
17.2.5. Any other provisions of the Agreement, including materials incorporated by reference
18. INCOME
Any income earned by the SUB - RECIPIENT from the conduct of the SOW (e.g., sale of publications,
registration fees, or service charges) must be accounted for, and that income must be applied to project
purposes or used to reduce project costs.
19. INDEMNIFICATION
19.1. To the fullest extent permitted by law, the SUB - RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims,
demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ( "claims ")
brought against WTSC arising out of or in connection with this Agreement and/or the SUB- RECIPIENT's
performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all
claims against WTSC, its officers, employees, and ageigs arising out of, in connection with, or incident to
the acts or omissions of the SUB - RECIPIENT, its officers, emplovees, agents, contractors, and
subcontractors. Provided, however, that nothing herein shall require the SUB - RECIPIENT to indemnify and
hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by
the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if
such claims result from the concurrent negligence of (a) the SUB - RECIPIENT, its officers, employees,
agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those
actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable
only to the extent of the negligence of the SUB - RECIPIENT, its officers, employees, agents, contractors, or
subcontractors.
19.2. The SUB - RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents.
19.3. The indemnification and hold harmless provision shall survive termination of this Agreement.
20. 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.
21. INSURANCE COVERAGE
21.1. The SUB - RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law.
21.2. If the SUB - RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior
to the start of any performance of work under this Agreement, the SUB - RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB -
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
22. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB - RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and
registration requirements and standards necessary for the performance of this Agreement. The SUB -
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and
be responsible for payment of all taxes due on payments made under this Agreement.
23. RECORDS MAINTENANCE
23.1. During the term of this Agreement and for six years thereafter, the SUB - RECIPIENT shall maintain
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC, 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. The Office of the State Auditor, federal auditors,
the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
these materials during this period.
23.2. 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 them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
and protections to assure that records and documents pjr@vided by the other Party are not erroneously
disclosed to third Parties.
24. RIGHT OF INSPECTION
The SUB - RECIPIENT 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 SUB - RECIPIENT shall make available information necessary for WTSC to comply with
the 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 SUB -
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
Department of Health and 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.
25. RIGHTS IN DATA
25.1. WTSC and SUB - RECIPIENT agree that all data and work products (collectively called "Work
Product ") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases
to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer
these rights.
25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law,
the SUB - RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in
the Work Product and any registrations and copyright applications relating thereto and any renewals and
extensions thereof.
25.3. The SUB - RECIPIENT 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 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 NHTSA whether patent
protections will be sought, how any rights will be administered, and other actions required to protect the
public interest.
26. 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 completion of the SOW under this Agreement, the WTSC
may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-
day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
funding limitations or conditions.
27. 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.
17
28. SITE SECURITY
While on WTSC premises, the SUB - RECIPIENT, its agents, employees, or sub - contractors shall conform in
all respects with all WTSC physical, fire, or other security policies and applicable regulations.
29. TAXES
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB - RECIPIENT or its staff shall be the sole responsibility of the SUB - RECIPIENT.
30. TERMINATION FOR CAUSE
If the SUB - RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
or violates any of these terms and conditions, the WTSC will give the SUB - RECIPIENT written notice of
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB - RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-
day period, this Agreement may be terminated at the end of that period by written notice of the WTSC.
31. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause
or reason, with 30 days written notice to the other Party. 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.
32. TREATMENT OF ASSETS
32.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property
furnished by the SUB - RECIPIENT for the cost of which the SUB - RECIPIENT 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 SUB - RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such
property in the performance of this Agreement, or (ii) commencement 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.
32.2. Any property of the WTSC furnished to the SUB - RECIPIENT shall, unless otherwise provided herein
or approved by the WTSC, be used only for the performance of this Agreement.
32.3. The SUB - RECIPIENT shall be responsible for any loss or damage to property of the WTSC which
results from the negligence of the SUB - RECIPIENT or which results from the failure on the part of the
SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices.
32.4. If any WTSC property is lost, destroyed, or damaged, the SUB - RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
32.5. The SUB - RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
32.6. All reference to the SUB - RECIPIENT under this clause shall also include SUB- RECIPIENT's
employees, agents, or sub - contractors.
33. 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 constiNte a waiver of any other rights under this Agreement.
APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23
CFR PART 1300 APPENDIX A):
34. BUY AMERICA ACT
The SUB - RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing
items using federal funds. Buy America requires the SUB - RECIPIENT to purchase only steel, iron, and
manufactured products produced in the United States, unless the Secretary of Transportation determines that
such domestically produced items 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 contract by more than 25 percent. In order to use federal funds to purchase foreign
produced items, the WTSC must submit a waiver request that provides an adequate basis and justification,
and which is approved by the Secretary of Transportation.
35. DEBARMENT AND SUSPENSION
Instructions for Lower Tier Certification
35.1. By signing this Agreement, the SUB - RECIPIENT (hereinafter in this section referred to as the "lower
tier participant ") is providing the certification set out below and agrees to comply with the requirements of 2
CFR part 180 and 23 CFR part 1300.
35.2. The certification in this section is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the 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.
35.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower
tier participant learns that its certification was erroneous when submitted or has become erroneous by reason
of changed circumstances.
35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person,
primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Covered Transactions sections of 2 CFR part 180.
35.5. The lower tier participant agrees by signing this Agreement that 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 NHTSA.
35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled
"Instructions for Lower Tier Certification" including the "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, and will require lower tier
participants to comply with 2 CFR part 180 and 23 CFR part 1300.
35.7. 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.
35.8. 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.
35.9. Except for transactions authorized under paragraph 35.5. 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, the department or agency with which this transaction originated may
disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take
other remedies as appropriate.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions
35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such
participant shall attach an explanation to this Agreement.
36 THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
36.1. The SUB - RECIPIENT shall:
36.1.1. 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 prohibition.
36.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the
workplace; the SUB- RECIPIENT's policy of maintaining a drug -free workplace; any available drug
counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon
employees for drug violations occurring in the workplace.
36.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of
the statement required by paragraph 36.1.1. of this section.
36.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition
of employment under the grant, the employee will abide by the terms of the statement, notify the employer of
any criminal drug statute conviction for a violation occurring in the workplace no later than five days after
such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise
receiving actual notice of such conviction.
36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this
section, with respect to any employee who is so convicted: take appropriate personnel action against such an
employee, up to and including termination, and/or require such 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. 20
36.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all
of the paragraphs above.
37 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)
In accordance with FFATA, the SUB - RECIPIENT shall, upon request, provide WTSC the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal
year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or
more in annual gross revenues from federal awards, and if 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.
38. FEDERAL LOBBYING
38.1. The undersigned certifies, to the best of his or her knowledge and belief, that:
38.1.1. 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, the 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.
38.1.2. 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.
38.1.3. The undersigned shall require that the language of this certification be included in the award
documents for all sub - awards at all tiers (including sub - contracts, sub - grants, and contracts under grant,
loans, and cooperative agreements), and that all sub - recipients shall certify and disclose accordingly.
38.2. 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.
39. NONDISCRIMINATION
39.1. During the performance of this Agreement, the SUB - RECIPIENT agrees:
39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to
time.
39.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-
discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein.
39.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as
required by the WTSC, USDOT, or NHTSA.
39.1.4. That, in the event a contractor /funding recipie t fails to comply with any nondiscrimination
provisions in this contract/funding Agreement, the WK will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the contractor /funding recipient under the contract/agreement until the
contractor /funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding
agreement, in whole or in part.
39.1.5. To insert this clause, including all paragraphs, in every sub - contract and sub - agreement and in every
solicitation for a sub - contract or sub - agreement that receives federal funds under this program.
40. POLITICAL ACTIVITY (HATCH ACT)
The SUB - RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501- 1508), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
federal funds.
41. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
The SUB - RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or
to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or
elements of helmet usage or checkpoints, and so fully complies with this requirement.
42. STATE LOBBYING
None of the funds under this Agreement 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.
43. DESIGNATED CONTACTS
The following named individuals will serve as designated contacts for each of the Parties for all
communications, notices, and reimbursements regarding this Agreement:
The Contact for the SUB - RECIPIENT is:
Brigham Schulz
Brigham.schulz@cityoffederalway.com
253- 835 -6743
44. AUTHORITY TO SIGN
The Contact for WTSC is:
Erika Mascorro
emascorro @wtsc.wa.gov
360 - 725 -9860 ext.
The undersigned acknowledgment that they are authorized to execute this Agreement and bind their
respective agencies or entities to the obligation set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Federal Way Police Department
22
Signature
Printed Name
Title
Date
WASHINGTON TRAFFIC SAFETY COMMISSION
Signature
Printed Name
Title
Date
23
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24
SUBJECT: "ON CALL" ELECTRICAL SERVICES BID
POLICY QUESTION: Should the City accept an "on call" Electrical Services bid and authorize the Mayor to
enter into a contract with the successful bidder?
COMMITTEE: PRHSPS MEETING DATE: Nov 14, 2017
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Ikerd Parks Deputy Director DEPT: Parks
.. .........................................................................................................................................................................................................................................................................................._......._.............._...................._ .............................._
Attachments: Memo and Quote Sheet
Options Considered:
1. Authorize a bid award for "on call" Electrical Services in the amount of $99,000 to JGM Technical
Services and authorize the Mayor to execute said agreement.
2. Do not authorize a bid award for "on call" Electrical Services to JGM Technical Services and provide
direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: // / // / DIRECTOR APPROVAL• /0 / /// 7
comt itte _ ('Dune initial/Date
Initial /Date Initial Date
COMMITTEE RECOMMENDATION: I move to forward the authorization of a bid award for "on call" Electrical
Services in the amount of $99,000 to JGM Technical Services to the full Council to the November 21, 2017
consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing a bid award for "on call" Electrical Services
in the amount of $99, 000 to JGM Technical Services 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 — 11/2016 RESOLUTION #
25
`CITY OF
._. Federal Way
Parks and Facilities Division
Date: October 31, 2017
To: PRHSPS Council Committee
From: Stephen Ikerd, Parks Deputy Director 5�
Jason Gerwen, Parks & Facilities Manager
Via: Mayor Jim Ferrell
John Hutton, Parks Director
Subject: "On Call" Electrical Services Bids
Background: Staff recently sent out invitations for competitive bids to numerous
companies listed on the Municipal Research and Service Center (MRSC) roster, three
companies responded. The bid from JGM Technical Services was responsive to the
request and this company has provided quality services to the City in the past. Staff
recommends accepting their bid and awarding them a 3 year contract for "on call"
Electrical Services in the amount of $99,000.
The City has successfully used "On Call" Electrical Services since the 1990's for routine
maintenance and repairs. By City policy we must re -bid this type of service every six
years, which is why we solicited new bids. Work performed by contract will be invoiced
at the submitted bid rates.
Contract award recommendation:
JGM Technical Services
Budget:
$33,000 allocated per year in Council approved line item budgets.
$33,000 per year x 3 year contract = $99,000 proposed contract amount.
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This Page Left Blank Intentionally
W
COUNCIL MEETING DATE: November 21, 2017
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: SECOND AMENDMENT TO THE SYNERGY BUILDING SERVICES, INC. AGREEMENT
POLICY QUESTION: Should the City Council authorize a second amendment to the Synergy Building Services,
Inc. Agreement?
COMMITTEE: PRHSPS MEETING DATE: Nov. 14, 2017
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. Second Amendment
Options Considered:
1) Authorize a second 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 $297,600.00.
2) Do not authorize a first amendment and provide director to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: /o / 7 o h % DIRECTOR APPROVAL: !. i
Committee Counc InitiaUDate
Initial/Date initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 21, 2017 consent
agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Synergy Building Services, Inc. Second Amendment
Agreement, effective January 1, 2018 through December 31, 2019 with a total compensation of $297,600.00,
and authorize the Mayor to sign 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 — 11/2016 RESOLUTION #
29
` Clry OF CITY HALL
8th Avenue South
Federal Way. WA 98003 -6325
Fe d e ra I Way
(253) 835 -7000
vwvw cityoffederalway con)
AMENDMENT NO.2
TO
JANITORIAL AGREEMENT
FOR
CITY HALL JANITORIAL SERVICES
This Amendment ( "Amendment No. 2 ") 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 amended
by Amendment No 1, 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, 2019 ( "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 -2, 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. PREVAILING WAGE. As provided in paragraph 10.4, the Contractor agrees to pay the current prevailing
wages at the time of additional year extensions. The current prevailing wage rates are attached as Exhibit D -2.
4. 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]
30
AMENDMENT - 1 - 3/2017
,S��Federal Way
4 CITY OF
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003 -6325
(253) 835 -7000
uv»v citvaffederahvay cam
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:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
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 therein mentioned, and on oath stated that he /she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
AMENDMENT
Notary's signature
Notary's printed name
31
-2-
20
Notary Public in and for the State of Washington.
My commission expires
3/2017
` CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003 -6325
(253) 835 -7000
wwv. c1ryoffeder3lway com
EXHIBIT B -2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, 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 Two Hundred Ninety -Seven Thousand Six Hundred and NO /100 Dollars ($297,600.00).
2. Payout Schedule:
City Hall - $3,500.00 per month = $42,600.00 per year
Police Storage Office - $50.00 per month = $600 per year
Parks /Public Works Maintenance Facility - $450.00 per month = $5,400.00 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.
32
AMENDMENT - 3 - 3/2017
CITY OF CITY HALL
Federal Way Feder 8th Avenue South
Federal Way. '�NA 98403 -6325
2531 835 -700C
;vmay_civoffederz*va aom
EXHIBIT D -2
PREVAILING WAGE
State of Washington
Department of Labor & Industries
Prevailing Wage Section - Telephone 360- 902 -5335
PO Box 44540, Olympia, WA 98504 -4540
Washington State Prevailing Wage
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe
benefits. On public works projects, worker's wage and benefit rates must add to not less than this
total. A brief description of overtime calculation requirements are provided on the Benefit Code
Key.
Journey Level Prevailing Wage Rates for the Effective Date: 10/3/2017
County
Trade
Job Classification
Wage
Holiday
Overtime
Note
King
Building Service Employees
Janitor
$23.73
5S
2F
King
Building Service Employees
Traveling Waxer /Shampooer
$24.18
5S
2F
King
Building Service Employees
Window Cleaner (Non- Scaffold)
--�$28.131
$27.23
5S
2F
King
Building Service Employees
iWindow Cleaner (Scaffold)
5S
I 2F
33
AMENDMENT - 4 - 3/2017