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2019-04-16 Council PKT - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall April 16, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE Federal Way High School JROTC — Color Guard 3. PRESENTATIONS a. Arts Commission Update and High School Art Show Awards — Dan Hershmann, Chair b. Proclamation: Sexual Assault Awareness Month ...page 4 c. Proclamation: National Volunteer Month ...page 5 Mayor's Emerging Issues and Report • Spring Neighborhood Connection Meeting on April 25 at Green Gables Elementary at 6:00 p.m. • Parks Appreciation Day on April 27 at the Blueberry Farm and Saghalie Park at 9:00 a.m.; and Annual Touch -A -Truck May 18 — Performing Arts & Event Center Parking Lot at 11:00 a.m. — Parks Director John Hutton • Upcoming Community Events: Farmer's Market Opening Day — May 4; FWCAT Break the Chains 5K — May 18; Blue Poppy Days — May 18; Marine Hills Parade — May 18 e. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Deputy Mayor Report/Regional Committees Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 2, 2019 Regular and Special Meetings ...page 6 b. 2019 Storm Pipe Repair Project Phase I — 85% Design Status Report and Authorization to Bid ...page 17 c. Brook Lake Center Connector — Bid Award ...page 20 d. RESOLUTION: Intent to Reform the North Lake Management District (NLMD) Number 2 and Setting of a Public Hearing Date ...page 24 e. Authorization to Accept WA State Transportation Improvement Board Complete Streets Grant ...page 37 f. Underground Utility Locating Services Agreement ...page 39 g. Authorization to Change Sponsor for King County Conservation Futures Funding Award ...page 56 h. Wide Area Mower Replacement ...page 58 i. Jail Services Contract - Yakima County Jail ...page 60 j. Jail Services Contract - Issaquah City Jail ...page 80 k. Jail Services Contract - Puyallup City Jail ...page 87 I. Jail Services Contract - Kittitas County Jail ...page 99 m. Agreement Between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement ...page 112 n. MOU Between Twin Lakes Plaza, LLC and the City of Federal Way ...page 126 6. COUNCIL BUSINESS a. Approval of Collective Bargaining Agreement with Police Officers Guild ...page 132 b. Youth Commission Appointment ...page 187 c. Arts Commission Appointments ...page 188 d. Lodging Tax Advisory Committee Appointment ...page 189 7. ORDINANCES First Reading a. Council Bill #757/ SCORE Refinancing Bond ...page 190 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF ONE OR MORE SERIES OF NOT TO EXCEED $15,000,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE FUNDS TO REPAY THE CITY'S PORTION OF THE SOUTH CORRECTIONAL ENTITY FACILITY The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. PUBLIC DEVELOPMENT AUTHORITY BONDS, SERIES 2009A AND SERIES 2009B (TAXABLE BUILD AMERICA BONDS — DIRECT PAYMENT), AND TO PAY THE COSTS OF ISSUANCE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRE-SENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER RELATED MATTERS. Second Reading/Enactment b. Council Bill #756/ 2019/20 Budget Amendments ...page 219 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2019-2020 BIENNIAL BUDGET. (Amending Ordinance No. 18-860) 8. COUNCIL REPORTS 9. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. ihh, CITY OF Federal Way PROCLAMATION "Sexual Assault Awareness Month" WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual violence • is widespread and impacts every person in this community;and WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show that one out of three girls, one out of five boys, and 23% of women are the victims of sexual assault;and WHEREAS, on college campuses,one in five women and one in 16 men are sexually assaulted during their time in college;and WHEREAS, we must work together to educate our community about sexual violence prevention, support survivors, and speak out against harmful attitudes and actions; and WHEREAS, prevention is possible when we increase education, awareness, and community involvement; and WHEREAS,each day of the year is an opportunity to create change for the future; and NOW, THEREFORE, WE, the undersigned Mayor and Council of the City of Federal Way do hereby proclaim April 2019 as Sexual Assault Awareness Month in the City of.Federal Way and encourage all citizens to join in this special observance, and join advocates and communities across the country in taking action to prevent sexual violence. SIGNED this 16th day of April, 2019. FEDERAL WAY MAYOR AND CITY COUNCIL im Ferrell, Mayor /Suraann •nda Deputy Mayor a 'l!' ' .• - . .I 'A -,vim Imo:!/ t •i. Assefa-Da • ,Councilmember esse E.John n,Councilmember ) oang . a• ouncilmember opp�Co cilmerralfer Martin Moore, ouncilmember Dini Duclos,Councilmember CITY OF �.... Federal Way PROCLAMATION "National Volunteer Month" WHEREAS,the entire community can inspire,equip and mobilize people to take actions that change the world; and WHEREAS,volunteers can connect with local community service opportunities through hundreds of community service organizations;and WHEREAS,individuals and communities are at the center of social change,discovering their power to make a difference;and WHEREAS,during this month all over the nation,service projects will be performed and volunteers rec- ognized for their commitment to service; and WHEREAS,the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS,experience teaches us that government by itself cannot solve all of our nation's social prob- lems; and WHEREAS,our country's volunteer force of more than 63 million is a great treasure;and WHEREAS,volunteers are vital to our future as a caring and productive nation; and NOW,THEREFORE,WE,the undersigned Mayor and Council of the City of Federal Way do hereby proclaim April 2019 as National Volunteer Month in the City of Federal Way and urge citizens come to- gether to make a difference by volunteering SIGNED this 16th day of April,2019. FEDERAL WAY MAYOR AND CITY COUNCIL /it,c im Ferrell, Mayor Susan onda Deputy Mayor ' �1� t �I�CtiLUC1C:'+• •i• efa-Dawso) ou ilmember a E.Johnson,Councilmember /01 Hoang V.Tran, •uncilmember Mark Koppa ouncil mbe Martin Moore, ouncilmember Dini Duclos,Councilmember SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the April 2, 2019 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the April 2, 2019 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: -�" 1161 Committee Council h ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) N/A Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2016 RESOLUTION # CITY OF Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall April 2, 2019 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:02 p.m. 11/UFT City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — FEDERAL WAY TRANSIT CENTER LIGHT RAIL STATION Staff Liaison to Sound Transit Tony Doucette provided an introduction of the individuals from Sound Transit. He indicated this presentation is a result of questions regarding surplus property at a recent Land Use/Transportation Committee Meeting. Sound Transit Senior Land Use Planner Tim Bates defined surplus property as it relates to the Federal Way Light Rail Extension (FWLE). He indicated that Sound Transit acquires property to build and operate the transit system, including property used for staging of construction materials and equipment. This property will not be needed after the transit project is complete and may be designated as surplus property by the Sound Transit Board of Directors. Sound Transit's goal is to facilitate Transit -Oriented Development (TOD) on these .properties integrating transit and land use which promotes ridership and supports the City's development visions. This process will require engaging private, public, and non-profit partners. Sound Transit Senior Transit -Oriented Development Project Manager Thatcher Imboden explained the requirements placed on the surplus properties citing RCW 81.112.350; commonly referred to as the 80/80/80 Policy. This policy dictates 80 percent of suitable surplus property be offered to affordable housing developers to make at least 80 percent of the units on site affordable to individuals earning 80 percent or less of the area median income. Federal Way City Council Special Minutes Page 1 of 3 April 2, 2019 Mr. Imboden outlined the typical TOD Process including the following phases which include City partnership and engagement: Access: big picture goals are discussed, the station area planned, and environmental assessments completed. Define: TOD is analyzed, key goals established, and requirements/pricing for the Request for Proposal (RFP) determined along with implementation strategy • Develop: developer is selected, agreements negotiated, permits secured, and TOD construction implemented reflecting agency, city, and community goals. He noted Sound Transit has not determined which properties will be surplus. He specified it is generally a two-year implementation process with next steps including continued engagement with stakeholders. Council Questions/Discussion Council thanked Mr. Bates and Mr. Imboden for their presentation and asked questions regarding the displacement of businesses and the assistance they will receive to remain in the city, clarification of the 80/80/80 Policy, and how vacant properties will be secured. Community Outreach Specialist Zachary Eskenazi explained Sound Transit provides assistance for all displaced businesses; including facilitating requests to relocate in the area when possible. Mr. Thatcher clarified that the 80/80/80 Policy does not apply to all property; there will be research conducted to determine what is best for the specific properties. Sound Transit looks towards the development of surplus properties much earlier in their process to minimize the lapse in time between station completion and development. Mr. Eskenazi explained each vacant property is secured and patrolled by Sound Transit. If vandalism continues, the level of security is increased and fencing of the property may be done. Council expressed concern this portion of the downtown will look blighted and requested remediation in the form of murals or similar. Council continued discussion expressing their desire to begin engagement on this process immediately and the need for open communication and sharing of information with the public. They additionally requested Sound Transit work with remaining businesses to ensure the impact of the construction is limited or mitigated. 4. CITIZEN COMMENT Dana Hollaway expressed her desire for the City to be involved in this process and work towards a controlled and managed growth plan. She would like to see market rate/mixed-income housing on the surplus property as the tax revenue is needed. Diana Noble-Gulliford shared questions she has regarding the TOD process and asked for a definition of "qualified entities". She is concerned that the Capitol Hill TOD property is on a 99 -year lease which means it is not generating any tax revenue. 5. EXECUTIVE SESSION At 6:04 p.m. Mayor Ferrell announced the Council would recess into Executive Session for the Federal Way City Council Special Minutes Page 2 of 3 April 2, 2019 purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 25 minutes. Potential Litigation Pursuant to RCW 42.30.110(1)(i) 6. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:20 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 April 2, 2019 1kCIT viz� Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall April 2, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:33 p.m. 11Jt4*&r City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS DEPUTY MAYOR MOVED TO AMEND THE AGENDA TO ADD ITEM A UNDER PRESENTATIONS TO ADD A CERTIFICATE OF RECOGNITION TO MYRA TRAN; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes a. ADDED: Certificate of Recognition — Miss Myra Tran, American Idol Top 40 Councilmember Tran introduced Miss Myra Tran and provided her background including her recent immigration to the United States from Vietnam. Deputy Mayor Honda read and presented the proclamation to Ms. Tran. Miss Tran expressed her gratitude and honor to accept this recognition. She is thankful for the encouragement and support she feels from Federal Way. Mayor Ferrell, Deputy Mayor Honda, and all of Council expressed their excitement and pride in her performances and for serving as an ambassador for the City. b. Mayor's Emerging Issues and Report Groundbreaking Ceremony for Downtown Staircase took place on April 2. Mayor Ferrell highlighted that this project will connect downtown to the Performing Arts Federal Way City Council Regular Minutes Page I of 7 April 2, 2019 and Event Center and will serve as a great place to gather. • Neighborhood Connection Meeting will take place at Green Gables Elementary on April 25 at 6:00 p.m. • Report on Recent Events: Mayor Ferrell reported on recent events including the Faith -Based Groups and Non -Profits Meeting held on March 27; the Highline Forum held on March 27; and the Berkshire Hathaway Ribbon Cutting on March 28. • Upcoming Events: Mayor Ferrell highlighted upcoming events including the Federal Way National Little League Jamboree on April 27; Relay for Life - South King County on June 7-8 at French Field in Kent; Farmer's Market Opening on May 4; and the FWCAT Break the Chains 5K scheduled for May 18. • Mayor Ferrell and CouncilmemberAssefa-Dawson attended a Challenge Seattle meeting led by former -Governor Christine Gregoire. This is an alliance of CEOs from seventeen of the region's largest employers wanting to team with public policy makers to make a difference. c. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) —Chair Duclos shared the items discussed by committee including the draft Admissions Tax Ordinance and Budget Adjustment Ordinance. She announced they will be discussing revenue options at an upcoming meeting. • Lodging Tax Advisory Committee (LTAC) — Chair Moore reported they are discussing a potential name change for the committee. • Land Use/Transportation Committee (LUTC) —Chair Koppang announced that the Committee has moved an agenda item forward to the April 16 Council Meeting which will be a first step in connecting Brooklake to the Hylebos. • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Chair Johnson acknowledged the Diversity Commission for their successful retreat and was pleased to participate. He highlighted the agenda for the upcoming meeting including a discussion of the potential jail services contracts and the Senior Commission. • Deputy Mayor Report/Regional Committees Report — Deputy Mayor Honda outlined the four council committees and indicated the public is welcome to attend. She also highlighted the accessibility to all committee and council agendas and packets online. She reported the King County Board of Health Work Plan now includes researching airport issues as well as vaping. 4. CITIZEN COMMENT Jan Barber extended an invitation to Make Music Federal Way to be held June 21, 2019. Fawn Sterling introduced the Washington Diamond Drill Team who performed a drum routine for Council to help promote Make Music Federal Way. Federal Way City Council Regular Minutes Page 2 of 7 April 2, 2019 Karen Brugato thanked Finance, Economic Development and Regional Affairs Committee (FEDRAC) for considering exempting non -profits from paying admissions tax. TaShawna Nash spoke on behalf of the Save Weyerhaeuser Board; sharing a response submitted to the Federal Way Mirror in response to the Federal Way Chamber of Commerce's decision to endorse the IRG Woodbridge Corporate Park. Dana Hollaway raised concerns about the many things happening in and around the City of Federal Way and shared her opinion that residents expect the City and elected officials to do what is best for Federal Way. She does not feel the IRG project on the former Weyerhaeuser property is what is best. Betty Taylor shared from her experience as a Human Services Commissioner and asked how Council makes their decisions once recommendations are passed on to them from the Human Services Commission and other commissions. Brigittie Jimenez, part of the Emerging Leaders Program, shared her recent experience at the State Capitol, where she met local representatives and learned about how the City and State work together. Katie Astruon, part of the Emerging Leadership Program, recognized the Federal Way High School Junior ROTC program for placing third overall in a regional completion. Letter read by Deputy City Clerk from Richard Pierson sharing his concerns regarding the proposed South 324th Street realignment Letter read by Deputy City Clerk from Jean Parietti in favor of the proposed South 324th Street realignment ordinance. Letter read by Deputy City Clerk from Anne Cutting in favor of the proposed South 324th Street realignment ordinance. Letter read by Deputy City Clerk from Suzanne Vargo against the proposed South 324th Street realignment ordinance. 5. CONSENT AGENDA a. Minutes: March 19, 2019 Regular and Special Meeting b. Monthly Financial Reports — February 2019 c. Vouchers (02/16/2019 — 03/15/2019) DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH C ON THE CONSENT AGENDA; COUNCILMEMBER DULCOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Authorization to Apply for Sound Transit System Access Funds Federal Way City Council Regular Minutes Page 3 of 7 April 2, 2019 Staff Liaison to Sound Transit Tony Doucette provided a background on the System Access Funds made available through the voter -approved Sound Transit 3 (ST3). He explained jurisdictions within Sound Transit's service area are allowed to submit up to two applications to fund for projects that help make it easier for riders to get to and from ST stations and facilities. Staff identified two projects that closely adhere to the grant goal: • Pedestrian Pathway Improvements to the Federal Way Transit Center which includes constructing four sidewalk and pathway improvements. • Signalizing the Intersection of 21 st Ave S and S 320th St (currently identified in the Capital Improvement Plan but is not funded in the next six years). If authorized by City Council, the applications will be submitted by April 12. Staff recently received confirmation that these projects are considered eligible and due to the tight timeline they did not go through Committee. Council thanked Mr. Doucette for the information and asked questions regarding the accessibility of the signalization as -well as the timing in relation to the Sound Transit construction. City Traffic Engineer Rick Perez indicted the accessible signal include audible tones for the blind; flashing lights for the hard of hearing; and a height adjustment of the activation button to ensure it is accessible from a wheelchair. Mr. Doucette indicated that based on funding, it is anticipated that the timing will coincide with the Sound Transit construction and not extend the impact of the project. COUNCILMEMBER KOPPANG MOVED TO AUTHORIZE STAFF TO APPLY FOR SOUND TRANSIT SYSTEM ACCESS FUNDS FOR TWO PROJECTS SUPPORTING ACCESS TO AND FROM EXISTING AND FUTURE PLANNED SOUND TRANSIT FACILITIES AND RETURN TO COMMITTEE AND COUNCIL TO ACCEPT FUNDS IF AWARDED. COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes b. Proposed Settlement Agreement regarding the Parisi -Gray Lawsuit City Attorney Ryan Call provided an overview of the Parisi -Gray Settlement (6b) and the Dillon Smith Settlement (6c) as they relate to an accident wherein a police vehicle collided with another vehicle. The driver and the passenger each claimed injuries and the settlements were made individually. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT IN THE MATTER OF PARISI-GRAY VS. CITY OF FEDERAL WAY IN THE AMOUNT OF $6,500; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 4 of 7 April 2, 2019 c. Proposed Settlement Agreement regarding the Dillon Smith Lawsuit City Attorney Ryan Call included this presentation with Agenda Item 6b. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT IN THE MATTER OF SMITH VS. CITY OF FEDERAL WAY IN THE AMOUNT OF $20,000; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 7. ORDINANCES First Reading a. Council Bill #756/ 2019/20 Budget Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2019-2020 BIENNIAL BUDGET. (Amending Ordinance No. 18-860) Staff Presentation Finance Director Ade Ariwoola presented the 2019/20 Budget Amendments indicating this is allowable per RCW 35a.34.130. Mr. Ariwoola highlighted proposed major changes in General Fund ($754,043) as well as in the Non -General Fund ($2,016,897). Council Questions/Discussion Council asked questions regarding the length of time required to pay off bonds and how depleted the reserves are due to the weather events. Mr. Ariwoola indicated that most bonds have eighteen years remaining to be paid in full while SCORE's is at twenty years. Public Works Director EJ Walsh indicated that with the proposed budget adjustment the supplies will be back up to December levels. Councilmembers thanked Mr. Ariwoola for his willingness to meet with them individually to facilitate understanding of the current financial situation. Questions were asked regarding the transport of prisoners after leaving SCORE as well as which position Finance intents to fund with this adjustment. Chief of Police Andy Hwang noted there is an existing vehicle for transport, however there is a need for an additional vehicle. Mr. Ariwoola indicated that the new Finance Department staff is to enable cross training which will ensure coverage with vacations or staff departure. Citizen Comment No citizen comments were received. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE APRIL 16, 2019, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; Federal Way City Council Regular Minutes Page S of 7 April 2, 2019 COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes Second Reading b. Council Bill # 754/ Relatina to the 2018 Amendments to the Federal_ Wa Comprehensive Plan and Comprehensive Plan Map to Realign the Future Extension of South 324th St Further South to Connect with Weyerhaeuser Wav South AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE FEDERAL WAY COMPREHENSIVE PLAN, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, AND APPROVING A CITY -INITIATED COMPREHENSIVE PLAN AMENDMENT TO REALIGN THE FUTURE EXTENSION OF SOUTH 324TH STREET TO CONNECTTO WEYERHAEUSER WAYSOUTH INSTEAD OF 32ND AVE SOUTH. (AMENDING ORDINANCES NOS. 90-43, 95-248, 96-270, 98- 330, 00-372, 01-405,03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-64, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, AND 18-843) Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER KOPPANG APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. Councilmembers reviewed the process to date as well as their research and reasoning behind their support of the ordinance. Deputy Mayor Honda indicated she would not be supporting the ordinance due to her concern regarding the lack of a North-South arterial on the east side of Interstate -5 and the increased impact this would bring to Weyerhaeuser Way S. The motion passed 6:1 as follows: Deputy Mayor Honda no Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Council Bill # 755/ Relatina to the 2018 Amendments to the Federal Way Com Plan Comp Plan Map and Zoning Map for the Milton Road Area Legislative Comp Plan Amendment and Rezone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDMENTS TO THE FEDERAL WAY COMPREHENSIVE PLAN, AMENDING THE FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND ZONING MAP, AND APPROVING A CITY -INITIATED COMPREHENSIVE PLAN AMENDMENT AND LEGISLATIVE REZONE OF 56.06 ACRES LOCATED NORTH OF SOUTH 376TH STREET, EAST OF INTERSTATE 5, FROM SINGLE-FAMILY MEDIUM DENSITY (RS 35.0, ONE UNIT PER 35,000 SQUARE FEET) TO SINGLE-FAMILY HIGH DENSITY (RS 7.2, ONE UNIT PER 7,200 SQUARE FEET). (AMENDING ORDINANCE NOS. 90 -43,95 -248,96 -270,98 -330,00 -372,01 -405,03 -442,04- 460, 0 -43,95-248,96-270,98-330,00-372,01-405,03-442,04- 460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, AND 18-843) Federal Way City Council Regular Minutes Page 6 of 7 April 2, 2019 Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER KOPPANG APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson announced the Port of Seattle has internships available for high school students and encouraged Federal Way students to apply. Councilmember Johnson shared the Brave New World Event at the Performing Arts and Event Center Career Expo is scheduled for June 22, 2019. He is excited for the career and college fair portion as well as the concert. Councilmember Tran reflected on the time he spent in New York: he was impressed with the cities in terms of the lack of homeless individuals and panhandlers on the street. He also expressed appreciation the opportunity to recognize Myra Tran. Councilmember Koppang highlighted the continued work and service by both Shelly Pauls and Cheryl Hurst; they are instrumental in getting community members activated to serve. He specifically identified the Hylebos Blueberry Farm project wherein they partnered with staff to accomplish great change. Councilmember Moore expressed his remorse at the life lost due to a shooting in Seattle and reflected on gun ownership. He indicated he wants Council to take action on the Homelessness Task Force Report. Councilmember Duclos is concerned with the fine particles in the air as a result of the airplanes and wants the City to take action. Deputy Mayor Honda thanked staff for making it possible for her to participate in meetings telephonically while she was in Iowa. She announced the annual Soroptimist International of Federal Way Annual Luncheon scheduled for April 27 at the Twin Lakes Golf and Country Club; funds raised will be donated to the Senior Center. She referenced the work to be done in relation to Sound Transit acknowledging it is a lot of work with a limited amount of time. She is anxious to get started. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:02 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 April 2, 2019 5b COUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 STORM PIPE REPAIR PROJECT PHASE 1- 85% DESIGN STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Fei Tang, P.E., SWM Project Engineer '� f DEPT: Public Works ......................................................................................................................................................................................................../r.........I................................................................................................................................................................. i Attachments: Land Use and Transportation Committee Memorandum dated'April 1, 2019 Options Considered: 1. Authorize staff to complete the design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award, further reports, and authorization. 2. Do not authorize staff to bid this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 City Council Consent Agenda for app,pe�val. MAYOR APPROVAL: � 5 /-2/ // It l,(4 _ �51A l A— DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 16, 2019 consent agenda for approval. Mark Koptna Committee C it Jkion, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the 2019 Storm Pipe Repair Project Phase I and return to the LUTC and Council for bid award, further reports, and authorization. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 12019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor /f EJ Walsh, P.E., Public Works Director GSC /tom FROM: Fei Tang, P.E., SWM Project Engineer SUBJECT: 2019 Storm Pipe Repair Project Phase 185% Design Status Report and Authorization to Bid FINANCIAL IMPACTS: This project was authorized under the 2017 Surface Water Management (SWM) CIP budget update (304, Project 288) with an estimated budget of $100,000. SWM staff has requested additional funding for this project as the cost of pipe rehabilitation is higher than originally estimated. Under the 2019 budget adjustment, SWM has requested a transfer of $79,000 from the remaining balance of the recently completed Lakota Wetland Berm Repair project (304, Project 283) to this project. In accordance with the approved budget this project is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through surface water management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This project will repair deteriorated storm water pipes. These pipes were identified by the 2018 Storm Drain CCTV Inspection and Assessment project. The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the project is to proactively inspect storm drain assets and identify maintenance and repair needs before they cause flooding and/or other damage. The project has identified numerous deteriorated pipes that are in need of repair. The project for repairing these deteriorated pipes has been divided into two phases. Phase I will include the pipes that must be repaired with the open cut method. Phase II will repair the pipes with a more cost effective trenchless method. Staff is working on the design of the phase II project and will return to Council at a later date for 85% design status and authorization to bid. The following provides a brief synopsis of the progress on this project to date. The project design is approximately 85% complete, which includes the following completed tasks: • Identify pipe defects and repair method • Identify existing utilities in the vicinity of the repair sites • Request SERA and Critical Area Code exemptions • Project design plan, specifications and cost estimate (PS&E) — 85% April 1, 2019 Land Use and Transportation Committee 2019 Storm Pipe Repair Project Phase 185% Design Status Report and Authorization to Bid Page 2 Ongoing tasks include: • City right of way permit • Contract PS&E to 100% Project estimated expenditures: 2019 Storm Pipe Repair Project Phase I Construction $85,000 10% Construction Contingency $8,500 2019 Storm Pipe Repair Project Phase II $85,500 TOTAL PROJECT COSTS $179,000 Available Funding: Budgeted by 2017 SWM CII' Update $100,000 Transfer from Project 283 $79,000 Total Project Funding $179,000 5c SUBJECT: BROOK LAKE CENTER CONNECTOR BID AWARD POLICY QUESTION: Should the Council award the Brook Lake Center Connector Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution MEETING DATE: April 1, 2019 ❑ Public Hearing ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer ADEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 1, 2019. Bid Tabulation Options Considered: 1. Award the Brook Lake Center Connector project to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of $281,231.50 and approve a 10% contingency of $28,123.15 for a total of $309,354.65, approve a budget transfer from SWM Fund 304 in the amount of $136,482.65 and authorize the Mayor to execute the contract. 2. Reject all bids for the Brook Lake Center Connector and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 City Council Consent Agenda for appal. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: � 17S-) IS Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 16, 2019 consent agenda for approval. Chair Committee Member Comm tee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Brook Lake Center Connector to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of $281,231.50 and approve a 10% contingency of $28,123.15 for a total of $309,354.65, approve a budget transfer from SWM Fund 304 in the amount of $136,482.65 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Work �L�' G �i�_ John Mulkey, P.E., Street Systems Project Engineer%f' SUBJECT: Brook Lake Center Connector Trail at West Hylebos Wetlands Park 85% Bid Award FINANCIAL IMPACTS: This project was included within the approved budget under the 2019/2020 Surface Water Management (SWM) CIP budget (304, Project 284). In accordance with the approved budget, and additional unallocated funding this project is fully funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Parks Department maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND: This Project will connect the terminus of the West Hylebos Wetlands Park Boardwalk Trail to the Brook Lake Center property on the east side of Brook Lake. The project is entirely on City -owned property and will provide a second access point to the West Hylebos Wetlands Park Boardwalk Trail. The West Hylebos Wetlands Park and Boardwalk Trail are critical to SWM's public education and outreach efforts, including the annual Storming the Sound with Salmon Release Event, which has grown significantly since 2014. Logistics, safety, and parking are a challenge as the number of students, school busses, education stations, and salmon fry to be released have increased each year. Presently, the Boardwalk Trail ends at the northern end of Brook Lake at the Brook Lake Overlook. Building the Connector Trail will connect the Brook Lake Center to the existing Boardwalk Trail and allow additional access to facilities for students and the 40+ volunteers that sponsor education stations. Improved logistic efficiency during the release event will allow SWM to sustain the event and the completed Connector Trail will provide all City residents another access point to the Park. Two bids were received and opened on March 20, 2019 for the Brook Lake Center Connector project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Talakai Construction, LLC, with a total bid of $281,231.50. Staff reviewed the bids received. As both bids were relatively close in cost, staff believes that the City is unlikely to receive better bids if the project was to be rebid. AVAILABLE FUNDING: SWM CII' Funds 1 $232,872.00 SWM Fund 304 Transfer $136,482.65 (Unallocated) Total Available Funding $369,354.65 April 1, 2019 Land Use and Transportation Committee Brook Lake Center Connector Trail at West Hylebos Wetlands Park Bid Award Page 2 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Design $50,000 Construction $281,231.50 10% Construction Contingency $28,123.15 Construction Management $10,000 Total Project Costs $369,354.65 Staff recommends awarding the Brook Lake Center Connector project to Talakai Construction, LLC, the lowest responsive, responsible bidder, in the amount of $281,231.50 and approve a 10% contingency of $28,123.15 for a total of $309,354.65 and authorize the Mayor to execute the contract. City of Federal Way, WA Brook Lake Center Connector RFB No. 19-004 Bid Oaenina Date: March 22. 2019 Page 1 of 1 Bid 1 Bid 2 Engineer's Vendor Name ---> Talakai Construction, LLC Native Green Landcapes Estimate Location ----------> Seattle WA Bellevue, WA Item Total Cost Total Cost Total Cost A Brook Lake Center Connector $281,231.50 $310,000.00 $155,272.00 TOTAL BID AMOUNT $281,231.50 $310,000.00 $155,272.00 Bid Signature Addendum Acknowledged Bid Bond Combined Affidavit and Certification Form Contractor's Compliance Statement Page 1 of 1 Sd SUBJECT: RESOLUTION: RESOLUTION OF INTENT TO REFORM THE NORTH LAKE MANAGEMENT DISTRICT (NLMD) NUMBER 2 AND SETTING OF A PUBLIC HEARING DATE POLICY QUESTION: Should Council approve a Resolution of Intent to Reform the North Lake Management District Number 2 and set a public hearing date for the May 21, 2019 regular City Council meeting regarding the formation of the North Lake Management District 2'? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Coordinator DEPT: Public Works .......................................................................................................................Y.............................................................................. .............. .......................................................................................................................................... Attachments: Staff Report Petition for the Reformation of the NLMD Resolution of Intent to Reform NLMD Number 2 Options Considered: 1. Approve a Resolution of Intent to Reform the North Lake Management District Number 2 and set a public hearing date for the May 21, 2019 regular City Council meeting regarding the formation of the North Lake Management District 2. 2. Do not approve the resolution or set a public hearing date, and provide direction to staff. _ ......... ........... .............. MAYOR'S RECOMMENWION: Option I MAYOR APPROVAL ,moi) 9DIRECTOR APPROVAL: V4/ 31-2111, Co(nmittee Counct Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the April 16, 2019 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to approve the proposed resolution. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leah Myhre, Water Quality Program Coordinator Uv\ SUBJECT: North Lake LMD — North Lake LMD Petition Review, Resolution of Intent, and Setting of a Public Hearinv Date FINANCIAL IMPACTS: North Lake Management District 2 (NLMD) activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments, and thus will have no direct financial impacts on the City. After 10 years of successful lake management, 2019 will bring to a close the existing NLMD (2010- 2019). The NLMD provided an organizational structure and funding mechanism that allowed for proactive lake management focusing on the protection and enhancement of water quality, recreational use, and aesthetic value of North Lake. Citizens involved in the formation and operation of the NLMD are now interested in reforming the North Lake Management District Number 2 for another 10 -year period. Attached is a signed petition to the City of Federal Way City Council to renew the Lake Management District Number 2, beginning in 2020 with duration through 2029. The petition is being submitted by the current North Lake Advisory Committee and contains the signatures of 27 property owners that represent 17.74% percent of the acreage contained within the boundaries of the proposed district. This meets the criteria set forth in RCW 36.61.030 for the initiation of a lake management district. A copy of the petition is attached. Should the Council find that the attached petition is sufficient, the NLMD reformation process requires that a resolution of intent to reform the NLMD be adopted and that a public hearing date be set on the reformation of the lake management district. Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for North Lake, 2020-2029 We, the undersigned North Lake property owners, request that the Federal Way City Council renew the Lake Management District (LMD) Number 2 for North Lake pursuant to RCW 36.61 that will otherwise expire in 2019. The LMD funds will finance efforts to protect and enhance North Lake in terms of water quality, recreational uses, and aesthetic value. 1. Purpose of the Lake Management District • Form a Lake Management District that creates a funding source and an operational program for all future designated aquatic plant management, water quality management, and maintenance and monitoring activities. • Perform annual diver surveys to monitor changes in the aquatic plant community. • Control, remove, and contain aquatic plants, specifically non-native populations at as low a density as is environmentally and economically feasible, and at levels that will not impact public safety or the beneficial uses of the lake. • Reduce all other identified species of noxious weeds per the requirements of WAC 16-750 and even further, to levels that do not impact public safety, beneficial uses, or ecology of the lake. • Use appropriate aquatic plant control and treatment methods as needed for all other problematic aquatic weeds, using the best available science to identify and understand their effects on human, aquatic and terrestrial ecosystems prior to implementation. • Assess, improve, and monitor water levels and water quality. • Continue public education to prevent the introduction of noxious weeds, nuisance plants and non-native animal species to the lake; and to aid in the early detection of aquatic weed re -infestations. • Conduct a volunteer -driven water quality monitoring program that will track lake health based on the collection of data, including but not limited to: water level, temperature, Secchi depth, phosphorous and nitrogen. • Conduct public education to reduce the amounts of non -point source pollutants entering the lake, which can result in increased aquatic algae. • Continue to involve the North Lake Community in lake quality improvement. • Advocate for the preservation of the forested lakeshore and wetlands of the former Weyerhaeuser Campus in Federal Way, a vital component of the North Lake-Hylebos watershed. • Uphold the Shoreline Management Act that protects shoreline natural resources against adverse environmental impacts. The 2004 North Lake Integrated Aquatic Vegetation Management Plan (IAVMP) and subsequent Annual Reports (2005-2018) include the basis for the annual LMD work plan and LMD management goals. The LMD will reimburse the City for costs incurred by staff in providing aquatic vegetation program management tasks. All management district lake improvement and maintenance activities described in RCW 36.61.020 may be considered in the LMD scope, including: (1) controlling or removing North Lake LMD Petition Page 1 of 5 aquatic plants and vegetation; (2) improving water quality; (3) controlling water levels; (4) treating and diverting stormwater; (5) controlling agricultural waste; (6) studying lake water quality problems and solutions; (7) cleaning and maintaining ditches and streams entering the lake; (8) monitoring air quality; and (9) the related administrative, engineering, legal, and operational costs, including the costs of creating the LMD. 2. Boundary The proposed boundary of the LMD would include all property with lakefront on North Lake, and two individual adjacent properties that have lake access deeds. See attached map of proposed properties within the district. 3. Duration The proposed duration of the LMD renewal is 10 years. 4: Charges to Property Owners Annual rates and charges will be used to raise funds to support LMD activities. The following is the formula of rates and charges proposed for establishment of the assessment role for the LMD: Assessment Category Rate Revenue ($) Single Family Residential (RS9.6), Lakefront property Developed property (57 units) X $ 125.00 per unit $7,125 Vacant property (220 ft) X $ 0.85 per lakefront foot $187 Single Family Residential (RS9.6), Non -lakefront property with deeded lake access Developed property (2 units) X $ 90.00 per unit $180 Weyerhaeuser (CP -1) Commercial property (3,796 ft) X $ 1.00 per lakefront foot $3,796 WDFW Public Boat Launch Single annual assessment $4,000 TOTAL ANNUAL ASSESSMENT 1 $15,288 It is proposed that unallocated funds in the current LMD at the end of 2019 roll over into the LMD Number 2 for North Lake, 2020-2029. The estimated maximum amount that is proposed for the LMD in 2020 is $15,288.00. An automatic increase based on the Seattle Consumer Price Index (CPI) will be included in each annual billing after 2020 per approval by the North Lake Advisory Committee. At no time is the increase to be more than five (5) percent per year. Total maximum LMD rate revenue for the ten-year LMD based on an annual five percent increase for inflation is $192,290.82. Issuance of revenue bonds is not proposed. North Lake LMD Renewal 2020-2029 Petition Page 2 of 5 The LMD budget and rates will be approved through a public hearing and a public vote after the city council adopts a resolution to form the LMD. Once approved by the public and city council, the annual rates and charges may not be altered without another public vote and city council approval with the exception of the CPI increase described above. 5. North Lake Management District Advisory Committee The volunteer North Lake Management District Advisory Committee (Advisory Committee) is proposed to represent the interests of LMD property owners in the various neighborhoods around the lake. City staff will work with the Advisory Committee to develop the annual work plan. The annual LMD work plan and budget will be forwarded by the Advisory Committee for implementation by the City's surface water utility. The Advisory Committee will track and review activities and expenditures by the City as well as outside contractors. City staff will provide Advisory Committee support including quarterly financial reports. North Lake LMD Renewal 2020-2029 Petition Page 3 of 5 y„r AU Lake Management District: North Lake S 128TH ST U y Legend N g 329TH ST Parcel Categories 3� Single Family Residential Developed Property (RS9.6) North "e' Single Family Residential (RS9.6) Non -lakefront Properties with Deeded Lake Access, Developed K Single Family Residential Vacant Property (RS9.6) Lake 'a IRG Commercial Property (CP -1) 3 H WDFW Public Boat Launch a 125+ Site Address 7890 Parcel Number S 331ST PL S . y �y IPA S 334TH ST .`. S 333Rp 0 125 250 500 r Feet N v k„ 9G m C7 S 335TH PL Map Date: February 2019 N., _ > This map is intended for use as a graphical representation only. rn a a 2 The City of Federal Way makes no warranty as to its accuracy. m � N w x x in 4 9 S s 9� CITY OF Federal Way ` Centered on Opportunit,: t`o .rllirW .O,?J�4•� %�i Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for North Lake, 2020-20 RC W 36.6L030 — A lake management district may be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake management district. whichever is greater. Signature of Property Owner Fut! Address Parcel Number (if known) :3'3`t(,:4 -33,-v t~, 5. Uj A 2. 5 3. e 4. y ,� �� no l ��u d CC) .,n 5.��' 6.'11 7 t'ct trw,1 S ►- 3 38. f 33 vt2? 9.�,32 �L C 1 13 �� C ' 14. Ka a.YI �Ier 3 205C'We' S. W av-), 16.�-- 3 /(� S. 331,E i S . ry �90 17.�. /' �� t �. c 301e Ke S" -k -L, 2 33d 7 38 i S ra North Lake LMD Renewal 2020-2029 Petition Page 4 of 5 016� 403/44/11 Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for North Lake, 2020-2029 RCw 36.61.030 — A lake management district may be initiated upon either the adoption ofa. resolution of mention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake management district, whichever is greater. Signature of Property Owner Pull Address Parcel Number (if known) 21. 317.57. 23.4--- [ G y -r Z6 24.�3�1c� 5} < 27.�.3G 28. 29.Av a 5 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. North Lake LMD Renewal 2020-2029 Petition Page 5 of 5 Petition to the Federal Way City Council to Renew the Lake Management District Number 2 for .North Lake, 2020-2029 RCW 36.61.0 30 — A take management district may be initiated upon either the adoption of a resolution of intention by a county legislative authority or the filing of a petition signed by ten landowners or the owners of at least fifteen percent of the acreage contained within the proposed lake management district, whichever is greater. Signature of Property Owner Full Address Parcel Number (if known) 1. s _......, a, War; k � `t �.� � `.gym' � i 1 K, '.y►rkht& tta)1tacx, S BJtv�jrt`..jjt�wrmt,t: 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. North Lake LMD Renewal 2020-2029 Petition Page 4 of 5 RESOLUTION NO. 19- A RESOLUTION of the City of Federal Way, Washington, to Reform North Lake Management District Number 2, Declaring Its Intention to Do So, and Setting a Public Hearing on the Reformation of the Proposed District. WHEREAS, the term of the current North Lake Management District Number 2 will expire at the end of 2019; and WHEREAS, North Lake contains significant natural resources, e.g., wetlands, and supports many beneficial purposes including recreation, water quality, stormwater protection, aesthetics, and property value support; and WHEREAS, the City of Federal Way is committed to a good faith effort to continue these activities through a North Lake Management District; and WHEREAS, pursuant to RCW 35.21.403 and Chapter 36.61 RCW a lake management district may be formed to provide funding to support the maintenance and improvement of lakes; and WHEREAS, the North Lake community has demonstrated continued support for a North Lake Management District through submittal of a petition calling for the reformation of North Lake Management District Number 2, which contained the signatures of 27 property owners representing 17.74 percent of the acreage contained within the proposed reformed North Lake Management District Number 2; and WHEREAS, the signatures on the petition are sufficient to satisfy the requirements of RCW 36.61.030; and WHEREAS, the proposed reformed North Lake Management District Number 2 is in the public interest and the financing of the lake improvement and maintenance activities is feasible; and Resolution No. 19- Page 1 of 5 access will be charged $90.00 per unit. Commercial property will be charged $1.00 per lakefront foot per year. The Department of Fish and Wildlife parcel with a public boat launch will be charged $4,000.00 per year. Section 2. Public Hearing. A public hearing conducted by the City of Federal Way City Council shall be held on the formation of the proposed NLMD, as follows: DATE: May 21 st, 2019 TIME: 7:00 p.m. or shortly thereafter PLACE: City of Federal Way City Hall, 33325 8th Avenue South, Federal Way, WA 98003 Section 3. Establishment of Advisory Committee. If North Lake Management District Number 2 is reformed, the City of Federal Way City Council will reestablish a non -paid Advisory Board of lakefront property owners, which represents the diverse property owners around North Lake, to oversee the implementation of the NLMD program and to assist the City of Federal Way in establishing annual budgets and work plans for the use of NLMD revenues and expenditures. The Advisory Board will meet regularly as determined by the Board, propose annual budgets for NLMD expenditures to the City of Federal Way, educate its neighbors on NLMD issues, and submit annual reports of NLMD activities to the City of Federal Way. Section 4. Public Notice. The City of Federal Way Clerk is hereby directed to publish and mail notices as required by Chapter 36.61 RCW. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Resolution No. 19- Page 3 of 5 Section 6. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. [Signatures to Follow] Resolution No. 19- Page 4 of 5 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 19- Page 5 of 5 a COUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT WA STATE TRANSPORTATION IMPROVEMENT BOARD COMPLETE STREETS GRANT POLICY QUESTION: Should City Council authorize staff to accept WA State Transportation Improvement Board grant funding for a complete street project and transfer $100,000 from the Traffic Impact Fee account for matching funds? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Erik Preston, P.E. Senior Traffic Engineer DEPT: Public Works .................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................ Attachments: Staff Report Options Considered: 1. Accept WA State Transportation Improvement Board (TIB) grant funding for the Complete Street Project at the intersection of S 320`h Street and Pacific Highway and authorize the transfer of $100,000 from the Traffic Impact Fee account for matching funds. 2. Do not approve accept the TIB grant funding or authorize the transfer of Traffic Impact Fee funds and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 Council consent agenda for approMl. MAYOR APPROVAL: Ccinmittee Initial/Date Initial/Date DIRECTOR APPROVAL: Y J�i✓ 3 IZ2II� Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the April 16, 2019 consent agenda for approval. PROPOSED COUNCIL MOTS N: "I move to accept Transportation Improvement Board (TIB) grant funding for the Complete Street Project at the intersection of S 32e Street and Pacific Highway and authorize the transfer of $100, 000 from the Traffic Impact Fee account for matching funds. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Erik Preston, P.E., Senior Traffic Engineer SUBJECT: Authorization to Accept WA State Transportation Improvement Board Grant Funding for Complete Streets Project FINANCIAL IMPACTS: This Complete Streets project was not included in the current budget due to timing of the grant application process. The total project costs are estimated to be $200,000 with the proposed funding make- up to include $100,000 (TIB Grant); and $100,000 from the Traffic Impact Fee (TIF) account. A budget amendment will be required prior to project construction in 2020. This project is a sidewalk and signal retrofit project and therefore, no additional operation and maintenance funds will be required. BACKGROUND: In 2015, the legislature authorized Complete Streets Award funding (administered through the Transportation Improvement Board (TIB)) to any local agency who has an adopted complete streets ordinance and shows an ethic of planning and building streets that use context sensitive solutions to accommodate all users, including pedestrians, transit users, cyclists, and motorists. This program is unique in that it provides flexible funding to be utilized to improve the transportation experience for all users and can range from operation and maintenance to capital improvements. In order to be considered for a Complete Streets Award, the local agency must receive a nomination from at least one of eight eligible non -motorized transportation advocate groups or agencies. The City received two nominations: one from Feet First and Community Transportation Association -NW. Once confirmed for an award, TIB requests a work plan from each agency detailing what the funds will be utilized for. Funds need to be utilized within 20 months in order to be eligible for the next round of Complete Streets awards. After consultation with TIB, it was determined that funding should be focused on upgrading known obstacles within high priority pedestrian corridors. Consistent with the city's Draft American with Disabilities Act (ADA) Transition Plan, the highest priority pedestrian corridors are within the city center. The proposed project will upgrade the curb ramps and pedestrian signal push buttons at the intersection of S 3201h Street and Pacific Highway South to meet current ADA standards. 5f SUBJECT: UNDERGROUND UTILITY LOCATING SERVICES AGREEMENT POLICY QUESTION: Should the City Council approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance MEETING DATE: April 1, 2019 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: esiree S. Winkler, P.E., Deputy Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated April 1, 2019 Underground Utility Locating Goods and Services Agreement Options Considered: 1. Approve the Underground Utility Locating Services Agreement with USIC Locating Services, LLC, in the amount not -to -exceed $150,000.00, and authorize the Mayor to execute the agreement. 2. Reject all proposals for the Underground Utility Locating Services and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 City Council consent agenda for appro 1. MAYOR APPROVAL: 3 60 -1 DIRECTOR APPROVAL: 11 Co ttee Counc' initial/Date Initial/Date V Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the April 16, 2019 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move approval of the Underground Utility Locating Services Agreement, effective May 1, 2019 through December 31, 2020 with a total compensation not -to -exceed $150,000, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # , ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Director of Public Workw�% FROM: esire6 S. Winkler, P.E., Deputy Public Works Director SUBJECT: Underground Utility Locating Services Agreement FINANCIAL IMPACTS: This project was included within the 2019-2020 budget for both Surface Water Management and Traffic Division for a total of $92,410 per year. This will replace the current Traffic contract of $27,410 per year with King County. No new General Fund money will be allocated to this contract, however the City's risk associated with utility strikes will be reduced from the current contract amount. Within the Surface Water Management $65,000 per year has been programmed to fund this contract. To continue to meet the expanding requirements of our NPDES Permit, without this contract, the City would need to either hire an additional SWM Inspector or outsource other inspection work. Both of those options would have a larger financial burden on the City than outsourcing the utility locate contract. This contract will be managed by existing staff, and no other Financial Impacts are anticipated. BACKGROUND: During the 2019-2020 budget process Public Works reviewed all of our in-house and contracted services to identify both financial savings and also opportunities to create efficiencies within the Public Works Department. One area that was identified was the Underground Utility Locate program. The City is required by RCW to mark -out or confirm there are no City owned utilities (Surface Water, Street and Traffic Lights, Fiber) when a One Call is requested within City Limits. Currently a Surface Water Management Inspector marks -out Surface Water utilities; Street and Traffic Lights are marked out as part of a contract with King County; and Fiber is largely not marked. In the event of a utility being hit during construction, if the City did not mark or cause the utility to be properly marked, the City is liable for the repair costs. Surface Water Management originally had 0.2 FTE of an inspector dedicated to meeting this requirement. Currently SWM has 0.5 FTE dedicated to complete the increased workload associated with the increasing amount of development occurring within the City. Inspection requirements from Ecology associated with the City's NPDES Permit have also increased over the last several years and without outsourcing this SWM will be required to bring in additional staff or contracts to complete other NPDES Permit mandated requirements such as Commercial Inspections, Surface Water Outfall Inspections, and Catch Basin Inspections. Within the 2019 -2020 budget, Surface Water allocated $65,000 towards contract funding. Traffic currently contracts with King County to complete this work at an approximate cost of $27,410 per year. In accordance with the King County Contract, they operate as an extension of our staff, meaning if April 1, 2019 Land Use and Transportation Committee Underground Utility Locate Agreement Page 2 something is not marked or miss -marked the City is liable for the damage to the utility, not the County. This same funding amount is proposed to be transferred to this program, with no increase in funding. IT typically does not mark out fiber, meaning if there is a strike or damage, the City is fully liable for damages. While these are not budgeted, when a strike occurs it typically costs approximately $5,000 to $50,000. The cost for IT to be included within this contract was identified as approximately $10,000 per year, however this was not funded as part of the 2019-2020 budget. The approved budget includes outsourcing both the Surface Water Management and the Traffic components to a single, competitively secured, contract. As part of the new contract, the successful firm will assume the liability that is currently being transferred from King County to the City. The request for proposals includes an hourly rate for locating fiber optic cable upon City special request outside of the one call system. Although currently not budgeted for, this pre -determined rate provides flexibility to add this service at a future date if additional funding becomes available or is necessary as part of a separately funded project. Only one proposal was received. Although seemingly non-competitive, it was not surprising, as USIC Locating Services, LLC is the primary underground utility locator in the area and therefore benefits from economies of scale providing locates for other utilities in the same location. USIC Locating Services, LLC has a proven track record, positive references, and reasonable costs, and therefore, staff recommends entering into this agreement. Table 1: Expenditures Dates of Service Cost May 2019 — December 2019 $ 55,470 January 2020 — December 2020 $ 94,530 TOTAL $150,000 Table 2: Revenue Revenue Source Amount May 2019 — December 2019 (reduced King County Traffic Contract) $ 16,000 January 2020 — December 2020 (reduced King County Traffic Contract) $ 27,410 SWM - 2019 $ 65,000 SWM - 2020 $ 65,000 On-call locates and fiber locates for capital projects TBD TOTAL $173,410 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253 ) 835-7000 www cityoffederahv4y com GOODS AND SERVICES AGREEMENT FOR UNDERGROUND UTILITY LOCATING This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and USIC Locating Services, LLC, an Indiana Limited Liability Company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: USIC LOCATING SERVICES, LLC: Darin Stalbaum, Vice President 9045 North River Road, Suite 300 Indianapolis, IN 46240 317.575.7800 (telephone) 317.663.0708 (facsimile) cllc.com The Parties agree as follows: CITY OF FEDERAL WAY: Cole Elliot, Development Services Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 253.835.2730 (telephone) 253.835.2709 (facsimile) Cole.elliot@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete GOODS AND SERVICES AGREEMENT 9/2017 CITY OF CITY HALL AR,.... Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wvwv c voffederalway con the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," 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 Term. Except as otherwise provided in Exhibit `B," 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. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT 9/2017 CITY OF L Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 vvivwcrtvoffederalwa- com 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. GOODS AND SERVICES AGREEMENT 9/2017 CITY Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw cityoffederalway: corn 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $3,000,000 for each occurrence and $3,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. $. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. GOODS AND SERVICES AGREEMENT 9/2017 CITY OF CITY HALL �.. 33325 8th Avenue South Federal Way. WA 980o03-6325 Fe d e ra 11Nay (253) 835-7000 :vvwv: ctyoffederalway com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close GOODS AND SERVICES AGREEMENT 9/2017 CITY OF CITY HALL '�.._. Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 %vww ciVoffederahvay cora family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. GOODS AND SERVICES AGREEMENT 9/2017 41 CITY OF CITY HALL 8th Federal Way 33325 8th Avenue South Federal Way. N!A 98003-6325 (253) 835-7000 wives cityoffederalway com 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT 9/2017 CITY OF ,t Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wwvw cftyoffederafway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE USIC LOCATING SERVICES, LLC: 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 limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT 9/2017 CITY OF CITY HALL Fede�� I y 33325 8th Avenue South aFederal Way. WA 98003-6325 J (253) 835-7000 wmv cavoffederatvuay. coni EXHIBIT A SERVICES The City owns underground facilities consisting of: • Storm Drainage: Storm Drainage Facilities Including, but not limited to: o Storm Drainage Pipes o Catch Basins o Storm Drainage Vaults and Tanks • Electrical: Electrical Conduits and Conductors Including, but not limited to: o Electrical Conduits and Conductors for Street Lighting Systems o Electrical Conduits and Conductors for the Traffic Signal System o Copper Interconnect system for Traffic Signal Systems • City Fiber System (Not included in Normal Locate Rate): Conduits and fiber optic cable. The underground facilities may be constructed of concrete, steel, aluminum, copper, or plastic. The facilities are generally within public right-of-way but may also be on an easement to which the City has rights, or within City owned property. The Contractor agrees to furnish labor, supervision, tools, equipment and transportation as required to locate Underground Facilities owned by the City, as requested by the City. In performing such services, the Contractor will comply with all applicable federal, state, county and local laws, ordinances and regulations, and will be responsible for obtaining all business licenses, permits, inspections, and other authorizations required for the Contractor's performance of this Contract. The City joined and is separately contracting with the Northwest One -Call Subsurface Warning System (herein referred to as NW One -Call) for notification of requests for locating and marking underground (subsurface) facilities. NW One -Call will forward utility underground locating requests to the selected Contractor. The Contractor shall provide to the City two (2) email addresses at which to forward locate requests. The Contractor shall also provide at least two (2) telephone numbers that are monitored 24/7 and will be responded to within two (2) hours if the email notification system is non- functional for any reason. SECTION I – DEFINITIONS The definitions of Chapter 19.122 RCW in their entirety are hereby incorporated by reference. A. "APWA Guidelines" — Marking standards as defined by the America Public Works Association, www.apwa.net. B. "At Fault Damages" — Damage to City's Underground Facilities caused by an Excavator that occurs with respect to Locatable Underground Facilities unless Contractor can demonstrate that the Locate was done with Reasonable Accuracy. C. "Consequential Damages" — Shall include, but not limited to, loss of anticipated profits, loss of revenue, loss of use and cost of capital. D. "Consumer -Owned Facilities" — Any Underground Facility maintained, but not owned by the Facility Owner. E. "Contract Service Area" — Geographical service area that City requests Contractor to perform locating services which is the corporate limits of the City of Federal Way, as they exist today or modified in the future. F. "Excavation Site" — The area where an Excavator intends to or actually performs Excavation. G. "Excavator Notification" — Notification given to the Excavator that Underground Facilities are not present at the Excavation Site. H. "Facility Owner" — The owner of a specific Underground Facility. For purposes of this Contract, the Facility Owner is the City. GOODS AND SERVICES AGREEMENT Rev. 9/2017 CITY OF CITY HALL '�.... 33325 8th Avenue Federal Way. WA 984038003 -6325 Federal Way (253) 835-7000 www c i yoffederahmv cern I. "Locate" — The process of detecting Underground Facilities through the use of inductive or conductive equipment and Marking the surface of the ground to identify the existence and horizontal location of Underground Facilities. J. "Locate Request" — Notice of proposed Excavation made by an Excavator to the One -Call Center. K. "Maps and Records" — Information supplied in electronic format to Contractor by the City that shows the approximate horizontal location of the City's Underground Facilities. L. "Master Construction Contractor" — City's designated representative that performs construction and placing services for new Underground Facilities. M. "One -Call Center" — A service through which a Person can notify utility companies of proposed Excavation and request field Marking of Underground Facilities. For the City of Federal Way, the current One -Call Center is NW One -Call. N. "Positive Response Center" — A service, usually provided by the One -Call Center in the state of Washington, that receives all information related to the completion of a Locate Request. O. "Pot Hole" — The process of physically exposing City's Underground Facilities in a small area, thereby visually identifying the facility's location. P. "Screen" — The process of utilizing City supplied Maps and Records in order to determine that City owned Underground Facilities are not in conflict with proposed excavation. Q. "Site Surveillance" — To guard and protect City's Underground Facilities during unusual or extensive Excavation projects (e.g. road widening projects, sewer projects, etc.), provide such continuous on-site locating services as may be necessary to ensure Markings are visible to the Excavator. "Site Surveillance" is also known as standby protection. R. "Utility ID Code" — One -Call Center's unique identifier that establishes the City's geographical service territory. SECTION II – CONTRACTOR'S DUTIES AND RESPONSIBILITIES The Contractor shall: A. Provide sufficient qualified staff, office, marking equipment, and computer systems compatible with the existing communications system used by the One -Call Center. Contractor will provide transportation, traffic control (as needed), and supplies to fulfill its duties under this Contract. B. Provide sufficient qualified staff, office, and computer system with software compatible with existing electronic mapping system utilized by the City. C. Receive and record Locate Requests from the One -Call Center on Business Days during the normal office hours of the local One -Call Center (typically 7:00 am through 5:00 pm). D. Receive and record Emergency Locate Requests outside Business Day hours and respond within two (2) hours of receiving an Emergency Locate Request. E. Upon receipt of a Locate Request, Contractor will determine whether a field visit to the excavation site and a visual examination is required to determine if a conflict exists between the City's Facilities and the proposed excavation. For all sites with City owned utilities within 300 feet of Locate Request, a field visit shall be completed. If Contractor determines that no field visit or visual examination is necessary using City -provided Maps and Records, Contractor will proceed under Section II, Paragraph G. F. If Contractor determines that there are Locatable Facilities present at the excavation site, it will indicate the presence of those facilities with appropriate Markings. G. If Contractor determines that the City's Facilities are not present at the excavation site, Contractor will either notify the Excavator or Positive Response Center prior to the proposed excavation that City's Facilities are not present or mark the excavation site in a manner to indicate that City's Facilities are not present at the proposed excavation site GOODS AND SERVICES AGREEMENT Rev. 9/2017 ` CITY OF CITY HALL Fe d eraI Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 mm cftvoffederahmy corn and perform required mark out services according to APWA Guidelines and following State damage prevention laws for the Contract Service Area(s). H. If excavation is to occur within five (5) feet of a storm drainage pipe that exceeds twenty (24) inches in diameter, the Contractor shall notify the City's representative when the Positive Response Center is notified. When the Underground Facility is Identified, but Unlocatable, the Contractor must contact the City's representative within two (2) hours of discovery, and advise the representative of the situation. The City's representative will determine the course of action to be taken. If no course of action is successful, the Contractor shall notify the Excavator of the presence of an Identified, but Unlocatable Facility and caution the Excavator that any location information supplied may not be within the definition of Reasonable Accuracy. Contractor is not liable for any damages to Identified, but Unlocatable Facilities. J. Investigate all incidents of damage (referred to Contractor by City in accordance with Section IV, Paragraph B) for accuracy of the Locate(s) and submit to the City a written report of such investigations. Such report will contain Contractor's determination as to whether the Damage to City's Facilities constitutes At Fault Damages. The City shall have thirty (30) days after receipt of Contractor's written report to contest Contractor's conclusion. Unless the City notifies the Contractor in writing within such period that it disputes the Contractor's conclusion as to At Fault Damages, Contractor's conclusion with regard to that issue shall be deemed binding with respect to this Contract. The Contractor will maintain a copy of such written reports for a period of three (3) years, or such longer period as may be required by State law. Upon request, the Contractor will give testimonial support in cases deemed necessary by the City. The charges for investigation of damage and testimonial support will be billed at the hourly rate (Attachment A, "Hourly Rate"), however, if the damage was a result of the Contractor's failure to Locate a Locatable Underground Facility with Reasonable Accuracy, then the Contractor shall not be reimbursed for the damage investigation charges. K. Provide additional services such as Site Surveillance, Marking of Consumer -Owned Facilities, and maintenance of marks and stakes if specifically requested to do so by the City's representative. Prior to the Contractor's commencement of the additional services, the City must specifically approve such additional services in writing and the costs charged will be at the hourly rates specified in this Scope of Work. L. Notify the City's representative of any discovered discrepancies or omissions in the records or other information provided to the Contractor by the City. In the event that the Contractor updates City provided mapping based on field discoveries, such mapping shall be supplied to the City. M. Retain and safeguard the City's location maps and records. Records shall not be disclosed or made available to any Person not approved by the City, except as required by law. Requests for maps and records will be directed to the City representative. N. Maintain records appropriate to support the invoicing and reporting requirements set forth in Section III. The Contractor agrees to retain such records for a period of six (6) years, or such longer period as may be required by State law. O. Any other provisions of this Contract to the contrary notwithstanding, the Contractor maintains the right to decline any Locate Requests for site surveys, locating and Marking services in areas which the Contractor deems impractical to serve because of inaccessibility, safety, or other considerations approved by the City. Contractor shall notify the City within two (2) hours of discovery, if such an instance occurs. P. Contractor shall notify the City representative within two (2) hours of becoming aware that any City facility has been damaged. Q. Contractor shall be responsible for paying the City's Restoration Costs for disturbed or damaged Facilities to return the Facilities to substantially the same or better condition only if: a) Contractor receives a request to provide Locate Services with respect to the City's Facilities, and b) the Damage to the City's Facilities constitutes an At Fault Damage. Restoration costs payable by Contractor shall not exceed $25,000 per incident. If the Damage to the City's Facilities is not At Fault Damages or if the City's Facilities are Unidentifiable Facilities or Unlocatable Facilities, Contractor's responsibility will be limited to providing whatever support to the City it can reasonably provide to establish whether the Excavator or another third party is liable for such Damage to the City's Facilities. GOODS AND SERVICES AGREEMENT Rev. 9/2017 CITY OF CITY HALL Fe d e ra I Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway cam SECTION III — CITY'S DUTIES AND RESPONSIBILITIES The City shall: A. Provide to the Contractor electronic Maps and Records (including overall service area maps) of the City's Underground Facilities. These maps, drawings, and electronic mapping data will reflect the most current information available to the City. Updates to Maps and Records shall be provided to Contractor on at least a quarterly basis. The underground facility maps and records currently available are as follows: Storm Drainage: The City shall provide the Contractor the stormwater electronic underground facility mapping data in an ESRI Shapefile format compatible with GIS software. 2. Electrical: The City will provide a PDF or ESRI shape file of the traffic signal, street light, and copper interconnect locations. In addition, PDF construction drawings of each traffic signal intersection showing general locations of conduit and conductor paths will be provided. 3. City Fiber Optics: The City will provide a PDF or ESRI shape file of the fiber optic system. B. The City shall take steps necessary for the One -Call Center to send all tickets directly to Contractor and shall pay for all charges associated with the One -Call Center ticket transmissions. The City shall forward any direct Locate Requests to One -Call Center. C. The City agrees that Contractor will have the right to screen tickets using City -provided Maps and Records. The City also agrees that Contractor will not be liable for any damages that occur as a result of incorrect prints that were used to screen locations. D. The City shall notify the Contractor within two (2) hours of City receiving a notification of damage so the Contractor can conduct a timely and thorough investigation. If the City fails to notify the Contractor within seventy-two (72) hours of the City learning of the damage, the Contractor is not responsible or liable for any costs associated with the repair to the damaged facility. E. The City shall not be responsible for any violation or fine assessed against Contractor by any government entity in connection with the work contemplated and/or performed under this Contract. SECTION IV — INVOICING, REPORTING AND RESPONSIBILITIES A. Rate Types: 1. Normal Locate Rate (Field) — Rate applied to each Locate Request received from the One -Call Center for marking the City's Underground Facilities (Storm and Electrical only) in accordance with the APWA standards and/or Damage Prevention laws of Washington requiring a Site Visit and marking utilities or lack thereof. All locate requests will have a maximum footage of 300 feet per request. Requests in excess of 300 feet will be billed as an additional "Normal Locate Rate" ticket for each 300 -foot increment. 2. No Conflict Rate — Rate applied to each Locate Request that is determined as not in conflict (Storm and Electrical Only) and cleared without having to make a site visit. 3. Hourly Rate — Rate applied for work requested by the City outside the normal scope of completing Locate Requests, including Site Surveillance, Locate Requests for survey work, Marking Consumer -Owned Facilities, damage investigations (one hour per investigation except as specified in Section II Paragraph I) and any special reporting requested by City. 4. Hourly Overtime Rate/Call Out Rate — Rate applied for any Hourly work that exceeds eight (8) hours in a given day or Hourly work outside of normal working hours 7:00 AM to 5:00 PM, Monday through Friday, except holidays. This rate is also applied to any Emergency Locate Request that is received and requires response by Contractor outside normal working hours on Business Days. GOODS AND SERVICES AGREEMENT Rev. 9/2017 CITY OF '.... Federal CITY HALL Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 twmv cltyoffederalway coin 5. City Fiber Optic Cable Locate — Rate applied for work requested by the City, specific to the City Fiber Optic System, including Site Surveillance, Locate Requests for survey work, Marking Consumer -Owned Facilities, damage investigations (one hour per investigation except as specified in Section II Paragraph 1), and any special reporting requested by City. Assume that the fiber optic conduit will require installation of a traceable wire within existing conduit for locating. The Contractor will invoice the City on a monthly basis for all Locate Requests and Hourly work completed during the preceding calendar month. The Contractor's monthly invoice shall include the following: 1. The City's name; 2. The period during which the services were performed (the "Billing period"); 3. The total number of Locate Requests received; 4. The total number of Locate Requests completed, by rate; 5. The total number and nature of additional Hourly or other services performed for the City; 6. The total charges for the Billing Period. D. The monthly report to accompany and support the invoice will include an itemized tabulation which shows the following information with respect to each Locate Request the Contractor received: 1. Ticket number; 2. Date of completed Locate Request; 3. Locations of proposed excavation; and 4. Type of request. GOODS AND SERVICES AGREEMENT Rev. 9/2017 ` CITY of CITY HALL 33325 8th Avenue South Federal Way, VVA 984o03-6325 Federal Way (253 ) 835-7000 mm ckvoffederahvay coni EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00). 2. Method of Compensation: Unit price In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as shown below: ITEM ITEM UNIT ESTIMATED UNIT EXTENDED WSST** TOTAL NO. DESCRIPTION QTY PRICE PRICE 1 Normal Locate Rate EA 2,200 $18.50 $40,700.00 $0 $40.700.00 (Storm and Electrical Only) 2 No Conflict (Storm EA 2,700 $18.50 $49,950.00 $0 $49.950.00 and Electrical Only) Cleared Rate 3 1 Hourly Rate Hour 1 40 $52.00 $2,080.00 $0 $2,080.00 4 Callout/Overtime Hour 20 $50.00 $1,000.00 $0 $1,000.00 (OT) Hourly Rate 5 City Fiber Optic Hour 40 $20.00 $800.00 $0 $800.00 Cable Locate Total: $94,530.00 $0 $94,530.00 The base proposal included estimated quantities for twelve months of service. The total compensation has been prorated for nineteen months of service. GOODS AND SERVICES AGREEMENT Rev. 9/2017 5gCOUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO CHANGE SPONSOR FOR KING COUNTY CONSERVATION FUTURES FUNDING AWARD POLICY QUESTION: Should City Council authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of $500,000. COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 1, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Theresa Thurlow, P.E. SWM Division Manag r DEPT: Public Works ........................................................................................................................................................................................................................................................................................................... Attachments: Staff Report Options Considered: 1. Authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of $500,000. 2. Do not authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of $500,000 and provide direction to staff. .............. ...................................................................................................................................................................................................................................................................... MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 16, 2019 Council consent agenda for approval. MAYOR APPROVAL: 3 DIRECTOR APPROVAL: ommit e co cil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 16, 2019 consent agenda for approval. PROPOSED COUNCIL MOTION: "I move to authorize staff to submit a request to King County for a change in sponsor for the Conservation Futures Fund 2019 Award in the amount of $500, 000. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 1, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Theresa Thurlow, P. E., Surface Water Manager 14 -- EJ Walsh, P.E., Public Works Director SUBJECT: Authorization to Change Sponsor for King County Conservation Futures Funding Award FINANCIAL IMPACTS: The Hylebos Conservation Property Acquisition project was included in the 2017 SWM CIP update and approved by City Council on June 6, 2017. The approved budget for this project is $2,000,000 of which $1,000,000 is SWM CIP (304) funding and $1,000,000 is King County Conservation 2018 Futures Tax levy (CFT) award. On January 15, 2019 City Council authorized SWM staff to accept the 2019 CFT funding award in the amount of $500,000. Forterra previously received funding from the State Legislature for the same cause, and the Conservation Futures Funding award identified this State funding as the match for the 2019 CFT award of $500,000. SWM Staff is requesting authorization to submit to King County CFT program for a change in sponsor for this approved fund award to Forterra, as they are the lead sponsor for this project. There is no impact to the SWM (304) budget as no matching funding was identified for this award. ect (Funding Phase) Est Acquisition Year King County CFT 100% City Match 'Hylebos Basin $8,500,000 aisition 2018 $1,000,000 SWM CIP (304) 5h SUBJECT: WIDE AREA MOWER REPLACEMENT POLICY QUESTION: Should council authorize replacing a wide area mower this year and use existing replacement reserves to make the purchase? COMMITTEE: PRHSPSC MEETING DATE: 4/9/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks & Facilities Manager DEPT: Parks ................. ........................... ......................... ............. ......... ......... ................... .................................................... Attachments: Staff Report Options Considered: 1. Authorize staff to replace a wide area mower this year and use existing replacement reserves to make the purchase. 2. Do not authorize staff to replace the wide area mower this year and allocating replacement reserves to make the purchase and provide staff direction. MAYOR'S RECOMMEN ION: Option #1 + MAYOR APPROVAL: 7 'q , 3 7 ;DIRECTOR APPROVAL: .S� 3 '2� • l9 Co mittee Coun Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed replacement of a wide area mower and use of replacement reserves to make the purchase of a new wide area mower to the April 16'h, 2019 consent agenda for approval. " Committee Chair Committe Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to replace a wide area mower and authorize use of replacement reserves to make the purchase of the mower. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # `CITY OF Federal Way DATE: March 27, 2019 To: PRHSPS Committee FROM: Jason H. Gerwen, Parks & Facilities Manager RE: Wide Area Mower Replacement SUMMARY/ BACKGROUND: The Parks Department utilizes a wide area mower with a mowing width of 16'. In late February 2019, while the wide area mower (E4251) was in for its annual service, we were informed that it had transmission issues and was going to cost $15,000 to repair. With this significant repair cost, we explored the possibility of replacing the unit. This mower was not included in the 2019-2020 budget because we believed it could make it another budget cycle before needing to be replaced, despite meeting it's lifespan of 7 years and being eligible to be replaced in 2019. Due to the power train issue and the number of hours on the mower the Public Works Director, Fleet Coordinator and Parks Department management team believe it is a better business decision to replace the unit now. We have $94,575.00 replacement reserves, plus $11,000 trade in value, leaving us short -$1,107.52 to replace. Parks Department staff has identified operations money to cover the shortage. We are requesting authorization to replace the mower this year and approval to use available replacement reserves to make the purchase. Financial implications: Replacement reserves available Replacement reserve shortage: On-going financial implications Gasoline, Repair & maintenance supplies: (Already Collecting) Product Description Qty. Unit Price Extended Sales Tax Total Trade -In Allowance -1 $11,000.00 $11,000.00 $0.00 -$11,000.00 GM5900 T4 Final 1 $96,006.14 $96,006.14 $9,600.61 $105,606.75 Blade Service Pack 1 $227.42 $227.42 $22.74 $250.16 Universal Sunshade 1 $575.55 $575.55 $57.55 $633.10 Inbound Freight Fee 1 $175.00 $175.00 $17.51 $192.51 Totals $95,682.52 $ 94,575.00 $ -1,107.52 il- 5i COUNCIL MEETING DATE: April 16, 2019 ITEM #: ...................................................................................................................................................................................................................................._................_........................................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — YAKIMA COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Yakima County Jail for jail services at the cost of approximately $800,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Kurt Soh ❑ Ordinance ❑ Resolution Professional Standards Commander Attachments: 1. Staff Report 2. Yakima County Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not aDnrove this contract MEETING DATE: April 9, 2019 ❑ Public Hearing ❑ Other DEPT: Police MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Yakima County Jail to the April 16 019 Council consent agenda ora proval. ommittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Yakima County Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Yakima County Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Yakima County Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Yakima County Jail would be $800,000. Background Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Yakima County Jail has been identified as one of the jail services providers to be utilized in order achieve the above stated savings. The projected annual cost to utilize the Yakima County Jail would be $800,000. Rev. 7/18 AGREEMENT FOR INMATE HOUSING 2019 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Federal Way (hereinafter the "City'l. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for inmate housing, and WHEREAS, the City desires to transfer custody of certain of its inmates to the County to be housed in the County's corrections facilities during those inmates' confinement, and to compensate the County for housing such inmates, and WHEREAS, the County desires to house inmates who would be otherwise in the City's custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which the County will house City inmates. 2. Definitions. Business day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established the City's custody of a City Inmate. Detainer — A legal order authorizing or commanding another agency a right to take custody of a person. City Inmate means a person subject to City custody who is transferred to County custody under this Agreement 3. General Provisions. The County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. The County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. The County shall provide notice to the City at least one business day prior to transport. 5. Inmate Transport. County Transported: The County shall transport Inmates to and from the County's corrections facilities except when weather or other conditions beyond the County's control prevent transport. Inmate transport dates will be determined by the amount of inmates the City has housed with the County. Agreement for Inmate Housing -- 2019 Page 1 The County will pick up and drop off Inmates at a mutually agreed mon destination. In the event the City wishes the County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notify the County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transport list to the County the business day prior to transport. At the time of scheduling transport if possible, but no later than transport pickup, the City shall provide to the County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. City Transported: The City will provide the County a written transport list to the County the business day prior to delivery. At the time of delivery, the City shall provide the County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to the County's transport officers prior to the Inmate's departure from the City's detention or designated detention facility. In the event the Inmate is transported by the City, the City shall provide all medical records in its possession to the County's booking officer. In the event additional information is requested by the County regarding a particular Inmate, the County and City will mutually cooperate to provide the additional information needed. 7. Inmate Property. The County shall accept and transport Inmate property in accordance with Attachment B — Property, and shall be responsible only for inmate property actually delivered into County possession. The County shall hold and handle each Inmate's personal property in the same manner it holds and handles property of other County inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered and accepted into County possession. When returning Inmates to the City, the County shall transport Inmate property according to the provisions of Attachment B — Property, and it shall be the responsibility of the County to dispose of any of the Inmate's property not transported with the Inmate. 8. Booking. Inmates shall be booked pursuant to the County's booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to City. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. The County and City will attempt to develop a process at City detention facilities for pre -booking Inmates who are being transferred to the custody of the County. Agreement for Inmate Housing -- 2019 Page 2 9. Classification. Inmates shall be classified pursuant to the County's classification policies and procedures, and within the sole discretion and judgment of the County. The City shall provide information identified in Attachment C — Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and procedures, and within the sole discretion and judgment of the County. Provided however, that generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. The County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. The County shall provide in -facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co -payment for health services according to County policy. The City shall not be responsible to the County for Inmate co -payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. The County shall notify the City's designee(s) via e-mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notify the County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical services that are required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear the expense of any such medical care necessitated by improper conduct of the County, or of its officers or agents. The County shall notify the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses and shall not be a basis for imposing financial responsibility for related medical expenses on the County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. The County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any court having jurisdiction. Other jurisdictions Agreement for Inmate Housing -- 2019 Page 3 may "borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the Inmate's emergency removal, the County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. The County shall establish and maintain an account for each Inmate. The County shall ensure family members and others have a reasonable process to add funds to a City Inmate's account, Upon returning custody of a City Inmate to the City, the County shall transfer the balance of that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event the County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or ]PAY) the City may allow the County (or County's contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E — Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F — Inmate Release. The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes County custody, the County shall notify the City as soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain custody of escaped City Inmates and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or otherwise facilitate the City's communication with and receipt of reports from the other agency. The City shall provide the County with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that the County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this Agreement for Inmate Housing -- 2019 Page 4 request. Except, the County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, the County will deliver the following reports to the JAG, which will disseminate them to the City: Here Now Report - a report detailing City inmates in YCDOC custody. Housing Report — a report detailing which city inmates are housed at the Yakima County Corrections Center. Custody Report — a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report — Identifies city inmates who are in special housing assignments. 23. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, the City may interview its Inmates and review its Inmates' records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. The County and City may each permit the other continuous access to its computer database regarding all City Inmates housed by the County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the City and appropriate computer(s) of the County. By separate mutual agreement, the County and City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the City shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale. This scale does not include those inmates with serious medical, mental health or behavioral conditions as determined by the County. Inmates whose mental health, behavioral or medical conditions require special housing or treatment will be housed at a rate of $98.35. All other inmates will be housed based on the (MADP): Monthly Average Daily Population (MADP) Daily Rate Per Inmate 151- above $57.65 126-150 $58.65 101-125 $59.65 76-100 $ 60.65 51-75 $61.65 26-50 $62.65 0-25 $63.65 Agreement for Inmate Housing -- 2019 Page 5 The Bed Rate includes all in -facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, the City shall be responsible for the cost of the services. The County shall not charge a booking fee in connection with housing the City's Inmates. The City may purchase additional beds, as available, at the then- existing bed rate; however, the County shall have the right to refuse to accept custody of or house inmates in excess of the City's minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. This daily rate is established for 2018. Yakima County reserves the right to increase the daily rate with the understanding that they will provide the City of Federal Way ninety (90) days written notification prior to said increase. 25. Billing and Payment. The County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the County and date and time released from the County and itemization of any additional charges including a description of the service provided, date provided and reason for service. The County shall provide said statement for each month on or about the 10th day of the following month. Payment shall be due to the County within (30) days from the billing date. The County may bill the City electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. This agreement will renew annually for up to five (5) years (December 31, 2024) unless there is written notification from one party to the other that they wish to terminate the contract at the end of the current calendar year. Such notification will be sent to the receiving party no later than October 1St of the current year. 27. Independent Contractor. In providing services under this Agreement, the County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. The County shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or Agreement for Inmate Housing -- 2019 Page 6 incidental to the performance or non-performance of the County's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify the County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and the County in connection with or incidental to the performance or non-performance of the City's and or County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third party to indemnification or defense. The County and City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. The County and City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. The County and City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between the County and City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to the City's Inmates [Imperiling Conditions]; 2) the City has sent County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after the County receives the City's notice. Termination under this Agreement for Inmate Housing -- 2019 Page 7 provision shall be effective if and when: 1) after at least 30 days, the County has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and the City shall have no further financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County's receipt of final notice that City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of County stated herein. 34. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in King County 37. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Agreement for Inmate Housing -- 2019 Page 8 38. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after January 1, 2019, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and the County under which the County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. The County shall not delegate its duties pertaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event the County or City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Commander Kurt Schwan Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 TO COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses sbecined above. CITY OF FEDERAL WAY, WASHINGTON By: City Mayor/City Manager Date: Attest: By: City Clerk Agreement for Inmate Housing -- 2019 Page 9 Approved as to form: By: City Attorney Agreement for Inmate Housing -- 2019 Page 10 ATTACHMENT A MEDICAL ACCEPTABILITY The County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post-operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living ("ADL's'l or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high- risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. Agreement for Inmate Housing -- 2019 Page 11 24. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS 25. Persons who are HIV positive or have AIDS and are taking anti-viral medications. 26. Persons taking Methadone, or Suboxone, a substitute for Methadone. 27. Persons with suicidal ideations or gestures within the past 72 hours. 28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. 29. Persons who have attempted suicide within the last 30 days. 30. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. 31. Persons displaying current psychotic episode. 32. Persons requiring CPAP machines as prescribed must be transported with the machine. Agreement for Inmate Housing -- 2019 Page 12 ATTACHMENT B PROPERTY County transport personnel will only accept Inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate's property bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the Inmate to the City according to these criteria. Agreement for Inmate Housing -- 2019 Page 13 ATTACHMENT C CLASSIFICATION The City shall supply the County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Agreement for Inmate Housing -- 2019 Page 14 ATTACHMENT D BORROWING One contracting city may "borrow" another contracting city's inmate as follows: 1. If a City requests the transport of another contracting City's Inmate from the County the requesting City must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its approval, the County shall provide the requested transport. The County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting City to determine whether the City Inmate shall be returned to the custody of the County, and if so, the requesting City shall make all necessary and proper arrangements with the County and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this agreement. 3. The County will not track the City Inmate once he or she has left the County's facility. 4. If the Inmate is returned to the custody of the County, the requesting City shall provide the County with sentencing/charge information. The City shall supply all pre -sentence, and post -sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow a City Inmate is not in the 'Contracting Agency," the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the City of jurisdiction. 6. The County will transport the City Inmate only to a King County city that also contracts with the County for Inmate housing. 7. Inmates transported by the City, cannot be borrowed out of YCDOC. Agreement for Inmate Housing -- 2019 Page 15 ATTACHMENT E This attachment only applies to Inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a City Inmate, the Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into the County's IMS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e mail) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the Inmate at the location determined by written (e mail) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini -Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini -Chain. 3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless the County and City agree in writing (email) to some other course of action. Agreement for Inmate Housing -- 2019 Page 16 ATTACHMENT F INMATE RELEASE County transport personnel will release City Inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. 4. The County does not transport on Mondays. 5. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to City by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. 6. Inmates transported by City must be picked up at least 12 -(twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City's cost to include the addition of transport fees for all days served, on the next available transport to the City. Agreement for Inmate Housing -- 2019 Page 17 ' COUNCILMEETING DATE: April 16, 2019 IT................................................................ I ........................................................................................................................................................... 1--l-.1 ............................ ........................ ... ...................................................................... .............. . ......EM #: 51 . ..... . . ..................... . ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — ISSAQUAH CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Issaquah City Jail for jail services at the cost of approximately $200,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety Council Committee — (PRHS&PSC) MEETING DATE: April 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Professional Standards Commander DEPT:- Police Attachments: 1. Staff Report 2. Issaquah City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do nota rove this contract _ MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: 3 DIRECTOR APPROVAL: /W 3 10, 9 C mitte uncil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to the April 16, 2019 ouncil consent agenda r p roval mmittee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Issaquah City Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY_ CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Issaquah City Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Issaquah City Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Issaquah City Jail would be $200,000. Background Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total -jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for 'ails trans -ort vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE lnter-local Agreement. The Issaquah City Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Issaquah City Jail would be $200,000. Rev. 7/18 CITY OF ISSAQUAH AND CITY OF FEDERAL WAY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is dated for reference purposes the 23rd day of December, 2019, or upon the first day of jail occupancy by the City of Federal Way, and is agreed to by and between the City of Federal Way; hereinafter referred to as "City," and the City of Issaquah; hereinafter referred to as "Issaquah". WHEREAS, Issaquah has a jail facility, with supporting personnel; and WHEREAS, the City has no jail facility for holding persons charged and/or convicted of violations of City ordinances; and WHEREAS, City is desirous of contracting with Issaquah in order to provide the City with needed jail services, and Issaquah is contracting with the City to provide said jail services; NOW, THEREFORE, the parties have entered into this agreement in order to provide needed jail services to the City, NOW, THEREFORE The City and Issaquah have entered into this agreement under the terms and conditions set forth herein. 1. Statement of Purpose. This agreement has been entered into in order to provide jail services to the City. 2. Obligations of City of Issaquah: 2.1 Services. Issaquah shall book and hold in the Issaquah jail facilities City prisoners charged and/or convicted of violation of City ordinances. Issaquah shall be responsible for the prisoner from the time the prisoner is screened and accepted into the Issaquah booking room until the prisoner is released to a City official or released in accordance with the instructions given to Issaquah by a City official or Court Order. 2.2 Minimum Beds Commitment. Issaquah shall provide a guaranteed minimum of five (5) daily jail beds for the City. 2.3 Displacement. Issaquah will notify the City of jail occupancy status when contacted by City prior to booking. Prisoner bed space is offered on an as available basis once the guaranteed beds are filled. 2.4 Price. Issaquah will bill the City the sum of $90.00 per day, per prisoner for booking and incarceration. 2.5 Billing. Issaquah shall submit to City a monthly accounting of prisoners booked and incarcerated in the previous month, along with an invoice for payment. 2.6 Indemnification to City. Issaquah agrees to defend, indemnify and hold the City harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful or negligent act or omission by any officer, agent, or employee of Issaquah occurring subsequent to any claimant's entry into {JEH1900762.DOC;1/00010.900000/ }Memorandum of Understanding City of Federal Way FINAL - Issaquah JailPage 1 of 4 the Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail. In addition, Issaquah shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming the City as an additional insured thereon, provided, that the City shall accept a certificate from the WCIA certifying that Issaquah is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 2.7 Compliance with regulations. Issaquah shall maintain its jail facilities in compliance with all state and federal regulations. Issaquah shall supply the City with a copy of their jail regulations upon request. Issaquah is a PREA compliant facility. 2.8 Medical Expenses. Issaquah shall check with the designated official from the City, as soon as practical, before any non -routine medical or dental treatment is rendered beyond routine sick call. Issaquah shall be required to notify the City when determining the need for medication of any prisoner brought to Issaquah for incarceration under this agreement. 3. Obligations of the City of Federal Way: 3.1 Services: City shall be responsible for the prisoner until the prisoner is screened and accepted into the Issaquah Jail for booking. 3.2 Minimum Beds Commitment. City shall receive and pay for a guaranteed minimum of five (5) daily jail beds from Issaquah. 3.3 Displacement. City understands and agrees that prisoners committed to the Issaquah Jail facility, by the City, will be subject to being displaced at any time if Issaquah finds that it does not have adequate facilities to house prisoners beyond the minimum beds commitment stated in Section 3.2. 3.4 Price. City shall pay Issaquah the sum of $90.00 per day, per prisoner for booking and incarceration. 3.5 Billing. City shall promptly remit payment for said services. 3.6 Indemnification by City. The City agrees to defend, indemnify and hold Issaquah harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful arrest, false imprisonment, or other wrongful or negligent act or omission by any agent, officer or employee of the City. Issaquah acknowledges that the City maintains a fully funded Self - Insurance as defined in Federal Way Municipal Code Section 3.50.010 for the protection and handling of the City's liabilities, including injuries to persons and damage to property. The City agrees to maintain, through its Self -Insurance program or an alternative risk of loss financing program, coverage for all of its liability exposures, licensed property exposures, worker's compensation and employer's liability exposures, and any liability incurred as a result of this indemnity, for the duration of {JEH1900762.DOC;1/00010.900000/ }Memorandum of Understanding City of Federal Way FINAL - Issaquah JailPage 2 of 4 this Agreement. The City agrees to provide Issaquah with a letter confirming that the City maintains a Self -Insurance program as adequate proof of liability, property, worker's compensation, employer's liability coverage, and any liability incurred as a result of this indemnity. In the event that the City, after commencement of this Agreement, elects to terminate its self-insured status and secure liability coverage, the City will promptly notify Issaquah and provide a certificate of insurance with limits of not less than $1,000,000, from an insurer licensed to do business in the State of Washington. The City's insurance policy shall name Issaquah as an additional insured. If the City elects to provide coverage through membership in WCIA, Issaquah shall accept a certificate from WCIA certifying that the City is a member in good standing and has contracted indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 3.7 Compliance with regulations. City agrees to comply with the Issaquah jail regulations relating to the booking, confinement and discharge of prisoners, provided that it is City's duty to be aware of all pertinent regulations and amendments thereto. 3.8 Medical Expenses. The City shall be solely responsible for any and all medical, dental or emergency care beyond routine sick call, inclusive of transportation, that must be provided to City prisoners housed in Issaquah facilities when a non -emergency condition exists. City shall provide Issaquah with any prescribed medication. If any renewal or additional medication is necessary, and the prisoner is unable to pay for the same, the City shall be responsible for that medication. 3.9 Prisoner Transportation. The City shall be solely responsible for any and all prisoner transportation needs to and from court appearances and/or other corrections facilities. Term: The term of this Agreement shall commence on the date first shown above. This agreement shall be of indefinite duration. Provided, however, either party may elect to terminate this Agreement by giving written notice of termination to the other party. Said termination shall be effective ninety (90) days from the date of receipt of said written notice. [signature page to follow] f JEH1900762.DOC;1/00010.900000/ }Memorandum of Understanding City of Federal Way FINAL - Issaquah JailPage 3 of 4 CITY OF FEDERAL WAY: Jim Ferrell, Mayor Dated: ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF ISSAQUAH: Mary Lou Pauly, Mayor Dated: {JEH1900762.DOC;1/00010.900000/ }Memorandum of Understanding City of Federal Way FINAL - Issaquah JailPage 4 of 4 5k COUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — PUYALLUP CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Puyallup City Jail for jail services at the cost of approximately $150,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: April 9, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police .............................................................................................................................................................................................................................................................................................................................................................................................. ................................... Attachments: 1. Staff Report 2. Puyallup City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not approve this contract MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: 3 Al 5 DIRECTOR APPROVAL: .+. 3 2LV., 9 D mmittee Counc Initial/D to wtial/Date Ini.W/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Puyallup City Jail to the April 16, 1 ouncil consent agenda for approval. Committee Chair V Committee ember Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Puyallup City Jail and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Puyallup City Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Puyallup City Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Puyallup City Jail would be $150,000. Background Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Puyallup City Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Puyallup City Jail would be $150,000. Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE PUYALLUP CITY JAIL This agreement is between the City of Puyallup, a municipal corporation of the State of Washington (hereinafter "Puyallup") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way"). Recitals WHEREAS, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other for providing jail services; and WHEREAS, Federal Way wishes to designate the Puyallup Jail as a place of confinement for the incarceration through the use of three (3) guaranteed beds; and WHEREAS, in an effort to streamline administrative procedures and ensure that the daily rate charged of $95.00 for three guaranteed non -gender specific beds to house inmates at the Puyallup Jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and WHEREAS, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree as follows: . i1 1 GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to inmate confinement pursuant to this Agreement. Additionally, the appropriate venue under this contract is Pierce County, Washington. 2. EFFECTIVE DATE This Agreement shall be effective January 1, 2020 and this document has been listed on Puyallup's website in accordance with RCW 39.34.040. This Agreement shall be in place for one (1) year with automatic one (1) year renewals for each year after unless terminate in compliance with section 3 of this Agreement. TERMINATION a) By either party. This Agreement may be terminated by written notice from either {WSS1348187.DOCX;1/13018.900000/ } party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) calendar days after receipt of such notice. Notice will be presumed received three (3) working days after the notice is posted in the mail. Within said sixty (60) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail. b) In the event of termination of this Agreement for any reason, Federal Way shall compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, §24 Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall. be sent to the following: City of Puyallup: Chief of Police Puyallup Police Department 311 W Pioneer Puyallup, Washington 98371 Contact: Corrections. Lieutenant City of Federal Way Chief of Police Federal Way Police Department 33325 8th Avenue South Federal Way, Washington 98003 Contact: Commander Kurt Schwan 4. COMPENSATION a) Guaranteed Bed Rate. Puyallup agrees to accept and house one (1) female inmate and two (2) male inmates at the daily guaranteed bed rate of $95.00 per bed per day. The guaranteed rate is limited to the first three (3) contracted beds by Federal Way. This rate shall be paid for each bed and each day that this agreement is in place whether or not the beds are used by Federal Way. b) Non -Guaranteed Bed Rate. Federal Way may purchase beds, as available, at the daily rate of $100.05 per bed per day. However, Puyallup shall have the right to refuse to accept custody or house Federal Way inmates in excess of Federal Way's guaranteed bed commitment. C) Administrative Booking Rate. Puyallup will authorize Federal Way Police Officers to transport misdemeanor level suspects to its jail for administrative booking. Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail policies and standard operating procedures and detaining those suspects until booking information, including fingerprints and photographs, are obtained. Following the booking process, suspects shall be transported by Federal Way Officers back to the City of Federal Way {WSS ] 348187.DOCX;1 /13018.900000/ } where they will be released. As compensation for the administrative booking services, Federal Way shall pay Puyallup $52.66 for each administratively booked individual. Any other costs associated with the administrative booking process shall be the sole responsibility of the City of Puyallup. d) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of the Seattle -Tacoma -Bellevue CPI -U first half index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January 1st of each year unless otherwise negotiated and agreed by the parties. (For example, the 2020 Seattle -Tacoma -Bellevue CPI -U first half index will set the amount of the January 1, 2021 increase to the Bed Rate and Administrative Booking Rate.) e) Billing and Pavment. Puyallup agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the number of days housed (including date of booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide said bill by the 30th day of each following month. Federal Way agrees to make payment to Puyallup within thirty (30) days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. (See §22.) 5. SERVICES PROVIDED Puyallup agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. 6. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Puyallup to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody, to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Puyallup, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Puyallup shall provide facilities for consultation and communication between inmates and their legal counsel or public defender. It shall also be the responsibility of Puyallup to calculate "good time" accrued in and subsequent release of the inmate in accordance with the Puyallup's standard practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and procedures related to inmates housed in the Puyallup Jail. 7. RIGHT TO REFUSAL Puyallup shall have the right to refuse to accept any inmate from Federal Way who, in the judgment of Puyallup, has a current illness or injury which may adversely affect the operations of the Puyallup Jail, has history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. 8. HOUSING DECISIONS {WSS1348187.DOCX;1/13018.900000/ } In order to manage its jail population, Puyallup reserves the right to decide where Federal Way's inmate(s) will be housed. In the event that Federal Way's inmate is transferred to any other jail facility, Federal Way's obligation to pay the daily rate to Puyallup will cease and Federal Way's obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with that other agency operating the jail facility. This section only applies to those Federal Way inmates housed at the Puyallup Jail under the non -guaranteed bed rate. 9. RETAKING OF INMATES Upon request from Puyallup, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Puyallup. 10. COPY OF ARREST WARRANTOR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Puyallup Jail upon booking of an inmate. Federal Way is also responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of each year. 11. NON -ASSIGNABILITY. Federal Way agrees to not sublet any one of their three unused guaranteed beds to any jurisdictions. This Agreement may not be assigned by either party. 12. TRANSPORTATION Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be transported to Puyallup by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Puyallup is not responsible for transportation of Federal Way inmates under this Agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Puyallup becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer over time rate of $55.00 per hour. 13. RECORDS AND REPORTS (a) Federal Way shall forward to Puyallup before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration at other correctional facilities. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Puyallup shall keep all necessary and pertinent records concerning such inmates incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates(s) incarceration, as may be permitted by law. 4 (WSS1348187.DOCX;1/13018.900000/ } 14. MEDICAL TREATMENT a) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide for routine minor medical services in the Puyallup jail. Examples of medical services which may be provided in the Puyallup Jail, but which are not routine, and for which Federal Way shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of a Federal Way prisoner including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provided to Federal Way inmates. b) An adequate record of all such services shall be kept by Puyallup in accordance with HIPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse Puyallup dollar for dollar any amount expanded or cost incurred by Puyallup in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting the Administrative Commander and/or on -duty Patrol Lieutenant at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Puyallup shall notify Federal Way within eight (8) business hours (i.e. Monday through Friday 8 a.m. to 5 p.m., excluding state -observed holidays) of transport. Federal Way is responsible for providing security during any period of hospitalization. 15. DISCIPLINE Puyallup shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 16. STANDARD OF RELEASE Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court Standards of Release. 17. VIDEO ARRAIGNMENT Upon request, Puyallup will provide video arraignment services at the rate of $55.00 per hours with a (4) four-hour minimum charge. 18. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Puyallup shall not be removed from there by any person except: {WSS1348187.DOCX;1/13018.900000/ } a) When requested by Federal Way Police Department in writing authorizing such release; or b) Upon court order in those matters in which said court has jurisdiction over such inmate; or C) For appearance in the court in which a Federal Way inmate is charged; or in compliance with a Writ of Habeas Corpus; or d) For interviews by Federal Way Attorney or member of Federal Way Police Department; or e) If the prisoner has served his sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or f) For other scheduled court appearances, including those for which they are not being held, or g) Upon the execution of the Standards of Release Administrative Order No. 2013- 01, or h) For medical care (see § 15) and court ordered evaluations. 19. ESCAPES In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Puyallup shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction. 20. DEATH OF AN INMATE a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce County Medical Examiner. Federal Way shall receive copies of any records made at or in connection with such notification, unless prohibited by law or court order. Reasonable copying costs for such copies shall be borne by Federal Way. b) Puyallup shall immediately notify Federal Way of the death of a Federal Way inmate, furnish reasonable and necessary information as reasonably requested and follow reasonable instructions of Federal Way with regard to the disposition of the body. The body shall be released to the Medical Examiner. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the responsibility or liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Puyallup custody. 21. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Puyallup, the parties shall first attempt to 6 {WSS1348187.DOCX;1/13018.900000/ 1 resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 22. INSURANCE a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligation set forth in the Agreement; b) Each party shall obtain and maintain coverage in minimum liability limits of five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. 23. HOLD HARMLESS AND INDEMNIFICATION a) Puyallup shall indemnify and hold harmless Federal Way and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages, including reasonable attorney fees, of any nature whatsoever, by reason of or arising out of any act or omission of Puyallup, its officers, agents, officials, employees and volunteers, provided said claim does not arise out of or in any way result from any intentional, willful or negligent act or omission on the part of Federal Way or any officer, agent or employee thereof. b) Federal Way shall indemnify and hold harmless Puyallup and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages of any nature whatsoever, by reason of or arising out of any act or omission of Federal Way, its officers, agents, officials, employees and volunteers, in arresting, detaining, charging, or transporting persons before presentment to and acceptance by Puyallup Jail or thereafter while said person (i.e. inmate) are in the custody of Federal Way outside Puyallup Jail. C) Puyallup and Federal Way hereby waive, as to each other only, their immunity from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. d) The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 7 (WSS1348187.DOCX;I/13018.400000/ } 24. INDEPENDENT CONTRACTOR In providing services under this Agreement, Puyallup is an independent contractor and neither it, nor its officers, officials, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this agreement give rise to any claim or career service or civil service rights, which may accrue to employees of Federal Way or Puyallup under any applicable law, rule or regulation. 25. REQUIRED ELEMENTS. In accordance with the requirements of RCW 39.34.030, the following provisions, stipulations and/or waivers are adopted: 25.1 This Agreement has been approved by the governing bodies of each of the participating agencies. 25.2 No separate organization or separate legal or administrative entity is created by this Agreement. 25.3 Each party to this Agreement shall maintain its own separate budget in accordance with the provisions of Title 35 and 35A RCW and no joint or cooperative budget shall be undertaken. 25.4 The terms of this Agreement do not contemplate the acquisition of any property. However, in the event any property is acquired for the performance of this Agreement, upon termination of this Agreement, said property shall be sold and the proceeds shall remain with Puyallup. 25.5 This Agreement shall be administered by a joint board consisting of the Chiefs of Police of Puyallup and Federal Way. 26. CONCURRENT ORIGINALS This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 27. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services isterminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 28. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of 8 {WSS1348187.DOCX;1/13018.900000/ } law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF PUYALLUP: By: Kevin Yamamoto Its: City Manager Date: ATTEST: By: Mary Winter Its: City Clerk Date: APPROVED AS TO FORM: By: Shawn Artur Its: Deputy City Attorney Date: 9 {WSS1348187.DOCX;1/13018.900000/ } CITY OF FEDERAL WAY: By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: City Clerk Date: APPROVED AS TO FORM: By: J. Ryan Call Its: City Attorney Date: 51 SUBJECT: JAIL SERVICES CONTRACT — KITTITAS COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Kittitas Jail for jail services at the cost of approximately $150,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: April 9, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ................................................................................................................................................................................................................................................................................................................................................................................................................................. Attachments: 1. Staff Report 2. Kittitas County Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not approve this contract MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: Initial/Date v Initial/Date DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Kittitas County Jail to the April 16, 201 ,Council consent agenda for approval. ommittee Chair Committed Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Kittitas County Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Kittitas County Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Kittitas County Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Kittitas County Jail would be $150,000. Background Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for fail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Kittitas County Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Kittitas County Jail would be $150,000. Rev. 7/18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR 2019-2020 THIS INTERLOCAL AGREEMENT is made and entered into on this _ day of , 2019 by and between Kittitas County, Washington, a Washington municipal corporation, hereinafter referred to as "County", and the City of Federal Way, Washington, hereinafter referred to as the "City", each party having been duly organized and now existing under the laws of the State of Washington. Both entities may be referred to in this Agreement collectively as "Parties" or individually as "Party". WITNESSETH: WHEREAS, Kittitas County owns and operates the Kittitas County Corrections Center, located in Ellensburg, Washington; and WHEREAS, the City, whose law enforcement officers from time to time arrest persons for misdemeanors, gross misdemeanors or felonies, which may result in jailing of the person arrested; and WHEREAS, the City seeks to contract for jail facilities and services from the County for confinement of City prisoners; and WHEREAS, the County has expressed a willingness to provide jail facilities and services to the City; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), authorizes contracts for jail services made between a county and a city; and WHEREAS , the governing bodies of each of the parties hereto have determined to enter into this Interlocal Agreement (ILA) for the Housing of Inmates by action taken at a regular meeting; and NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Interlocal Agreement for Housing of Inmates Page 1 of 10 I. Governing Law The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. II. Term This agreement shall be effective January 1, 2020 and shall extend for a period of one year thereafter until midnight, December 31, 2020, subject to earlier termination as provided herein. This Agreement will be automatically renewed unless either party gives 90 days advanced notice of its indication not to renew. III. Notice All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: To the City: Federal Way Police Department 333258 1h Ave S. Federal Way WA, 98003 Primary Contact: Commander Kurt Schwan Secondary Contact: As designated by Federal Way Police Dept. To the County of Kittitas: Kittitas County Corrections Center 205 W 5th Ave, Ste 1 Ellensburg WA 98926 Primary Contact: Interim Commander Steve Panattoni or successor IV. Definitions The Parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: A. Day. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and ending at 23:59:59 p.m. B. Inmate Classifications shall be pursuant to the Kittitas County Corrections Center Objective Jail Inmate Classification which is modeled after the National Institute of Corrections Jail Classification. i) "Minimum" classification shall apply to those inmates who present Interlocal Agreement for Housing of Inmates Page 2 of 10 a low risk to staff and the community. ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. C. City Prisoner means a person arrested by a Police Officer of the City or another law enforcement agency on behalf of the City and booked into the Kittitas County Corrections Center (KCCC) at any time and for any reason, including after sentencing. It is anticipated that prisoners confined at KCCC will be those sentenced to terms of incarceration in jail for periods of three hundred sixty-five days (365) or less, but as deemed appropriate and by arrangement between the parties, prisoners not yet convicted may be confined at KCCC under the same terms and conditions as those serving sentences. Transportation of all prisoners confined at KCCC pursuant to this ILA shall be the responsibility of the City, including all costs. Access of legal counsel to such prisoners shall be pursuant to the policies and schedule of KCCC, and no cost of such counsel shall be the responsibility of the County. V. Criteria for Determining Prisoner Status For the purposes of this agreement: A. City Prisoners being booked into the Kittitas County Corrections Center shall remain the responsibility of the Police Officer of the City and shall not be deemed an inmate of that facility until the City Prisoner is accepted by Corrections staff at the time of booking. Only law enforcement personnel of the City may present a prisoner for confinement in KCCC pursuant to this ILA unless previously arranged and approved in writing by the Jail Commander or his/her designee or superior. VI. Jail and Medical Services A. Inmates deemed City Prisoners for medical purposes shall mean any person incarcerated pursuant to this ILA. These prisoners shall receive such medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Kittitas County Corrections Center in the same manner and to the same extent as any other prisoner. The County will provide or arrange for providing of such medical, psychiatric and dental services. The County will attempt good faith efforts in seeking reimbursement from the City Prisoner. However, except for routine minor medical services provided by the County within the Kittitas County Corrections Center, the City shall ultimately be responsible and pay directly or reimburse the County for any and all costs associated with the delivery of any emergency or necessary medical service provided to City Prisoners. The City shall be Interlocal Agreement for Housing of Inmates Page 3 of 10 responsible for any and all emergent or necessary medical, dental and psychiatric treatment provided outside of the Kittitas County Corrections Center and shall be billed thereafter. B. If the County becomes aware that a City Prisoner is in need of medical health care requiring the assistance of a medical health care services provider outside of the Kittitas County Corrections Center, then the County shall make reasonable effort to notify the City prior to obtaining said service. If the City is contacted and does not authorize the County to obtain the service, then the City shall, within four (4) hours, pick up the inmate from the County to transport to medical care. Provided, in the case of emergency, the County may notify the City after the service has been provided. C. An adequate record of all such services shall be kept by the County for the City's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. D. Should medical, psychiatric or dental services require hospitalization, the City agrees to compensate the County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified by contacting the duty supervisor at the City prior to the prisoner's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. E. Upon payment to the County by the City for a City Prisoner's health care expense, the County will assign to the City, if requested by the City, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. F. The City agrees to pay directly or reimburse the County for any and all medical expenses, as defined in Section VI.A, incurred for City Prisoners and persons arrested by or on behalf of the City, which are not performed by medical staff on contract with the County within the Kittitas County Corrections Center, or paid by the Department of Social and Health Services, including medical, psychiatric, and dental bills as well as prescription medication expenses. VII. Transportation The County shall be responsible for the transportation of all prisoners from the Corrections Center to local medical services and back. The City shall pay the actual costs for County personnel required to appropriately and safely transport and maintain custody of prisoners during medical treatment, including overtime as needed to maintain staffing for operations. The County will contact the City with regard to any pre -planned major medical treatment to allow the City to consider the option of using its own personnel for transport and security, including provision of female personnel for medical matters specific to women. The City shall be responsible for transporting all inmates to and from custody. The City shall provide all documentation related to the booking of inmates, Interlocal Agreement for Housing of Inmates Page 4 of 10 including court orders and the date and time at which custody commenced and is to end. VIII. Compensation A. The County agrees to accept and house City Prisoners for compensation per prisoner at the rate of $66.50 for the year 2020 except as provided below. This rate includes minimum, medium and maximum classification inmates. The parties agree that the County will not charge the City a separate booking fee in addition to such rate. The rate will increase by 3% each year on January 1. B. The date of booking into, and the date of release from, the Kittitas County Corrections Center of the City Prisoners, no matter how little time of a twenty-four hour day it constitutes, shall count as one day for billing purposes and shall be billed to the City as a day of custody in the County. IX. Billing and Billing Dispute Resolution Procedures A. The County shall transmit billings to the Chief of Police of the City on the following dates: April 15th, July 15th, October 15th, and January 15th. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold any portion thereof related to disputed medical costs and provide the County written notice specifying the amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed. B. Interest on unpaid balances not paid within 45 days of billing shall be computed at 1 % of the unpaid balance per month. C. Withholding of any amount billed shall constitute a dispute to be resolved as follows: i) The Sheriff, County Prosecuting Attorney, Police Chief and City Attorney or their designees shall attempt to resolve the dispute by negotiation. Negotiation meetings may be conducted once per quarter meeting in the months of January, April, July, and October if requested. If negotiations are unsuccessful, the dispute shall be referred to the City Mayor and the Chair of the Board of County Commissioners for settlement. If not resolved by them within thirty (30) days of referral, the City Mayor and Chair of the Board of County Commissioners may by mutual written consent apply to the Superior Court Judge for appointment of an arbitrator whose decision shall be final and binding on both parties. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the disputed contract provision. ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B) determined owed to the County pursuant to the billing dispute Interlocal Agreement for Housing of Inmates Page 5 of 10 resolution procedure described above shall be paid by the City within thirty (30) days of the negotiated resolutiA, arbitrator's decision or court finding. D. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the amount shall be applied to the next quarter and subsequent quarter's payments until the credit has been exhausted. Any unused credit, which exists at the termination of this agreement, shall be refunded within thirty (30) days of the date of termination. E. Billing Statements. The County shall provide a billing statement each quarter in accordance with section IX (A). F. Unpaid balances over 60 days in arrears may result in cancellation of access to the Corrections Center for booking of non -felony prisoners. G. Upon cancellation of this agreement, the City would be responsible for making its own arrangements for the booking of all City misdemeanors, gross misdemeanor, and court committed prisoners. The City would be responsible for all transportation, housing, medical and supervision costs for such prisoners. X. Termination A. Termination for Material Breach. In the event either party believes the other party has materially breached any obligations under this agreement, such party shall so notify the breaching party in writing, stating the basis upon which breach is claimed and the specific provisions of this agreement claimed to have been violated. The breaching party shall have thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the non -breaching party in writing that cure has been effected. If the breach is not cured within the thirty (30) days, the non -breaching party shall have the right to terminate this agreement by providing ninety (90) days prior written notice to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090. The ninety -day notice shall state the grounds for termination and the specific plan for accommodating the affected jail population. B. Termination by Mutual Agreement. This Agreement may be terminated by written notice from either party to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090, stating the grounds for said termination and specifying plans for accommodating the affected inmates. The notice must be delivered by regular mail to the contact persons identified in Section IV herein. Termination shall become effective ninety (90) working days after receipt of such notice. C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day notice period set forth in subsection A or B above, or within such other period of time as may be agreed upon in writing by the parties, the City agrees to remove its Interlocal Agreement for Housing of Inmates Page 6 of 10 inmate(s) from Kittitas County Corrections Center. In the event of termination of this agreement, the City shall compensate the County for prisoners housed by the County after notice of such termination until the City retakes its inmates in the same manner and at the same rates as if this agreement had not been terminated. Upon termination of this agreement, the City would be responsible for making its own arrangements for the booking of all City misdemeanors, gross misdemeanors, and court committed prisoners. The City would be responsible for all transportation, housing, medical and supervision costs for such prisoners. XI. Responsibility for Offender's Custody It shall be the responsibility of the County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the prisoners' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require the County, or any of its agents, to provide service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require the County to provide services, treatment, facilities or programs to the City's Prisoners above, beyond or in addition to that which is required by applicable law. XII. Right of Refusal The County shall have the right to refuse to accept any prisoner from the City who, in the judgment of the County, has a current medical condition which may adversely affect the safety of the individual or the safe operations of the Kittitas County Corrections Center or the reasonable operational capacity limits will be reached or exceeded. XIII. Indemnification A. The County shall defend, indemnify, and hold harmless the City, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the County, its agents, employees or officers. Such liability shall include but not be limited to, intentional acts, negligence, and violations of prisoner's constitutional rights. B. The City shall defend, indemnify and hold harmless the County, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the City, its agents, employees, or officers. Interlocal Agreement for Housing of Inmates Page 7 of 10 Such liability shall include, but is not limited to, false arrest and false imprisonment. C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of the other Party, it agents, officers, employees or sub - consultants. D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Parties or of the Parties and a third party other than an officer, agent or employee of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. XIV. Entire Contract This agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. XV. Modification This agreement may be modified and amended only in writing and signed by the parties hereto. XVI. Independent Contractor In providing services under this Interlocal Agreement, Kittitas County is an independent contractor and neither it nor its officers, agents or employees are employees of the City for any purpose, including but not limited to, responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Interlocal Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. XVII. General Provisions: A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas County Corrections Center for confinement of prisoners of the parties to the Interlocal Agreement, thereby promoting maximum use and efficiency of the Kittitas County Corrections Center. B. Administrator. Pursuant to RCW 39.34.030(4)(x), the administrator for this agreement shall be the Undersheriff of the Kittitas County Sheriff's Office. C. PropertX. Unless otherwise specifically agreed by the parties in writing, all property, Interlocal Agreement for Housing of Inmates Page 8 of 10 personal and real, utilized by the parties hereto in the execution of this Agreement shall remain the property of that party initially owning it. D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court. E. Filing. This Agreement shall be filed with the Kittitas County Auditor's Office or, alternatively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. F. Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and the unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. G. Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. H. Savings Clause. Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. I. Interpretation. This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. J. Access to Records. The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper and record of the other party which are pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken pursuant to this Agreement shall be retained by the parties for a period of six years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: Interlocal Agreement for Housing of Inmates Page 9 of 10 CITY OF FEDERAL WAY Jim Ferrell, Mayor ATTEST: Stephanie Courtney, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney COUNTY OF KITTITAS BOARD OF COUNTY COMMISIONERS Chairman Vice -Chairman Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE Gene Dana, Sheriff ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney Interlocal Agreement for Housing of Inmates Page 10 of 10 5m 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 / Police Department accept $3,000 from WTSC for Distracted Driving enforcement? COMMITTEE: PRHS&PSC MEETING DATE: April 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lt. B. Schulz DEPT: Police Attachments: Staff Report IAA Between WTSC and the Federal Way Police Department Options Considered: 1. Accept the WTSC Agreement 2. Reject the WTSC Agreement MAYOR'S RECOMMENDATION: #1— Accept the WTSC Agreement MAYOR APPROVAL:DIRECTOR APPROVAL: �•+ =%�9 Commitee Counc Initial ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed WTSC Agreement to the April 16, 2019 consent agenda fo approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interagency Agreement between the Washington Traffic Safety Committee and the City of Federal Way / Police Department, effective May 3, 2019 through September 30, 2019 with grant funding to Federal Way not to exceed $3, 000, and authorize the Chief of Police to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 9, 2019 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 (WTSC) and the Federal Way Police Department Financial Impacts: The Washington Traffic Safety Commission will grant the Federal Way Police Department an amount not to exceed $3,000.00 in compensation for the overtime provided in accordance with this Agreement. Background Information: 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 grants. The goal of this King County distracted driving grant is to reduce traffic related deaths, serious injuries, and collisions through HVE patrols with an emphasis on enforcement. Simply put, this King County distracted driving 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 area of enforcement this agreement emphasizes is distracted driving. SmartField View INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission F-Wr11 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 Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.616, for traffic safety grant project 2019-HVE-3533-Federal Way Police Department, in support of 2019 -AG 2748 King County Distracted Driving Campaign, specifically to provide funding for the SUB - RECIPIENT to conduct overtime 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, 2018, and remain in effect until September 30, 2019, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK Note: This statement of work applies only to HVE emphasis areas for which your agency has received HVE funding. 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. Outreach efforts are supported by the WTSC during statewide HVE campaigns. Regional TZMs also support public outreach efforts during locally planned HVE events. Below are descriptions of the Scope of Work for each funding category. The WTSC accepts written requests for moderations to the Scope of Work through the regional Target Zero Manager. HVE Enforcement Plan Requirement: A HVE Mobilization Plan is required prior to all HVE activity. The local traffic safety task force and TZM are responsible for submitting this form to the WTSC HVE Program Manager prior to enforcement activities begin. This form serves as prior approval for HVE events and includes the following information: • Problem statement • Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations • Public outreach strategy • Evaluation plan Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion of the patrols. Statewide Distracted Driving Enforcement: The agency will engage in HVE patrols for all or part of the following campaign: • First round of enforcement - 05.03.2019 • Second round of enforcement - 07.31.2019 With the State of Washington's distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the 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. Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the funds must only be used for distracted driving enforcement. Media Contacts: All of these patrols are conducted as part of a highly publicized, educational effort. Publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. The WTSC requests that the SUB -RECIPIENT posts traffic safety information to their web -based platforms during statewide and locally coordinated HVE mobilizations. At least one individual must be available for weekend media contacts, beginning at noon on Fridays before mobilizations. 3.1. MILESTONES AND DELIVERABLES Mobilization Dates Distracted Driving • First round of enforcement - 05.03.2019 • Second round of enforcement - 07.31.2019 3.2. COMPENSATION 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 $3,000.00. 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. 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, limited to the following: • FICA • Medicare • Any portion of L & I that is paid by the employer (SUB -RECIPIENT) • Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols. 3.2.3. 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. These alterations must be documented through email communication between all involved parties, including the TZM, and the WTSC Fiscal Analyst. 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. 3.2.4. Up to 40 percent of the statewide enforcement funding can be expended during dates outside of the designated statewide campaign periods. However, impaired driving funds must be used during another national impaired driving enforcement campaign or other large local event. 3.3. SUMMARY OF PROJECT COSTS Funding break down into the following enforcement categories: EMPHASIS PATROL Statewide Distracted Driving Patrols $3,000.00 3.3.1. 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 expected 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 an officer Emphasis Patrol Logs to their regional TZM, or by other approved means, 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 request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 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 34 through 42. 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 the TZM with supporting documentation, as WTSC shall require. The TZM will submit all approved invoices to the WTSC via WTSC's online grant management system within 10 days of receipt. All invoices for reimbursement include the following: Form A-19 provided by WTSC or its pre -approved equivalent. The hourly rate of each officer included on the invoice must be identified. Emphasis Patrol Log for each officer. WTSC's Overtime Log or the SUB-RECIPIENT's 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, 2019, must be received by WTSC no later than August 10, 2019. All invoices for goods received or services performed between July 1, 2019, and September 30, 2019, must be received by WTSC no later than November 15, 2019. 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 agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, 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 provided 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. 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 constitute 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 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 recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC 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 Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date 5n COUNCIL MEETING DATE: April 16, 2019 ITEM #: ..................................................................................................................................................................................................................................................................................................................... ....................................................... ......... .......................... -... _.... ... _... -...................................... _..__..................... ......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MOU between Twin Lakes Plaza, LLC and The City of Federal Way POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department (FWPD) enter into an Agreement with Twin Lakes Plaza, LLC for a FWPD Substation at no cost to the City? COMMITTEE: PRHS&PSC MEETING DATE: April 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sumpter, Deputy Chief of Police DEPT: Police Department ........................................................................1........�'................ - ..... ............................ .. ......................................... .......................................................................................................... ................................ -................ -......................................... ........................ ......... Attachments: 1. Staff Memo 2. MOU between Twin Lakes Plaza, LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: Option 1— Accept the MOU between Twin Lakes Plaza and the City of ................................................................................................................................................................................................................................................................................................... .................. ............... ......................................................................................................... ..._..-.......... --............................................................. . Federal Way MAYOR APPROVAL: t, ��lie, DIRECTOR APPROVAL:% .S�2d� 9 nmmtt Cnnnml Initial COMMITTEE RECOMMENDATION: I move to forward the MOU between Twin Lakes Plaza and the City of Federal Way to the April 16, 2019 consent agenda for approval. ommittee Chair Committee Member PROPOSED COUNCIL MOTION: I move approval of the MOU between Twin Lakes Plaza and the City of Federal Way for a FWPD Substation, and authorize the Mayor to execute 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 # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 9, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: MOU between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: The secure office space at 3420 S. 320"' Street will house the Twin Lakes Substation for FWPD officers at no cost to the City. Background Information: The President of Puget Sound Commercial, representing Twin Lakes Plaza, LLC, communicated to the Federal Way Police Department (FWPD) that they had secure space available that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence in the Twin Lakes area. Twin Lakes Plaza, LLC will provide the secure office space at no cost to the City and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues arising at the Twin Lakes Site. The term of this MOU is from April 1, 2019 through March 31, 2020. MEMORANDUM of UNDERSTANDING BETWEEN TWIN LAKES PLAZA, LLC AND THE CITY of FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of 2019 by and between the undersigned representatives of the City of Federal Way, a Washington Municipal Corporation ("City"), and Twin Lakes Plaza, LLC. RECITALS: WHEREAS, in January 2019 Courtland Pixton, representing Twin Lakes Plaza, LLC and Puget Sound Commercial Real Estate Service, communicated to the Federal Way Police Department (FWPD) that commercial space at the Twin Lakes Plaza, specifically 3420 S. 320th Street, #B-2, Federal Way, WA could be used as a FWPD Twin Lakes Substation (TLS); and WHEREAS, the parties agree that providing office space for FWPD officers to use in the TLS facility would be mutually beneficial for all involved parties and enhance the police department's community presence; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: I. Twin Lakes Plaza, LLC will: a. Provide one secure office space at 3420 S. 3201h Street, #B-2 as the Twin Lakes Substation for FWPD officers at no cost to the City. This space will be located on the ground floor and will have a lockable, keyless entry. b. Provide parking space for FWPD vehicles adjacent to S. 320 Street during regular business hours; and allow parking near the B building after hours. c. Work directly with FWPD on any questions, concerns or needs that they have within the scope of this MOU. II. City, through the Federal Way Police Department, will: a. Encourage FWPD law enforcement officers to utilize the designated office at the Twin Lakes Plaza to complete administrative and other tasks as it relates to their shift work at the officer's discretion. b. Officers using TLS will park their police vehicles in regular parking spaces at Twin Lakes Plaza adjacent to S. 320th Street during regular business hours, and park near the B building after hours. c. When on site, provide assistance with law enforcement issues arising at the TLS site subject to officer availability. d. Install one sign on the front window of TLS, indicating the office space is a FWPD substation. III. Term and Termination. The term of this MOU shall commence on the date written above and shall continue until March 31 st, 2020. Any party to this agreement may terminate it with 30 -days written notice to the other party. Barring any written notice to terminate, this MOU will automatically renew annually. IV. Modifications in writing. All changes to this agreement will be agreed to in writing by the parties. V. Indemnification. a. Twin Lakes Plaza, LLC agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Twin Lakes Plaza, LLC's negligence. b. The City agrees to release, indemnify, defend and hold Twin Lakes Plaza, LLC, their officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this MOU to the extent solely caused by the negligent acts, errors, or omissions of the City. c. Each party agrees that it will notify the other parties immediately both orally and in writing of any events, complaints or occurrences of any kind arising from the activities and/or content of this MOU, which would likely give rise to a claim or action against the other party. The provisions of this section shall survive the expiration or terminations of this MOU with respect to any event or damage or injury occurring prior to such expiration or termination. If to Twin Lakes, LLC: If to City: Attn: Courtland Pixton Puget Sound Commercial 331919 9th Ave. S., Suite 201 Federal Way, WA 98003 Email: pixton@pugetsoundcommercial.com Attn: Chief of Police Andy Hwang 33325 8th Ave. S. Federal Way, WA 98003 VI. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington IN WITNESS WHEREOF, Twin Lakes Plaza, LLC, and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY: DATE: APPROVED AS TO FORM: TWIN LAKES PLAZA, LLC: IM DATE: STATE OF WASHINGTON) ss. COUNTY OF ) ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk J. Ryan Call, City Attorney Courtland Pixton 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 , 20_ Notary's signature: Notary's printed name: Notary Public in and for the State of Washington. My commission expires N SUBJECT: PROPOSED 2019 — 2021 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE GUILD POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Guild which has been ratified? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ryan Call, Ci Attorney..........................................................._........................................................................DEPT: Law ..................................................................................................y...........................................�'................................................................................................................................................................................................................ Attachments: Staff Report Proposed 2019-2021 Collective Bargaining Agreement with the Federal Way Police Guild. Options Considered: 1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents. 2. Reject the proposed Agreement and direct the City to continue negotiations through mediation with the Guild. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Initial/Date COMMITTEE RECOMMENDATION: N/A S DIRECTOR APPROVAL: ifige y S/ mc,l Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 'I move approval of the proposed 2019-2021 Collective Bargaining Agreement with the Federal Way Police Guild. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 10, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor W.y/1 J;/7 FROM: J. Ryan Call, City Attorney SUBJECT: 2019-2021 Police Officer's Guild CBA The Police Officer's Guild has voted to ratify the proposed 2019-2021 collective bargaining agreement negotiated through the guild leadership and their attorney. The contract will be presented as a business item at the April 16, 2019 Regular Council Meeting. Financial Impacts: The cost to the City of this contract was included within the approved budget under the Police Department budget. In accordance with the approved budget, this item is funded by a COPS grant from the federal government in the amount of $381,000 for 2019 and 2020 with the balance coming from the General Fund. The total cost of compensation for an estimated 131 police officers for the three-year period covered by the contract is $35.5 million. This includes a $1.68 million increase over the last contract to cover the following costs: • 2% wage increase effective 1/1/2019 • 1% wage increase effective 1 / 1 /2020 • 2% wage increase effective 7/1/2020 • 1% wage increase effective 1/1/2021 • 2% wage increase effective 7/1/2021 • $500 HRA VEBA contribution per member for the three years of the contract Background Information: The Guild and the City negotiating team have been working to come to mutually agreeable terms since 2018. The City stressed in its negotiations that the police are within the mid-range of comparable cities for police compensation and that it could not put Guild compensation at the top of the range at the expense of unrepresented city employees who have not received consistent COLA increases and are, therefore, likely well below market. The Guild worked with the City team to find a level of wage increase that will not see them fall significantly behind the compensation of comparable cities, but Rev. 7/18 is still not at the top of the range. In addition to the wage increases and HRA VEBA contributions detailed above, the parties negotiated the following terms: • Guild members will receive one additional floating holiday per year starting in 2020. • Guild members will pay the employee portion of the WA Paid Family Medical Leave tax. • The number of officers who can participate in Guild negotiations while "on the clock" will increase from 3 to 4. • The Guild agrees to a new method of processing claims for reimbursable equipment where the officers will save receipts and only submit claims once a year for the total allowed amount instead of submitting them piece mail. This will spare the City administrative costs. The City also agreed to include firearms and gun sights on the list of reimbursable expenses. • The City agrees to not discipline Guild members based solely on the results of a coroner's inquest. This is not a change in current practice, but was a request of the Guild. • Guild members will be paid up to 80 hours for jury duty (up from 40 hours), consistent with the policy for unrepresented employees. Other changes from the last contract are in the document that were considered housekeeping items. They include items such as incorporating a previously agreed upon explanation of when overtime starts for overtime callbacks and language changes to conform with the Janus decision related to union dues. Mayor Recommendation: Approve the proposed CBA with the Guild. Rev. 7/18 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement 2019-2021 Table of Contents ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP.............................................1 Section1. Recognition.....................................................................................................1 Section 2. Status at Academy........................................................................................1 Section 3. Guild Membership.........................................................................................1 Section 4. Dues Deduction.............................................................................................1 Section5. List of Employees..........................................................................................1 Section6. Hold Harmless................................................................................................2 ARTICLE 2: MANAGEMENT RESPONSIBILITIES.........................................................2 ARTICLE 3: HOLIDAYS........................................................................................................4 Section 1. Observed Holidays........................................................................................4 Section 2. Work on Holidays..........................................................................................5 Section 3. Use of Banked Holiday Hours.....................................................................5 Section 4. Holiday Scheduling........................................................................................6 ARTICLE 4: VACATIONS.....................................................................................................6 Section 1. Vacation Accrual............................................................................................6 Section 2. Probationary Employees..............................................................................6 Section3. Accrual............................................................................................................6 Section 4. Vacation Increments.....................................................................................7 Section 5. Payment Upon Death....................................................................................7 Section 6. Forfeiture of Vacation....................................................................................7 Section 7. Vacation Scheduling - Seniority Basis.......................................................7 Section 8. Vacation Cash Out........................................................................................8 ARTICLE 5: SICK LEAVE....................................................................................................8 Section 1. Sick Leave Usage....................................................................:.....................8 Section 2. Washington Paid Sick Leave.......................................................................8 Accrual........................................................................................................................................... 9 CarryForward............................................................................................................................10 Verification for Absences Exceeding Three Days.................................................................10 Reinstatement of Employment.................................................................................................10 RetaliationProhibited...............................................................................................................10 Section 3. Sick Leave Payment at Time of Retirement............................................1 l Section 4. Washington Paid Family Medical Leave (PFML)...................................11 Section 5. Industrial Insurance Leave.........................................................................11 Section 6. Family Care and Death...............................................................................12 Section 7. Statement of Physician...............................................................................12 Section 8. Fitness for Duty............................................................................................13 Section 9. Physical Fitness...........................................................................................14 Section10. FMLA Leave.................................................................................................14 Section 11. Shared Leave...............................................................................................14 ARTICLE 6: WAGE RATES...............................................................................................15 Section1. Wages...........................................................................................................15 Section 2. Career Development Program..................................................................15 Section3. On -Call Pay..................................................................................................15 Section4. Extra -Duty Pay.....................:.......................................................................15 Section5. Corporal........................................................................................................16 ARTICLE 7: HOURS OF WORK.......................................................................................16 Section1. Work Shifts...................................................................................................16 Section 2. Shift Bidding.................................................................................................18 Section 3. Specialty Assignments................................................................................18 Section4. Shift Trades..................................................................................................18 Section5. Out of Class..................................................................................................18 Section6. On-Call..........................................................................................................19 ARTICLE8: OVERTIME.....................................................................................................20 Section1. Scheduling....................................................................................................20 Section2. Callback........................................................................................................20 Section 3. 7(K) Exemption............................................................................................21 Section 4. Non-Pyramiding...........................................................................................21 Section 5. FLSA Provisions..........................................................................................22 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS.................22 Section1. Health Plan...................................................................................................22 Section 2. Supplemental Disability Insurance............................................................23 Section 3. HRA VEBA Plan..........................................................................................23 ARTICLE 10: MISCELLANEOUS......................................................................................24 Section 1. Auto/Auto Reimbursement.........................................................................24 Section 2. Appearances................................................................................................24 Section 3. Guild Negotiating Committee.....................................................................24 Section 4. Guild Business.............................................................................................25 Section 5. Bulletin Boards.............................................................................................25 Section 6. Damage of Personal Effects......................................................................25 Section 7. Personnel Files............................................................................................25 Section 8. Uniforms and Equipment............................................................................25 Section9. Jury Duty.......................................................................................................27 Section 10. PIO / OPS / PSO.........................................................................................27 Section 11. Community Center......................................................................................27 Section 12. Domestic Partner/Partnership...................................................................28 Section 13. Tuition Reimbursement..............................................................................28 ARTICLE 11: PROHIBITED PRACTICES.......................................................................29 ARTICLE 12: REDUCTION-IN-FORCE...........................................................................29 Section1. Layoff.............................................................................................................29 Section2. Recall.............................................................................................................29 ARTICLE 13: DISCIPLINARY INVESTIGATIONS........................................................29 Section 1. Criminal Investigations................................................................................29 Section 2. Disciplinary Definitions................................................................................29 Section 3. King County Inquests..................................................................................30 Section4. Just Cause....................................................................................................30 Section 5. Off-duty Misconduct....................................................................................30 Section 6. Disciplinary Investigations..........................................................................30 Section 7. Pre -Discipline Meetings..............................................................................31 Section 8. Imposing Discipline.....................................................................................32 Section 9. Removal of Disciplinary Records..............................................................32 ARTICLE 14: GRIEVANCE PROCEDURE......................................................................32 Section 1. Grievance Procedure Steps.......................................................................32 Section 2. Arbitration Panel..........................................................................................34 Section3. Time Limits...................................................................................................34 Section 4. Multiple Procedures....................................................................................34 Section 5. Step 3 Submission......................................................................................35 Section 6. Just Cause Standard..................................................................................35 Section 7. Probationary Period....................................................................................35 Section 8. Parties to the Agreement............................................................................35 ARTICLE 15: NONDISCRIMINATION..............................................................................35 ARTICLE 16: DRUG TESTING.........................................................................................36 ARTICLE 17: SENIORITY..................................................................................................40 ARTICLE 18: SAVINGS CLAUSE.....................................................................................40 ARTICLE 19: RESERVED................................................................................................40 ARTICLE 20: DURATION...................................................................................................41 APPENDIXA.........................................................................................................................42 WAGES........................................................................................................................42 DEFERRED COMPENSATION: ..................................................................................... 42 APPENDIXB.........................................................................................................................43 OVERVIEW FOR CAREER DEVELOPMENT PROGRAM........................................43 APPENDIXC.........................................................................................................................45 CALLBACK OVERTIME..................................................................................................45 APPENDIXD.........................................................................................................................47 DETECTIVES....................................................................................................................47 TRAFFICUNIT..................................................................................................................47 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE OFFICERS GUILD Collective Bargaining Agreement PREAMBLE: The Federal ,Way Police Officers Guild ("Guild") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: GUILD RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Guild as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Status at Academy The provisions of this contract shall not apply to police officer candidates prior to or while they are attending the State required police academy. Section 3. Guild Membership All employees whose classification or job title is included in Article 1, Section of this Agreement may voluntarily join the Guild as a member. Section 4. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the secretary of the Guild and shall transmit the same to the Guild within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Guild 30 days' written notice. Section 5. List of Employees The City will transmit to the Guild a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 1 Section 6. Hold Harmless The Guild will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or any combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding brought to invalidate this Article, the Guild will actively defend the suit or action. However, in the event any determination is made by the highest court having jurisdiction that this Article is invalid, the Guild shall be solely responsible for any reimbursement. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Guild recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Guild recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 12 b. discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge, or the reasons therefor. C. recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Guild at least twenty-one (21) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. Failure of the Guild to request bargaining within the twenty-one (21) day notice period shall constitute waiver of the right to bargain the change. If the Guild does request bargaining and the parties are unable to achieve resolution, either party may request the assistance of a PERC mediator and the parties will work to expedite that process. If mediation is unsuccessful the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 13 ARTICLE 3: HOLIDAYS Section 1. Observed Holidays On January 1St of each year, the City shall bank (provide) one hundred sixteen (116) hours (one hundred twenty-four (124) hours effective January 1, 2020) of holiday pay for each bargaining unit employee for the following observed holidays: For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1st, fifty-six (56) hours calculated by multiplying the number of holidays (not including floating holidays) remaining to be celebrated in that year [seven (7)] by eight (8) hours). The additional 20 holiday hours will not be prorated but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1 st of that year. The two (2) floating holidays (three (3) effective January 1, 2020) are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 14 Commonly Called First day of January New Year's Da Third Monday of January Martin Luther King Da Third Monday of February President's Da Last Monday of May Memorial Da Fourth day of July Independence Da First Monday of September Labor Da 11 th Day of November Veteran's Da Fourth Thursday of November Thanksgiving Da Friday following the fourth Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holidays 3 Floating Holidays effective January 1, 2020 For employees hired after January 1st in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1st, fifty-six (56) hours calculated by multiplying the number of holidays (not including floating holidays) remaining to be celebrated in that year [seven (7)] by eight (8) hours). The additional 20 holiday hours will not be prorated but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. If an employee permanently leaves the service of the employer before December 31st of any given year, the City may deduct banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if the termination occurs prior to July 1 st of that year. The two (2) floating holidays (three (3) effective January 1, 2020) are banked on January 1st of each year, provided that the City shall not be requested to bank hours for floating holidays for any employee hired on or after July 1st during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 14 Section 2. Work on Holidays The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, and New Year's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. ' Section 3. Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31st). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31st, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30th of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry -overtime to be used by June 30th of the following year, the Deputy. Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried -over under these provisions at the employee's then -current rate of pay. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Guild with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 15 Section 4. Holiday Scheduling Minimum staffing in patrol is set forth in MOS 41.1.1(G), except that the City shall have discretion to drop minimum staffing levels by no more than two officers on the holidays listed above in Section 1. On Thanksgiving and Christmas each patrol may have up to three officers gone on vacation/holiday/comp time. For all other holidays, the City may allow time off consistent with other days of the year, based on the need to maintain minimum staffing in patrol. ARTICLE 4: VACATIONS Section 1. Vacation Accrual After six months of continuous service in pay status, regular, full-time employees shall accrue vacation benefits while in pay status, based upon their seniority, as indicated in the following table: Section 2. Probationary Employees At the end of six months of continuous employment with the Department in pay status, employees shall receive forty-eight (48) hours of vacation credit. Probationary employees are not entitled to the use of vacation hours during the first six months of employment. Probationary employees who separate employment prior to successful completion of the FTO program shall not be paid for accrued vacation. Section 3. Accrual Employees with six months of service shall accrue vacation benefits on a semi-monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect his/her normally scheduled work week. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 16 Full Years of Service Annual Leave in Hours Through end of Year 5 96 beginning of Year 6 132 -Upon beginning of Year 11 150 -Upon Upon beginning of Year 16 180 Upon beginning of Year 21 204 Upon beginning of Year 26 220 Section 2. Probationary Employees At the end of six months of continuous employment with the Department in pay status, employees shall receive forty-eight (48) hours of vacation credit. Probationary employees are not entitled to the use of vacation hours during the first six months of employment. Probationary employees who separate employment prior to successful completion of the FTO program shall not be paid for accrued vacation. Section 3. Accrual Employees with six months of service shall accrue vacation benefits on a semi-monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect his/her normally scheduled work week. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 16 Section 4. Vacation Increments Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 5. Payment Upon Death In cases of separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 6. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the Mayor, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Any employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 7. Vacation Scheduling - Seniority Basis During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be granted dependent upon Department needs on a first come, first served basis. The City shall make the determination of how many employees may be on vacation at any one time subject to minimum staffing levels in MOS 41.1.1(G) and consistent with other provisions of this Agreement, including Article 3, Section 4. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 17 Section 8. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. An officer must have at least one hundred (100) total hours of sick leave, banked holiday hours, and vacation hours in order to participate in vacation cash out. ARTICLE 5: SICK LEAVE Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1080 hours. Section 1. Sick Leave Usage Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or for family care purposes in accordance with state law, the City's Employee Guidelines Section 8.1 Sick Leave, and Section 5 of this Article. Sick leave benefits may be used in one quarter-hour (15 minutes) increments. Section 2. Washington Paid Sick Leave Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Guild members to care for their health and the health of their family members. Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as a medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury health condition and/or preventive care such as a medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health-related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 18 Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking; attending health care treatment for a victim who is the employee's family member; obtaining, or assisting the employee's family member(s) in obtaining, services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and, participating, for the employee or for the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or sibling. Accrual As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective bargaining agreement. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 19 Carry Forward The total sick leave hours that will be carried forward at year-end, for both standard sick leave and Washington Paid Sick leave, will be one thousand eighty (1,080) hours. This will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of one thousand eighty (1,080) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount will be transferred to the City sick leave bank, so that employee does not lose hours that they previously would have banked prior to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of one thousand eighty (1,080) hours be carried forward. Article 5, Section 1 of the CBA is modified to reflect the combined maximum accrual of 1,080 hours. Verification for Absences Exceeding Three Days If an employee is seeking to use or has used Washington Paid Sick Leave for authorized purposes for more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. Reinstatement of Employment Employees separating or retiring from employment will not be provided with financial or other reimbursement for unused, accrued Washington State Paid Sick Leave, except as set forth below. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry over provided that the employee had forty (40) or more hours banked upon separation. Retaliation Prohibited Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 110 Section 3. Sick Leave Payment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate, with a maximum payment cap of two hundred seventy (270) hours. b. Death in the Line of Duty. The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 4. Washington Paid Family Medical Leave (PFML) Effective January 1, 2019 Guild members will pay the employee portion of the premium and the City will pay the employer portion of the premium as established by State law. Upon conclusion of final rulemaking by the State in 2019, the City and the Guild agree to bargain benefit levels. Section 5. Industrial Insurance Leave If the state grants industrial insurance benefits, the employee will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary without deducting any leave for thirty (30) days. In the event the employee cannot return to work on the thirty-first (31S) day, the employee would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Employees cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Employees must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, an employee can only "buy back" a percentage of the leave used with that money, however, the employee will not suffer the income loss that occurs when he/she only receives worker's compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the employee's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the employee when all available sick leave and/or vacation leave has been used, and POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 111 then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six (6) months while an employee is on "kept on salary" and subsequently receiving workers' compensation time loss payment. An employee who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the employee is able to resume his/her job duties, or specifying limits on duties which can be performed. Section 6. Family Care and Death a. Bereavement Leave. In the case of death of a member of an employee's immediate family, regular, full time employees shall be entitled up to 30 hours of paid bereavement leave. Regular, full time employees who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to thirty (30) hours when death occurs to a member of the employee's immediate family. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family. b. Family Care Leave. Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. C. Immediate Family. Immediate family is defined as the employee's parent, spouse or domestic partner, children, sister, brother, mother-in- law, father-in-law, sister-in-law, brother-in-law, grandparents, grandchildren, aunt, uncle, and step -relations equivalent to those listed. At its option, the Chief of Police may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that an officer has been released to return to duty, and for FMLA related compliance. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 112 Officers involved in significant incidents are subject to a return to work evaluation conducted pursuant this section of the Agreement. The parties agree to the following process for disclosure of the Return to Work Report that is prepared. a. Upon written request from the Guild to review the Return to Work Report, the City shall schedule a meeting with the Guild Representative and the officer. b. The officer must sign a release in order for the Guild Representative to view the report, which will be provided to the City. c. The officer and the Guild will both attend the meeting when the Chief discloses the Return to Work Report, unless no release is signed by the officer in which event only the officer will attend. d. In the event the Guild subsequently files a grievance and the Guild has obtained a signed release from the employee, the Chief will provide a copy of related documents to the Guild's attorney upon written request. Any information provided to the City will be placed in the ADA compliant confidential file, and will not be put in the officer's personnel file. Any required contact employees have with their own physician related to the requirements of this Agreement may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining on the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Section 8. Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job, consistent with State and Federal law. If the City requires an employee to submit to a fitness for duty evaluation, the City shall provide the employee and the Guild in advance of the evaluation an explanation of why the City is requiring the evaluation. The employee shall have the right to obtain copies of all documents generated as a result of the evaluation within a reasonable time from the City's receipt of the documents. The employee will be required to submit to the first evaluation without loss of pay. If the City's evaluation is that the employee is not fit for duty, the employee shall have the right to obtain a second non-binding opinion at the employee's own expense and on the employee's own time (off-duty or paid leave time). No such expenses for this second opinion may be turned in for reimbursement under the City's self-insurance program. If the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 113 two evaluations are inconsistent on the employee's fitness for duty, the evaluators shall jointly select a third, qualified evaluator. The expense for the third evaluation shall be equally borne by the City and the employee. The Guild agrees to pay the employee's portion of the cost of the third evaluator in the event that the employee does not. The opinion of the third evaluator shall be final and binding upon the parties. Section 9. Physical Fitness Minimum Fitness Standards. The City will discharge its duty to bargain with the Guild before setting minimum fitness standards for the bargaining unit, and will bargain the effects of setting the standards, such as testing procedures, etc. This duty does not apply to individual medical decisions regarding officers. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based on a rolling twelve (12) month period. Section 11. Shared Leave An employee may be eligible to receive shared leave if all of the following conditions are met: a. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature and which has caused, or is likely to cause, the employee to go on leave without pay status or to terminate his or her employment with the City; and b. The employee has completed one year of employment with the City; and c. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time and/or other paid leave; and d. Prior to the use of shared leave, the employee has abided by the City's sick leave policy; and e. When appropriate, the employee has diligently pursued and is found to be ineligible for other disability benefits including workers comp time loss; and f. The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the Department. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 114 The Chief and the Mayor have the discretion to deny a request for shared leave. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Unless otherwise approved by the Chief or the Mayor the employee's eligibility to receive shared leave will be limited to the highest total number of hours of his/her own sick leave balance in the 12 months prior to the shared leave request, so that the employee is eligible to receive a "match" to his/her own accrued sick leave bank. An employee shall not receive more than the equivalent of one-half of the number of hours in his/her typical work year as shared leave throughout his/her employment. To the extent possible, shared leave should be used on a consecutive basis. Shared leave will be administered in accordance with the Employee Guidelines. ARTICLE 6: WAGE RATES Section 1. Wages Wage rate shall be as specified in Appendix A. Section 2. Career Development Program A description of the Career Development Program is contained in Appendix Section 3. On -Call Pay Employees assigned as detectives, employees assigned to the Traffic Unit/Major Accident Investigation Team, Total Station, and the Bomb Unit shall receive an additional three (3) percent of the top step wage rate per month as on call pay. Employees assigned to more than one position requiring the payment of on- call pay shall receive on-call pay for only one such position. Section 4. Extra -Duty Pay a. Employees assigned as Field Training Officers ("FTOs") shall receive an additional seven (7) percent of the top step wage rate per month, as extra - duty pay for all time spent in the actual training of employees. b. Employees assigned as K-9 officers ("K-9") shall receive an additional three (3) percent of the top step wage per month. c. Employees assigned to SWAT shall receive an additional three (3) percent of the top step wage per month. SWAT pay shall not be duplicated or pyramided with on-call pay. d. Employees assigned to Total Station shall receive an additional three (3) percent of the top step wage per month. Total Station pay shall not be duplicated or pyramided with on-call pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 115 Section 5. Corporal Corporals are included in the bargaining unit. Corporals will perform the tasks set forth in Manual of Standards Section 11.1 and 11.2. Corporals will receive a pay differential of five (5) percent above E step police officer. The parties agree that the Corporal position is not a civil service rank. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts a. The Patrol Division will continue to work a 4/10 schedule. Shift starting hours and the number of positions per shift will be determined from time to time by the City. The City may institute a power patrol shift (5/8 schedule). b. (i) Detectives will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department the City may adjust the shifts and work days of Detectives to minimize overtime expenses to the City, provided however, that where a Detective's or Detectives' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Normal work hours will be from 0600 — 1600 or 0700-1700. Detectives will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on-call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Detectives and SIU will continue to flex their time when reasonably possible so as to minimize overtime. b. (ii) The swing shift for detectives described in Appendix D may be implemented when there are fifteen (15) detectives. In the event the number of detectives falls below fifteen (15), the City has a one (1) month grace period to fill the detective vacancy. If the number of detectives remains below fifteen (15) following the one (1) month grace period, all detectives shall be switched to day shift unless a detective or detectives prefers to remain on swing shift. b. (iii) During the fourth quarter of each year, the Department shall conduct a bid among detectives for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a swing shift position at a time POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 116 other than when days off are bid for the following year, the City shall first request volunteers for the swing shift from the detectives. In the event there are no volunteers, selection of detectives for the swing shift shall be made by reverse Department seniority. b. (iv) In the event a new employee is assigned to detectives after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another detective. c. (i) Traffic Officers assigned to the Field Operations Division will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Traffic Officers to minimize overtime expenses to the City, provided however, that where a Traffic Officer's or Traffic Officers' shift or work day is adjusted because of operational needs of the Police Department, the employee(s) will be given at least 72 hours advance notice of such adjustment. In the event an employee or employees are not provided with the notice required by this section, the employee or employees will be paid overtime for all hours worked outside the employee's normal shift. Traffic Officers will be authorized to work a traditional 5/8 schedule upon request. c. (ii) The Saturday schedule for Traffic Officers described in Appendix D may be implemented when there are eight (8) traffic officers. In the event the number of Traffic Officers falls below eight (8), the City has a one (1) month grace period to fill the Traffic Officers' vacancy. If the number of Traffic Officers remains below eight (8) following the one (1) month grace period, all Traffic Officers shall be switched to a Monday -Friday schedule unless a Traffic Officer or Traffic Officers prefers to remain on a Saturday shift. c. (iii) During the fourth quarter of each year, the Department shall conduct a bid among the Traffic Officers for days off for the following year. The bid and the selection of days off shall be by Department seniority. In the event it becomes necessary to fill a vacancy in a position on the Saturday schedule at a time other than when days off are bid for the following year, the City shall first request volunteers for the Saturday schedule from the Traffic Officers. In the event there are no volunteers, selection of Traffic Officers shall be made by reverse Department seniority. c. (iv) In the event a new employee is assigned to traffic after bidding has been completed for a year, such employee may not use his/her Department seniority to displace/bump another traffic officer. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 117 d. Canine officers will work a 4/9 schedule but be paid for a 4/10 schedule. All time spent in the extraordinary care of the dog (e.g., veterinary visits) shall be at the overtime rate. e. The City may continue the assignment of storefront and Mall officers to a different schedule. Future non-traditional specialized assignments may also be put on a different schedule (i.e., 5/8) f. Reopener The parties agree that the City may reopen the issue of shift scheduling with the Guild. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. g. The normal workday shall be inclusive of the thirty minute lunch period for all members of the bargaining unit. Officers in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding Patrol Officers, Traffic Officers, and Detectives will bid annually for their work shift and days off based upon seniority. The bid sheets will be posted for one week, and officers on leave may bid by proxy or email. The City may move an officer during the year, or after reviewing the bid results, based upon reasonable necessity. In making such changes, the City will (when practicable) initially request volunteers, and thereafter make remaining assignments by utilizing the least senior officer(s) that meets the Departments' needs. Section 3. Specialty Assignments The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class An officer assigned by the City to perform work out of class (i.e. - as a lieutenant) will receive a 7% premium for those hours spent performing those duties. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 118 Section 6. On -Call a. Employees assigned as detectives for CIS and SIU, and employees assigned to the Bomb Unit may be placed on a rotating, on-call schedule. No detective is required to act as a back-up or secondary on-call, but the parties recognize when contacted all detectives are urged and encouraged to accept necessary call -ins. The rotating, on-call schedule for employees assigned as detectives and the procedures for assigning such employees to the rotating, on- call schedule shall be the rotating, on-call schedule and procedures that are currently being used for detectives. ii. The on-call schedule for employees assigned to the Bomb Unit and the procedures for assigning such employees to the on-call schedule shall be the on-call schedule and procedures that are currently being used for employees assigned to the Bomb Unit. b. Employees assigned to the Traffic Unit/Major Accident Investigation Team may be placed on a rotating, on-call schedule so long as no fewer than eight (8) employees are assigned to the single Traffic Unit/Major Accident Investigation Team on call schedule. The Major Accident Investigation Team shall be composed of those employees assigned to the Traffic Unit and volunteers obtained by the City using the current procedure used for making specialty assignments. ii. The rotating, on-call schedule for employees assigned to the Traffic Unit/Major Accident Investigation Team and the procedures for assigning such employees to the rotating, on-call schedule shall be same as the rotating, on-call schedule and procedures that are currently being used for detectives. c. Employees who are on-call pursuant to an on-call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 119 ARTICLE 8: OVERTIME Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one-quarter hour, with the major portion of one-quarter hour to be paid as one- quarter hour. a. Compensatory time may be accrued by an employee at the time and one- half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 1. Scheduling The City has the right to schedule overtime work as required in a manner most advantageous to the Department, consistent with the requirements of municipal employment and the public safety. Section 2. Callback Any employee called back after finishing his/her regular shift, or called to report on his/her day off for any reason (including being called into court on matters arising directly from the officer's employment as a police officer), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one- half (1-1/2) times his/her regular straight -time hourly rate of pay. a. When an officer is called back to work within a three (3) hour period immediately preceding his/her regular shift, he/she shall be entitled to pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay from the time of appearance to the time his/her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when an officer is on duty and extends past his/her regular shift, shall be compensated at one and one- half (1-1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 120 c. (i) Between two regular work shifts, graveyard patrol officers who are called back to work or attend court during hours outside the officer's regular work shifts will be granted up to eight consecutive hours of break from work for a rest period before being required to return to work. The break begins when the employee arrives back at the police station following the court or work obligation. c. (ii) When the rest period encroaches into an employee's subsequent regular work shift and the employee intends to exercise the rest break option, the employee must notify an on -duty supervisor or commander in advance of the anticipated tardy arrival. The employee will be paid (at the regular straight time rate) for rest break hours as if the employee was present at work. c. (iii) This does not create a mandate for the employee to take an eight-hour break before the employee can return to a work assignment. There is no rest period granted in association with extra duty work — the expectation is that officers will manage such optional work in a manner that allows them sufficient rest prior to their regular work shifts. c. (iv) If an officer calls in sick following the rest period instead of returning to work as scheduled, the entire shift will be deducted from the officer's sick leave. d. In the event an officer is given less than twelve (12) hours' notice of cancellation of a scheduled off-duty court appearance, he/she shall be entitled to three (3) hours pay at one and one-half (1-1/2) times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. See Appendix C for additional provisions regarding Callback Overtime. Section 3. 7(K) Exemption The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 4. Non -Pyramiding Premium or overtime pay shall not be duplicated or pyramided. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 121 Section 5. FLSA Provisions The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS Section 1. Health Plan. The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) The Employer shall pay each month one hundred percent (100°/x) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible for other coverage through their place of employment) under Kaiser Permanente PPO Access or HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). a. (ii) There will be a Plan A and a Plan B. An officer and spouse/partner (if covered under the plan) both must complete the Healthcare Questionnaire, the Biometric Screening, and the officer must participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. The Guild will work with the City to develop mutually agreeable challenges. a. (iii) The Guild will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. b. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. C. Other. The life insurance benefit shall be one (1) time's annual salary to a maximum of $110,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 122 Section 2. Supplemental Disability Insurance The City shall continue to provide supplemental coverage. The Guild may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Guild. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section 3. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement, that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of- pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse/eligible dependent for use for eligible medical expenses upon the death of the employee. a. Employer Contribution. In 2019, on the first of the month following ratification, the City will pay a one-time lump sum contribution of $500 into the employee's HRA/VEBA account of each bargaining unit employee. Effective January 1, 2020, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRA/VEBA account, which the City will contribute by the first pay period of the year (January 20th) Effective January 1, 2021, each bargaining unit employee will receive a one- time City lump sum contribution of $500 into the employee's HRA/VEBA account, which the City will contribute by the first pay period of the year (January 201h) Should an unforeseen delay occur with the City contribution, the City will notify the Guild when it becomes aware of such delay. City contributions will be made to the Standard HRA, which allows for active access of HRA/VEBA funds, provided that the employee is covered on the City's health insurance plan or covered on another qualified group health plan. Should an employee not meet the coverage criteria, the City contribution will be made to a Post -Separation HRA/VEBA account and funds would not be available to the employee until after separating from service. The City will make no other contributions to the plan. b. Mandatory Employee Contribution. Effective on the first of the month following 30 days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRA/VEBA. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 123 ARTICLE 10: MISCELLANEOUS Section 1. Auto/Auto Reimbursement. a. (i) Take Home Cars. Upon the completion of the probationary period, bargaining unit employees who live within the City limits and/or PAA (Potential Annexation Area) shall be issued take home vehicles which may be used to commute to and from work and for transportation to all matters arising directly from the officer's employment as a police officer, including extra -duty employment. Also, school resource officers who live within the City limits, the on-call detective, K-9 officers, employees assigned to SIU, and traffic officers assigned to motorcycles shall continue to be issued take home vehicles in accordance with current practice. a. (ii) The Study Of Take Home Car Program. A labor management committee shall be maintained to study and discuss the pros and cons of expanding the boundary for take home cars and submit its findings for biennial budget discussions. a. (iii) Employee Vehicles. All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 2. Appearances Before the Civil Service Commission, PERC, or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or a labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 3. Guild Negotiating Committee Up to four (4) employees who serve on the Guild Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 124 Section 4. Guild Business The Department shall afford Guild representatives a reasonable amount of time while on -duty to consult with appropriate management officials, Guild counsel and/or aggrieved employees, provided that the Guild representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Guild representatives shall not use excessive time in handling such responsibilities. The Guild shall give the City as much advance notice as reasonably possible of such time off requests. Section 5. Bulletin Boards The City shall permit the use of a bulletin board by the Guild for the posting of notices relating to official Guild business, so long as the matters posted are not discriminatory or otherwise unduly interfere with the operations of the Department. Section 6. Damage of Personal Effects Employees who, in the line of duty, suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Section 7. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he/she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he/she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Section 8. Uniforms and Equipment a. (i) Department Issued Uniforms and Equipment. As detailed more fully in a Memorandum of Agreement between the parties agreement on uniforms, all commissioned officers shall be furnished required uniforms and equipment. a. (ii) Dry -Cleaning. Uniforms shall be dry-cleaned at the City's expense as necessary. a. (iii) Annual Allowance. All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job-related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job- related footwear, clothing, or accessories during a year. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 125 • Officers assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative Officer in Professional Standards will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories, and uniform footwear. • Traffic officers assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required footwear, clothing, accessories, and eye protection. • All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise the total reimbursable expense is capped at $325 for new motorcycle officers. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above. As used in this Section, "accessories" include the following items. Nothing prohibits the City and Guild from modifying this list through written agreement. • T-shirts (black or white) • Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) • Baseball caps (with FWPD mini -patch) • Watch cap (with FWPD mini -patch) • Nylon web gear • "Comfort Fit" Belt System • Handcuffs (nickel -plate or black finish) • Metal baton • Mini -flashlight • Mini -flashlight pouch/holder • Key Holder • Latex glove holder • Radio earpiece • Folding knife (no more than 4" blade length) • Patrol bag / Carry case POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 126 • External Armor Carrier (see MOS 41.35D External Body Armor • Specs) • Suspenders for duty belt • Holsters (must comply with department specifications for either • Uniform or plain clothes on -duty use) • Firearms (must comply with department specifications for either • uniform or plain clothes on -duty use) • Sights for firearms (must comply with department specifications for either uniform or plain clothes on -duty use) Section 9. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he/she will inform his/her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Officers who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 10. P10 / OPS / PSO The duties currently performed by the Public Information/Crime Prevention Officer and the duties previously performed by the bargaining unit employee assigned to the Office of Professional Standards may be assigned to non -bargaining unit employees employed by the City. Section 11. Community Center Guild members will be eligible to participate in the Federal Way Community Center's employee discount program pursuant to the Employee Guidelines. The parties recognize the City may need to make changes to the program. In the event the City desires to make changes, the City shall give the Guild at least ten (10) days' notice of the desired change. The Guild may request bargaining of the issue, and the City thereafter will meet with the Guild in an effort to resolve the issue. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 127 Section 12. Domestic Partner/Partnership a. Requirements. In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: (i) Not related by blood closer than would bar marriage in Washington State. (ii) Not married to another or in any other domestic/civil partnership. (iii) 18 years of age. (iv) Competent to contract when the domestic partnership began. (v) Each other's declared sole domestic partner. (vi) Currently sharing primary residence/mutual support/intend indefinitely. (vii) In an intimate, committed, and exclusive relationship (viii) Of the same sex and/or opposite sex and responsible for each other's common welfare. b. Benefits (i) A person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "spouse"/"dependent" for all purposes under this agreement. (ii) A dependent child of a person whom an employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be treated as and provided the same benefits as an employee's "child"/"dependent" for all purposes under this agreement. Section 13. Tuition Reimbursement a. (i) The City will reimburse employees for the cost of tuition and for the cost of books, for prospective requests only, as long as the subject matter of the specific course or course of study is job-related and the tuition costs do not exceed those found at the University of Washington. a. (ii) In order to obtain the reimbursement, the bargaining unit member must successfully complete the course, attaining a C grade or higher and must reimburse the City if they leave the City's employ within two years of class completion. a. (iii) The City shall make twenty thousand dollars ($20,000.00) per year available to bargaining unit members for tuition reimbursement. If at any time during a year the maximum twenty thousand dollars ($20,000.00) limit is reached, then all subsequent requests for tuition reimbursement shall be denied. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 128 ARTICLE 11: PROHIBITED PRACTICES Neither the Guild nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other unlawful organized effort that interferes with the efficient operation of the Department. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Guild agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall Employees laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he/she cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Criminal Investigations In criminal matters, an employee shall be afforded the Constitutional rights available to any citizen. Section 2. Disciplinary Definitions For purposes of this article, "discipline" means verbal warnings, written reprimands, suspension without pay, a withheld step, demotion, and discharge. "Consequential discipline" means suspension without pay, a withheld step, demotion, and discharge. "Corrective discipline" means verbal warnings and written POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 129 reprimands. "Disciplinary Investigation" includes standards investigations done by the Police Department and investigations done by Human Resources or an agent thereof. "Interrogation" means any questioning of a subject employee by an agent of the City who is conducting a disciplinary investigation. Section 3. King County Inquests The City will not impose corrective or consequential discipline against an employee based solely on the findings of a King County inquest proceeding. Section 4. Just Cause No employee shall be subject to discipline except for just cause. Section 5. Off-duty Misconduct An employee who engages in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct, if known, would harm the City's reputation in the community; (2) the off-duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police officer holds. Section 6. Disciplinary Investigations In disciplinary investigations the following guidelines shall be as follows: a. The Department will notify a member of the Guild E -Board: 1. Prior to serving an employee with notice of the disciplinary investigation; 2. Prior to interviewing subject employee; and 3. Of the results of an investigation after it is completed. b. The subject employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter: Nothing herein shall operate as a waiver of the Guild's right to request information. C. Employee will be given reasonable notice of scheduled interview times unless such notice would jeopardize the successful completion of the investigation. The notice will also: 1. Advise the employee whether s/he is being interviewed as a witness or is the subject of the investigation (is accused of wrong -doing); 2. Advise the subject employee of his/her right to have a Guild representative present at the interview. Neither the investigator nor the POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 130 police administration will discourage the presence of a Guild representative; and 3. When a subject or witness employee states a desire to have representation present, the Department will allow a reasonable time for the employee to summon representation. d. Interrogations shall take place at the City Police Department and will occur during the employee's normal work hours; during the employee's assigned administrative leave hours; or at a time and place agreed upon by the interviewer and the Guild. e. During the interrogation and before questioning occurs, the investigator will inform the employee that failure to fully and truthfully answer questions may result in disciplinary action up to and including termination. f. Questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department shall tape record the interrogation of a subject employee. Upon request, a copy of the tape and the transcript will be provided to the Guild. For all Guild witnesses (other than the subject employee), the Department will either tape the interview or seek a written statement, which will become part of the investigation and will be provided to the Guild upon request. Disciplinary investigations shall be concluded in a reasonable time. Section 7. Pre -Discipline Meetings Prior to the imposition of corrective or consequential discipline, the Department shall provide a complete copy of the investigation file to the Guild. In addition, the Department shall notify the Guild of the proposed level of corrective or consequential discipline. In cases where corrective or consequential discipline is recommended, the subject employee and/or the Guild may meet with the Chief of Police or his/her designee to provide mitigating circumstances related to the disciplinary action being considered. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 131 Section 8. Imposing Discipline The Department shall provide written notice to the subject employee and the Guild of the imposed discipline, including a summary of the factual conclusions and the policies, procedures and/or standards violated. Verbal reprimands are subject to steps 1 through 4 of the Article 14 Grievance Procedures; written reprimands are subject to steps 1 through 5 of the Article 14 Grievance Procedures. Consequential discipline is subject to all steps of the Article 14 Grievance Procedure. Section 9. Removal of Disciplinary Records from Police Department Personnel File. An employee may request removal of his/her disciplinary records from his/her Police Department personnel file consistent with the Department's Manual of Standards Section 26.1.8 and State retention schedule for government records. Requests for removal of disciplinary records shall not be unreasonably denied. Nothing in this Section shall be construed as requiring the City to remove any employment records necessary to the City's case if it is engaged in litigation or arbitration related to that employees employment at the time those records would otherwise be removed. ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Guild concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Guild, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 132 Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Guild within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the Mayor, with a copy to the Manager of Human Resources, by the Guild within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to Step 7, and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration by the Guild within thirty (30) calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing by the Guild, to arbitration within thirty (30) calendar days of the date that the Mayor's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 133 prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2. Arbitration Panel The City and the Guild shall try to agree upon a mutually acceptable Arbitrator. If the parties fail to agree, they shall request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service, with all Arbitrators being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Police Guild mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbitrator shall be borne equally by the parties. d. All other costs and expenses will be borne by the party incurring them, including the costs of representation. e. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 134 extended up to 30 days to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, for just cause. Section 7. Probationary Period All newly hired must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee completes the training academy and receives his/her commission. The probationary period for lateral hires shall end six (6) months from the date the employee is hired. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period The probationary period is an extension of the hiring process; therefore, the provisions of this Article will not apply to employees if they are discharged during their initial probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with this Article. Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Guild, no individual employee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Guild shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on any basis prohibited by law. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Guild agree that they will cooperate in complying with the Americans with Disabilities Act. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 135 ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. In such situations, the following process shall apply: a. If the officer has been specifically informed by his/her physician that the drug(s) will not impair performance or the ability to operate an automobile, the officer is not required to make a disclosure to the Department. b. In cases where an officer makes an advisement to the Department, the Chief shall determine whether the drug could impair the ability of an officer to operate an automobile or perform other job functions (hereafter "impair performance"). In situations where the answer to that question is not otherwise clear to the Chief, or in cases where the officer believes that there will be no impaired performance, the Chief will seek the expertise of a medical professional to determine whether the drug(s) could impair performance. c. If the medical professional consulted by the Chief states that the drug would not impair performance, or if the Chief is otherwise able to make this same determination, the officer will be so informed and no further action will be taken. d. If the medical professional concludes the drug could impair performance, or if otherwise required pursuant to this Agreement, the officer will provide written authorization from a physician that the drug will not impair performance. In responding to the request, the physician will only be asked to confirm that the drug will not impair performance, and will not be asked to provide an further information to the Chief. e. If the physician determines that the drug could impair performance that information will be provided to Human Resources for a determination of whether accommodations can be made. Any information provided to the City will be placed in an ADA compliant confidential file, and will not be put in the officer's personnel file. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 136 Any required contact employees have with their own physician, related to the requirements of this Agreement, .may be done during work hours, provided it is at a time that does not interfere with other duties. If an employee is required to be physically examined by his/her own physician as a condition of opining of the effects a particular drug may have on the employee's work performance, that examination shall be considered time worked. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, whether drug related or not. Section 2. Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion. Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence. In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 137 (Nanograms per milliliter) (ng/ml) Test Level Amphetamines................................................................................... 1000 Barbiturates.................................................................................................... 300 Benzodiazepines............................................................................................ 300 Cannabinoids................................................................................................. 100 Cocaine metabolites...................................................................................... 300 Methadone..................................................................................................... 300 Methaqualone................................................................................................ 300 Opiates(Codeine).......................................................................................... 300 Opiates(Morphine)........................................................................................ 300 Phencyclidine(PCP)........................................................................................ 25 Propoxyphene................................................................................................ 300 Level of the positive result for alcohol ..................................... 0.04 blood alcohol C. Illegal Drugs. All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter Drugs. Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. e. Prescription Drugs. All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with a Guild representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Guild representative may be present during this discussion. C. The Employer may request urine and/or blood samples. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 138 d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Guild representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Guild representative) and proper chain -of -custody procedures shall be followed. f. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties.. The results of such tests shall be made available to the Employer and the Guild. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: h. If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Section 5. Confirmatory Test. Marijuana metabolites................................................................ 15ngm Cocaine metabolites.................................................................150 ng/ml Opiates Morphine........................................................................300 ng/ml Codeine.........................................................................300 ng/ml Phencyclidine.......................................................................... 25 ng/ml Amphetamines Amphetamine..................................................................500 ng/ml Methamphetamine............................................................500 ng/ml Section 6. At the employee's or the Guild's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Guild for testing. The cost of this test will be paid by the Guild or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 139 Section 7. The employee and the Guild (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police officer for those officers hired before July 15, 1997, and as total service as police officers with the City of Federal Way for employees hired thereafter. However, previous service as a Federal Way police officer will not be considered for employees rehired after three years or more of separation from the Department. ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: RESERVED POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 140 ARTICLE 20: DURATION This agreement shall be effective until December 31, 2021. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. DATED this day of , 2019. CITY OF FEDERAL WAY: FEDERAL WAY POLICE GUILD: Jim Ferrell, Mayor Richard Kim, Guild President Approved as to form: City Attorney, J. Ryan Call POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 141 APPENDIX A WAGES Police Officer: Effective and retroactive to January 1, 2019 a 2.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 48+ $5515 $5791 $6287 $6816 $7398 Effective January 1, 2020 a 1.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 48+ $5570 $5849 $6350 $6884 $7472 Effective July 1, 2020 a 2.0% increase. Step A Step B. Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 48+ $5681 $5966 $6477 $7022 $7621 Effective January 1, 2021 a 1.0 % increase. Step A Step B Step C. Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 149±1 $5738 $6026 $6542 $7092 $7697 Effective July 1, 2021 a 2.0% increase. Step A Step B Step C Step D Step E (0-12 mo. (13-24 mo.) (25-36 mo.) (37-48 mo.) 48+ $5853 $6147 $6673 $7234 $7851 The Guild understands that former employees will not receive retroactive pay pursuant to this Agreement. DEFERRED COMPENSATION: The City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of two (2) percent of the employee's base rate of pay. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 142 APPENDIX B OVERVIEW FOR CAREER DEVELOPMENT PROGRAM Item 0-5 years 6-10. ears 11-15 years 16 year + Career Development Program 0%* 2.25% 4.25% 6.25% City Residency 1% 1 % 1 % 1% A. A. Degree 2% 2% 2% 2% Bachelor's Degree 4% 4% 4% 4% * Current Employees with less than 5 years or less experience as a commissioned police officer who are receiving Career Development Pay will be grandfathered and will continue to receive such pay. Employees who have a Master's Degree shall receive pay for a Bachelor's Degree provided however that employees who have a Master's Degree as of January 1, 2005 and have five total years or less of experience as a commissioned police officer will be grandfathered and will continue to receive 5% education pay. Upon the beginning of their 6th year, and thereafter, such employees shall receive pay for a Bachelor's Degree. Placement on the schedule is based on total years of experience as a commissioned police officer regardless of whether such experience is with the City or other jurisdictions. The steps under this schedule are not cumulative and an employee is only entitled to the percentages under the step (i.e. 0-5 years, 6-10 years, 11-15 years, 16 year+) he/she is currently at. Officers must be off probation to receive Career Development Pay. The maximum percentage that an employee may receive through the Career Development Program is 10.25% including residency. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 143 An employee who is in the Career Development Program and establishes residency in the City shall immediately begin receiving Career Development Residency pay. An employee who is in the Career Development Program and leaves residency in the City shall immediately cease receiving Career Development Residency pay. rate. The percentages set forth above are calculated on and added to the base Matrix Requirements (at least one of the following three): 1. Formal education (at least 2 credits) at an accredited college or university, or 2. Obtain at least 50 hours of specialized or in-service training annually, or 3. Serve in a specialized or collateral assignment. a. Specialized Assignments: SRT, SROs, Commons, Resource Centers, FTO, CIS, Traffic Unit, Bomb Unit, K-9, Basic Academy Tac Officer. b. Collateral Assignments: Firearms Instructor, Defensive Tactics Instructor, First Aid Instructor, Motor Instructor, EVOC Instructor, SFST Instructor, Traffic School Instructor, BAC Instructor, Radar Instructor, MAIT Team, Drug Recognition Expert ("DRE"), DRE Instructor, and Civil Disturbance Unit ("CDU") and such other assignments as mutually agreed by the parties. Review of officer performance in the Career Development Program Matrix will occur at time of the officer's performance appraisal. Failure to meet requirements of program will result in loss of Career Development Program percentage only for a minimum of one (1) year. A failure to meet the requirements of the program will not result in the loss of education and/or residency pay. In any year in which the City fails to fund or offer training or tuition reimbursement at the level of public universities in the State of Washington, the continuing education requirements to participate in the Career Development Program will be waived. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 144 APPENDIX C CALLBACK OVERTIME Home preparation time and travel time to & from work are not compensated. (The only exception is for unexpected specialty callbacks as described below.) Compensation for extra work begins at the start of the shift for which the employee signed up, at the start of a pre -planned meeting, or at the scheduled start of another planned event. When an officer is unexpectedly called back for patrol coverage outside of regular shift starting times: • For officers without a take home vehicle, overtime starts when the employee arrives at the police station. • For employees with take home vehicles, overtime starts when the officer is in uniform, in their police vehicle, within the city limits, and calls in service. For court appearances during an employee's normal time off, overtime starts at the designated appearance time in court.Z If, however, the officer first arrives at the FW police station to get a police car, overtime includes travel time from FWPD to court. Overtime continues until the employee is released from court and arrives back at FWPD. For specialty employees3 responding to an unexpected callback during their normal off-duty hours, overtime starts at the time the employee gets the call directing them to come to work. Pre -arrival time is capped at one hour. (One hour prior to arrival or the actual commute time, whichever is less.) This applies the same to all responding specialty employees, whether they go to the police station first or travel directly to the scene. Compensation for travel time specifically does not apply to: • Regular work shifts • Travel time home from work, no matter what the occasion or event • Shift call-in or callback for patrol • Any extra work to which the employee was assigned in advance (i.e., a planned operation by CIS, a scheduled warrant service by SWAT, work teams on July 4, etc.) • Work for which the employee voluntarily signed -up (extra patrol shifts, emphasis patrols, extra duty, etc.) 1 This includes occasions when CBA Article 8, Section 3 would normally apply. 2 This includes when an officer drives directly to court from home. 3 Applicable specialties include CIS, SWAT, BDU, MATT, and Total Station. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 145 Any pre -approved overtime (by definition, if something is pre -approved then it isn't an unexpected callback, such as CIS case completion on a weekend) • Training (as an instructor or student) • RSO work POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 146 APPENDIX D DETECTIVES Proposition Model: Adding 4 detectives Day Shift 0600 --1600 Swing Shift 1100-2100 Persons Unit 5 1 Property Unit 5 1 Family Unit 2 (new positions) 2 (new positions) 12 4 • Total of 16 detectives • Modify a lieutenant schedule to cover Swing Shift hours • Detectives will work Monday — Friday (Saturday's excluded) • Detective can adjust schedule with supervisor approval — current practice TRAFFIC UNIT • Proposition Model: Adding 4 Traffic Officers (3 motorcycle and 1 car) • Work Days: Monday — Saturday • Hours: 0600 — 2100 • Motorcycle Officers will work day light hours (some will be adjusted for Winter and Summer seasons) • Accident Cars will work Day and Swing Shift hours, (i.e., to 2100 hours) • If DUI Officer is assigned to Traffic Unit, the hours will be into early morning hours, i.e. 0400 hours. POLICE GUILD COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 147 SUBJECT: APPOINTMENTS TO THE YOUTH COMMISSION POLICY QUESTION: Should the City Council appoint members to the Youth Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office .111..1 ....11....11. _ _ .... .1-1 _.. .......11.1.1 _ ......... ........ ........ . 1.1._11...... .. 111-1111. .............. .......... ......... Background: The Youth Commission is comprised of twelve voting and three (3) alternate members who are appointed by the City Council to serve two-year terms (per FWRC 2.60.040). There is currently one (1) vacant voting and three (3) vacant alternate positions due term expiration and high school graduation. One (1) application was received in response to the City Clerk's recruitment process. At their April 16, 2019 Special Meeting the City Council interviewed the one applicant seeking appointment (Samuel Lee) Options Considered: 1. Appoint Samuel Lee as a voting member to Youth Commission with a term to expire August 31, 2020. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A CITY CLERK APPROVAL: Council Initial/Date PROPOSED COUNCIL MOTION: I move the appointment of Samuel Lee as a voting member to the Youth Commission with a term to expire August 31, 2020. (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 onl)) ORDINANCE # REVISED - 12/2016 RESOLUTION # COUNCIL MEETING DATE: April 16, 2019 ITEM #: 6c ........... I .......... .................................................................................................. ............... ... .......... .. 11- ............. ........... _ .. .............. ........ . .................... - .................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appoint members to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per FWRC 2.50.030). There are currently two (2) vacant positions due to term expirations. Two (2) applications were received in response to the City Clerk's recruitment process. At their April 16, 2019 Special Meeting the City Council interviewed two (2) applicants seeking appointment to this commission (Alyson Soma and Cory Young). Options Considered: 1. Appoint the following candidates to the Arts Commission with terms expiring as listed: 1. Voting Member Expires 12/31/2021 2. Voting Member Expires 12/31/2021 2. Direct the City Clerk to advertise for additional applicants. MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: 0_k)AWV91 Committee Council Initial/Date Initial/Date Initial/Date PROPOSED COUNCIL MOTION: `7 move the following appointments to the Arts Commission... " (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— 12/2016 RESOLUTION # COUNCIL MEETING DATE: April 16, 2019 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). One (1) position is currently vacant due to term expiration. Two (2) applications have been received; both applicants are representatives of businesses required to collect lodging tax. At their April 16, 2019 Special Meeting the City Council interviewed both applicants (Rose Ehl and Brian Hoffman) seeking appointment. Options Considered: 1. Appoint as a voting member representing a business required to collect lodging tax to the Lodging Tax Advisory Committee with a term to expire 10/31/2020. 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A CITY CLERK APPROVAL: N '116 I PROPOSED COUNCIL MOTION: "I move the appointment of as a voting member to the Lodging Tax Advisory Committee with a term to expire October 31, 2020). 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 - 12/2016 RESOLUTION # 7a COUNCIL MEETING DATE: April 16, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PROVIDING FOR THE ISSUANCE AND SALE OF A LIMITED TAX GENERAL OBLIGATION BOND IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000 TO REFINANCE THE SCORE DEBT. POLICY QUESTION: Should the City Council provide for the issuance and sale of a Limited Tax General Obligation Bond in the principal amount of not to exceed $15,000,000 to refinance the SCORE debt. COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: Ordinance providing of the issuance and sale of a Limited Tax General Obligation Bond in the principal amount of not to exceed $15,000,000 to refinance the SCORE debt. Summary/Background: Pursuant to Ordinance Nos. 09-603 and 09-623 the City pledged its full faith and credit for payment of its allocable 18% portion of the SCORE debt for the purpose of financing the costs of purchasing land and construction of SCORE. The City has decided to terminate its relationship with SCORE and finance its portion of the debt. Options Considered: 1. Authorize the Finance Director to move forward with the refinancing of the SCORE debt and approve the first reading of the ordinance. 2. Deny authorization for the Finance Director to move forward with the refinancing of the SCORE debt and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: COMMITTEE RECOMENDATION: N/A DIRECTOR APPROVAL: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 1ST READING OF ORDINANCE (APRIL 16, 2019): `I move to forward approval of the ordinance to the May 7, 2019 Council Meeting for enactment. " 2- READING OF ORDINANCE (MAY 7,2019): `I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading 11 MOVED TO SECOND READING (ordinances only) ORDINANCE # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of one or more series of not to exceed $15,000,000 aggregate principal amount of limited tax general obligation bonds to provide funds to repay the City's portion of the South Correctional Entity Facility Public Development Authority Bonds, Series 2009A and Series 2009B (Taxable Build America Bonds — Direct Payment), and to pay the costs of issuance of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds --State and Local Government Series and other direct, noncallable obligations of the United States of America that may be purchased to accomplish the repayment of the City's portion of the SCORE Bonds as authorized by this ordinance. (b) "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity of a Series. (c) `Beneficial Owner" means, with respect to a Bond, the owner of any beneficial interest in that Bond. (d) "Bond" means each bond issued pursuant to and for the purposes provided in this ordinance. Ordinance No. 19- Page I of 28 (e) "Bond Counsel" means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (f) "Bond Account" means the Limited Tax General Obligation Bond Account, 2019, of the City created for the payment of the principal of and interest on the Bonds. (g) "Bond Purchase Contract" means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. (h) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (i) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City for any Series of Bonds. 0) "City" means the City of Federal Way, Washington, a municipal corporation duly organized and existing under the laws of the State. (k) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (1) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (n) "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). Ordinance No. 19- Page 2 of 28 (o) "Final Terms" means the terms and conditions for the sale of a Series of the Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), whether a Series is federally tax-exempt, payment dates, final maturity, redemption rights, price, and other terms or covenants. (p) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. (c) "Government Obligations" has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (r) "Issue Date" means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (s) "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC, dated May 1, 1997, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (t) "MSRB" means the Municipal Securities Rulemaking Board. (u) "Official Statement" means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series of the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC. (v) "Owner" means, without distinction, the Registered Owner and the Beneficial Owner. (w) "Purchaser" means KeyBanc Capital Markets Inc., of Seattle, Washington, or such other corporation, firm, association, partnership, trust, bank, financial institution or other legal entity or Ordinance No. 19- Page 3 of 28 group of entities selected by the Designated Representative to serve as purchaser in a private placement, underwriter or placement agent in a negotiated sale of any Series of the Bonds. (x) "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (y) "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (z) "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book -entry only system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (aa) "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (bb) "SEC" means the United States Securities and Exchange Commission. (cc) "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (dd) "Series of the Bonds" or "Series" means a series of the Bonds issued pursuant to this ordinance. (ee) "SCORE 2009 Bonds" means all or a portion of the City's portion of the South Correctional Entity Public Development Authority Bonds, Series 2009A maturing in the years 2021 and 2022, and the City's portion of the South Correctional Entity Public Development Authority Ordinance No. 19- Page 4 of 28 Bonds, Series 2009B (Taxable Build America Bonds — Direct Payment) maturing in the years 2020, 2022, 2024, 2029 and 2039. (ff) "State" means the State of Washington. (gg) "Term Bond" means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Contract. (hh) "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 17 of this ordinance. (ii) "2009A Bonds" means the South Correctional Entity Public Development Authority Bonds, Series 2009A. Oj) "2009B Bonds" means the South Correctional Entity Public Development Authority Bonds, Series 2009B (Taxable Build America Bonds — Direct Payment). Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Interlocal Agreement and SCORE. Pursuant to an Amended and Restated SCORE Interlocal Agreement dated as of October 1, 2009 (the "Interlocal Agreement"), among the City and the cities of Auburn, Burien, Des Moines, Renton, SeaTac and Tukwila (collectively, the "Member Cities"), such cities agreed to jointly construct, equip, maintain and operate a consolidated correctional facility to be located in Des Moines, Washington (the "Facility"). To carry out the purposes of the Interlocal Agreement, the Member Cities established the South Correctional Entity ("SCORE") as a governmental administrative agency. In order to finance and refinance the acquisition, construction, equipping and improvement of the Facility, the City of Renton, Ordinance No. 19- Page 5 of 28 Washington chartered the South Correctional Entity Facility Public Development Authority (the "Authority") as a public corporation. (b) The Repayment. Pursuant to Resolution No. 2 of the Authority's Board of Directors (the "SCORE 2009 Bond Resolution"), the Authority issued its SCORE 2009 Bonds. There are currently $2,755,000 of 2009A Bonds outstanding, all of which may be subject to redemption prior to their stated maturity dates at any time on or after January 1, 2020. In addition, there are $68,865,000 of 2009B Bonds outstanding, $66,480,000 of which may be subject to redemption prior to their stated maturity dates at any time on or after January 1, 2020. Pursuant to the Interlocal Agreement, the City is assigned 18% of the total debt service on the 2009 Bonds. The City Council finds that it is in the best interests of the City and its taxpayers to issue the Bonds in order to carry out the repayment of all or a portion of the City's percentage of the SCORE 2009 Bonds, if determined to be advantageous to the City by the Designated Representative. (c) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $15,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2019 is $11,316,068,196. (2) As of December 31, 2018, the City had limited tax general obligation indebtedness, consisting of bonds, leases and conditional sales contracts outstanding in the principal amount of Ordinance No. 19- Page 6 of 28 $31,498,600, which is incurred within the limit of up to 1'/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote. (3) As of December 31, 2018, the City had no outstanding unlimited tax general obligation indebtedness. (d) The Bonds. For the purpose of providing the funds necessary to carry out the repayment of the SCORE 2009 Bonds and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City's Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing indebtedness in one or more Series in the aggregate principal amount not to exceed $15,000,000 to provide funds necessary to carry out the repayment of the City's portion of the SCORE 2009 Bonds and to pay the costs of issuance and sale of the Bonds. Section 4. Description of Bonds, Appointment of Designated Representative. The City's Finance Director, or the Mayor in his absence, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of each Series of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the following parameters: (a) The Bonds may be issued in one or more Series, and the aggregate principal amount of the Bonds shall not exceed $15,000,000; Ordinance No. 19- Page 7 of 28 (b) One or more rates of interest may be fixed for the Bonds as long as no rate of interest for any maturity of the Bonds exceeds 6.00%; (c) The true interest cost to the City for each Series of Bonds does not exceed 5.00%; (d) The aggregate purchase price for each Series of Bonds shall not be less than 95% and not more than 125% of the aggregate stated principal amount of the Bonds, excluding any original issue discount; (e) The Bonds may be issued subject to optional and mandatory redemption provisions; (f) The Bonds shall be dated as of the date of their delivery, which date and time for the issuance and delivery of the Bonds is not later than December 31, 2019; and (g) Each Series shall mature no later than December 1, 2039. In addition, a Series of the Bonds may not be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement, may determine whether a Series is federally tax-exempt, and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. In determining the number of series, the series designations, final principal amounts, date of the Bonds, denominations, interest rates, payment dates, redemption provisions, tax status, and maturity dates for the Bonds, the Designated Representative, in consultation with other City officials and staff and advisors, shall take into account those factors that, in his or her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable to the Bonds. Ordinance No. 19- Page 8 of 28 Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or Ordinance No. 19- Page 9 of 28 transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book -Entry Only Form. If a Bond is to be issued in book -entry form, DTC shall be appointed as initial Securities Depository and each such Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book -entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Ordinance No. 19- Page 10 of 28 Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless maybe authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of Authentication. This Bond is one of the fully registered City of Federal Way, Washington, Limited Tax General Obligation Bonds, 2019, described in the Bond Ordinance." The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in Ordinance No. 19- Page I I of 28 the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Bond Account. The Bond Account is created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. Bond proceeds in excess of the amounts needed to pay the costs of repaying the City's portion of the SCORE 2009 Bonds and the costs of issuance, if any, shall be deposited into the Bond Account unless they are used for capital projects pursuant to Section 14(2). All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Account as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Account. Until needed for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that fund. Ordinance No. 19- Page 12 of 28 Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption, or prepayment, at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Contract, consistent with the parameters set forth in Section 4. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Contract, consistent with the parameters set forth in Section 4 and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Contract. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be Ordinance No. 19- Page 13 of 28 redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. Ordinance No. 19- Page 14 of 28 (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Account or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Account, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City and such other money as is lawfully available, and pledged by the City for the payment of principal of and interest on the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient, together with other money that is lawfully available, to pay principal of and interest on the Bonds as the same become due. The full faith, credit and Ordinance No. 19- Page 15 of 28 resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on any Bonds issued as federally tax-exempt from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of those Bonds or other funds of the City treated as proceeds of those Bonds that will cause interest on those Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to a Series of the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post -Issuance Compliance. The Finance Director is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenant's in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. (c) Designation of Bonds as "Qualified Tax -Exempt Obligations." A Series of the Bonds may be designated as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series does not constitute "private activity bonds" within the meaning of Section 141 of the Code; Ordinance No. 19- Page 16 of 28 (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Series is issued will not exceed $10,000,000; and (3) the amount of tax-exempt obligations, including the Series, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series is issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the "defeased Bonds"); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or Ordinance No. 19- Page 17 of 28 account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Use of Bond Proceeds; Repayment of City's Portion of SCORE 2009 Bonds. (a) Appointment of Refunding Trustee; Selection of SCORE 2009 Bonds. If necessary, the Designated Representative is authorized and directed to appoint a financial institution to serve as Refunding Trustee and to perform the duties of Refunding Trustee under this ordinance or deposit the Bond proceeds with the Refunding Trustee selected by the Authority, and to select the SCORE 2009 Bonds to be repaid by the Bonds. The Designated Representative may choose to repay fewer than all of the City's portion of the SCORE 2009 Bonds. The City's portion of the SCORE 2009 Bonds, as selected by the Designated Representative, shall be identified in a repayment plan set forth in the certificate of the Designated Representative. (b) Use of Bond Proceeds; Acquisition of Acquired Obligations. On the Issue Date, all or a portion of the proceeds of the sale of the Bonds may be deposited with a refunding trustee (the "Refunding Trustee") and used to discharge the obligations of the City relating to the City's portion of the SCORE 2009 Bonds by carrying out the refunding plan in accordance with the certificate of the Designated Representative. To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, if authorized by the Designated Representative, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for Ordinance No. 19- Page 18 of 28 the payment of the amount required to be paid by the refunding plan. The Acquired Obligations, if any, shall be listed and more particularly described in a schedule attached to a refunding trust agreement, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to carry out the refunding plan shall be returned to the City for deposit in the Bond Account to pay interest on the Bonds on the next upcoming first interest payment date, unless, after consulting with the City's bond counsel, they are used for capital projects. (c) Substitution of Acquired Obligations. The City reserves the right at any time to substitute cash or other direct, noncallable obligations of the United States of America ("Substitute Obligations") for any of the Acquired Obligations if the City obtains (1) an opinion of Bond Counsel to the effect that the interest on a Series of the Bonds issued as federally tax-exempt and the repayment of the City's portion of the 2009A Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148 and 149(d) of the Code, and (b) a verification by a nationally recognized independent certified public accounting firm that such substitution will not impair the timely payment of the amounts required to be paid by the refunding plan. Any surplus money resulting from the sale, transfer, other disposition or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. (d) Refunding Trust Agreement; Administration of Refunding Plan. The Designated Representative is authorized and directed to execute a refunding trust agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the carrying out the refunding plan, if necessary. The refunding trust agreement shall, among other things, authorize Ordinance No. 19- Page 19 of 28 and direct the Refunding Trustee to purchase the Acquired Obligations (or Substitute Obligations) and to make the payments required to be made by the refunding plan. All Acquired Obligations (or Substitute Obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the SCORE 2009 Bond Resolution, this ordinance, chapter 39.53 RCW and other applicable State law. All administrative costs (including without limitation all necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding plan) and costs of issuance of the Bonds may be paid out of the amounts deposited with the Refunding Trustee or other available money of the City, in accordance with the refunding trust agreement. (e) Call for Redemption of the City's Portion of the SCORE 2009 Bonds. The Designated Representative is authorized to request the Authority to call the City's portion of the SCORE 2009 Bonds for redemption on the date fixed for repayment (the "Repayment Date") in accordance with the SCORE 2009 Bond Resolution and this ordinance. Section 15. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale or private placement, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. Ordinance No. 19- Page 20 of 28 (b) Procedure for Negotiated Sale or Private Placement. If the Designated Representative determines that a Series of the Bonds is to be sold by negotiated sale or private placement, the Designated Representative shall select one or more Purchasers with which to negotiate such sale. The Bond Purchase Contract for each Series of the Bonds shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 16. Official Statement. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to her or him, approve the preliminary Official Statement prepared in connection with each sale of a Series of the Bonds to the public or through a Purchaser as a placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series of the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), with Ordinance No. 19- Page 21 of 28 such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser if required under Rule 15c2-12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of a Series of the Bonds. Section 17. Undertaking to Provide Continuing Disclosure. If necessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking") for the benefit of holders of the Bonds: (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (1) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) ("annual financial information"); (2) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on debt service reserves reflecting financial difficulties; (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material Ordinance No. 19- Page 22 of 28 notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) modifications to rights of holders of the Bonds, if material; (H) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (I) defeasances; (J) release, substitution, or sale of property securing repayment of the Bonds, if material; (K) rating changes; (L) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2-12; (M) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (0) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12. (3) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). Ordinance No. 19- Page 23 of 28 (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (1) Shall consist of (A) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (B) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (C) assessed valuation for that fiscal year; and (D) regular property tax levy rate and regular property tax levy rate limit for the fiscal year; (2) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2018; and (3) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of Ordinance No. 19- Page 24 of 28 the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute an event of default. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (1) Preparing and filing the annual financial information undertaken to be provided; Ordinance No. 19- Page 25 of 28 (2) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (3) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (4) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (5) Effecting any necessary amendment of this undertaking. Section 18. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 19. Agreement with the Authority. The Designated Representative is authorized to enter into an agreement with the Authority that includes (a) covenants of the Authority regarding the use of the facility refinanced by the Bonds and other representations of the Authority relevant to the Ordinance No. 19- Page 26 of 28 tax-exempt status of any of the Bonds, (b) the use of Bonds proceeds and redeeming the SCORE 2009 Bonds, and (c) such other provisions as the Designated Representative determines are advisable and consistent with this ordinance. Section 20. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 21. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 22. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 23. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [Signatures to Follow] Ordinance No. 19- Page 27 of 28 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 28 of 28 COUNCIL MEETING DATE: April Jul, V 11 ITEM #: 7b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2019/2020 AMENDED BUDGET POLICY QUESTION: Should the City Council approve the 2019/2020 Biennial Budget amendment to the adopted budget? COMMITTEE: FEDRAC MEETING DATE: 03/26/2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 2019/2020 Biennial Budget Amendment Ordinance, Exhibit A and Exhibit B Summary/Background: The City Council held sessions on September 26, September 27, October 2, October 23, and October 30, and public hearing on November 6`h, and November 20, 2018 and considered the public comments presented. The first reading was held on November 20 and the second reading was held on December 4, 2018. Options Considered: 1. Approve the amendment to 2019/2020 Biennial Budget. 2. Deny approval of the 2019/2020 Biennial Budget Amendment and provide direction to staff. MAYOR RECOMMENDATION: Option 1. MAYOR APPROVAL: CHIEF OF STAFF: Committee Council DIRECTOR APPROVAL: COMMITT RECOMMENDATION: I move to forward the proposed ordinance first reading to the April 2, 2019 Counci e i Committee Chair PROPOSED COUNCIL MOTION(S): Committee Member 1ST READING OF ORDINANCE (APRIL 2, 2019): I move to forward the proposed ordinance to a second reading and enactment on the April 16, 2019 Council meeting. 2ND READING OF ORDINANCE (APRIL 16,2019): "I move approval of the proposed ordinance." (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 — 01/2015 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 3/21/19 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ade Ariwoola, Finance Director.T�> SUBJECT: 2019/2020 Budget Amendment Background Information: The City Council held sessions on September 26, September 27, October 2, October 23, and October 30, 2018 and public hearing on November 6, and November 20, 2018 and considered the public comments presented. The first reading was held on November 20 and the second reading and adoption of the budget was held on December 4, 2018. This ordinance is to amend the budget adopted on December 4, 2018 to reflect the December 2018 ending fund balance and to fund projects and items that Mayor and Council wish to fund with the ending fund balance and roll over appropriation for projects that were not completed in 2018 for continual work in 2019. This change will increase/decrease the beginning fund balance, revenues, and expenditures. Council has one other item to be funded later this year or during the budget amendment for 2020. Financial Impacts: Major Funding in General Fund includes: Appraisal for Target property $120,000 Salary and workload study (non -rep) 100,000 Partially fund snow activities of early 2019 339,641 Funding for IT Staff 79,231 Funding for Finance staff 77,171 Transportation Vehicle for Prisoners 87,000 Refunding Police OT 51,000 Total 854 043 Rev. 7/18 Major Funding in Non -General funds includes: Payment on the PAEC Interfund loan Saghalie turf replacement West Hylebos Brooklake Connector Pipeline rehabilitation project Comp plan and CIP Update Window replacement @ Dumas Bay Renovation of office area for suite accommodation Replacement cars for police Elevator repair -City hall HVAC — City hall Court & Main door repair —City hall Total $549,897 600,000 125,000 79,000 73,000 60,000 60,000 280,000 85,000 50,000 55,000 SZ&L6 897 (REET) (Parks Reserve) (SWM) (SWM) (SWM) (Dumas Bay) (Dumas Bay) (Fleet) (Building Reserve) (Building Reserve) (Building Reserve) Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2019-2020 Biennial Budget. (Amending Ordinance No. 18-860) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2019-2020 fiscal biennium have been prepared and filed on September 4, 2018 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public meetings on September 26, September 27, October 2, October 23, and October 30, and public hearing on November 6, and November 20, 2018, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on December 4, 2018(Ordinance #18-860, and attached Exhibit A). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2019-20 Biennial Budget Amendment. That the budget for the 2019-2020 biennium is hereby amended in the amounts and for the purposes as shown on the attached Exhibit B (2019-2020 Amended Budget). Ordinance No. 19- Page 1 of 5 Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this _day of April, 2019. [Signatures to Follow] Ordinance No. 19- Page 2 of 5 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 19- Page 3 of 5 LXH1B IT A vm onron a,�.nod n�„bP� Ordinance No. 19- Page 4 of 5 2019 2020 Beginning Fund Beginning Ending Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund S 9,846,023 $ 51,422,493 $ 52,124,459 S 9,144,057 S 52,410,625 S 52,554,454 S 9,000,228 Special Revenue Funds: Street 500,000 4,282,737 4,282,061 500,676 4,313,618 4,313,700 500,594 Arterial Street 100,001 1,548,000 1,515,064 132,937 1,548,000 1,515,065 165,872 Utility Tax 1,500,000 9,642,000 9,642,000 1,500,000 9,687,000 9,687,000 1,500,000 SolidWaste/Recycling 99,880 452,100 491,549 60,431 452,100 494,800 17,731 Special Contract/Studies 140,929 - 13,200 127,729 - 7,000 120,729 Hotel/Motel Lodging Tax 1,048,246 306,000 294,700 1,059,546 306,000 224,700 1,140,846 2% for Arts - - - - - Community Center 1,563,087 2,327,875 2,312,036 1,578,926 2,252,875 2,331,150 1,500,651 Traffic Safety Fund 1,857,566 3,815,500 4,098,065 1,575,001 3,815,500 4,189,726 1,200,775 Real Estate Excise Tax 3,079,723 3,580,000 3,739,473 2,920,250 3,660,000 4,254,567 2,325,683 Utility Tax Proposition 1,000,000 3,446,375 3,446,375 1,000,000 3,475,246 3,475,246 1,000,000 Performing Arts and Event Center - 1,871,986 1,871,986 - 1,874,324 1,874,324 - Community Development Block Grant 39,874 668,900 692,411 16,363 668,900 685,263 - Paths and Trails 930,546 169,000 - 1,099,546 169,000 - 1,268,546 Technology Fund - 20,000 20,000 20,000 40,000 Strategic Reserve 868,979 2,000 870,979 2,000 872,979 Parks Reserve 1,253,635 5,000 1,258,635 5,000 - 1,263,635 Debt Service Fund 2,901,022 1,777,863 2,152,510 2,526,375 1,358,567 2,344,957 1,539,985 Capital Project Funds: Downtown Redevelopment 1,401,814 1,000,000 - 2,401,814 1,000,000 - 3,401,814 Municipal Facilities 279,730 1,000 - 280,730 1,000 - 281,730 Parks 1,125,480 300,000 1,425,480 - 300,000 300,000 - Surface Water Management 1,767,612 3,200,000 4,449,000 5 18,6 12 1,000,000 1,400,000 118,612 Transportation 7,963,807 6,677,000 13,248,000 1,392,807 4,766,000 4,666,000 1,492,807 Capital Project Reserve 355,610 - - 355,610 - - 355,610 Performing Arts and Event Center - - - - - - - Enterprise Fund: Surface Water Management 2,154,899 4,189,868 5,263,841 1,080,926 4,189,867 4,224,061 1,046,732 Dumas Bay Centre 1,500,000 788,251 685,472 1,602,779 788,251 685,473 1,705,557 Internal Service Funds: Risk Management 1,200,000 1,166,040 1,453,932 912,108 1,166,040 1,453,932 624,216 Information Technology 2,230,619 3,492,207 2,231,447 3,491,379 2,265,053 2,153,131 3,603,301 Mail & Duplication 135,947 176,915 149,874 162,988 135,947 148,152 150,783 Fleet & Equipment 8,109,549 2,300,644 1,566,924 8,843,269 2,300,644 1,725,993 9,417,920 Buildings & Furnishings 2,492,328 490,355 478,219 2,504,464 490,355 483,088 2,511,731 Health Insurance 1,481,813 4,966,800 5,256,726 1,191,887 4,966,800 5,256,726 901,961 Unemployment Insurance 312,328 3,000 50,000 265,328 5,000 20,000 250,328 Grand Total All Funds S 59,241,047 S 114,089,909 $ 122,934,804 S 50,396,152 S 109,393,712 S 110,468,508 S 49,321,357 Ordinance No. 19- Page 4 of 5 ExtuBrr B 2019/2020 Amrn,k i R-WM Ordinance No. 19- Page 5 of 5 2019 2020 Beginning Fund Beginning Ending Fund Fund Balance Revenue Expenditure Fund Balance Revenue Expenditure Balance General Fund $ 11,144,460 $ 51,596,506 $ 53,261,998 $ 9,478,968 $ 52,584,638 $ 53,055,509 $ 9,008,097 Special Revenue Funds: Street 500,769 4,771,577 4,785,506 486,840 4,421,618 4,408,458 500,000 Arterial Street 94,682 1,548,000 1,515,064 127,618 1,548,000 1,515,065 160,553 Utility Tax 1,600,471 9,642,000 9,642,000 1,600,471 9,687,000 9,687,000 1,600,471 Solid Waste/Recycling 154,581 529,910 595,549 88,942 568,474 581,800 75,616 Special Contract/ Studies 686,209 - 263,200 423,009 - 7,000 416,009 Hotel/Motel Lodging Tax 1,177,880 306,000 294,700 1,189,180 306,000 224,700 1,270,480 2% for Arts - - - - - - - Community Center 1,566,460 2,355,351 2,331,536 1,590,275 2,252,875 2,343,150 1,500,000 Traffic Safety Fund 1,909,111 3,815,500 4,146,536 1,578,075 3,815,500 4,189,726 1,203,849 Real Estate Excise Tar 3,303,937 3,580,000 4,289,370 2,594,567 3,660,000 4,254,567 2,000,000 Utility Tax Proposition 1,002,101 3,446,375 3,446,375 1,002,101 3,475,246 3,475,246 1,002,101 Performing Arts and Event Center (447,382) 1,871,986 1,871,986 (447,382) 1,874,324 1,874,324 (447,382) Community Development Block Grant 37,544 668,900 692,411 14,033 668,900 682,933 - Paths and Trails 962,997 169,000 - 1,131,997 169,000 - 1,300,997 Technology Fund - 20,000 15,986 4,014 20,000 24,014 Strategic Reserve 2,656,969 46,570 - 2,703,539 2,000 2,705,539 Parks Reserve 1,265,796 5,000 625,000 645,796 5,000 650,796 Debt Service Fund 2,956,848 1,777,863 2,152,510 2,582,201 1,358,567 2,344,957 1,595,811 Capital Project Funds: Downtown Redevelopment 1,431,611 1,000,000 - 2,431,611 1,000,000 - 3,431,611 Municipal Facilities 282,779 1,000 - 283,779 1,000 - 284,779 Parks 1,637,206 300,000 1,425,480 511,726 300,000 300,000 511,726 Surface Water Management 2,886,075 2,700,000 4,817,017 769,058 1,000,000 1,400,000 369,058 Transportation 8,910,374 6,677,000 14,731,838 855,536 4,766,000 4,666,000 955,536 Capital Project Reserve 360,520 - - 360,520 - - 360,520 Performing Arts and Event Center (7,351,556) 549,897 549,897 (6,801,659) - - (6,801,659) Enterprise Fund: Surface Water Management 2,373,543 4,197,454 5,360,628 1,210,369 4,189,867 4,289,061 1,111,175 Dumas Bay Centre 1,585,695 788,251 805,472 1,568,474 788,251 685,473 1,671,252 Internal Service Funds: Risk Management 1,595,478 1,166,040 1,453,932 1,3 07,5 86 1,166,040 1,453,932 1,019,694 Information Technology 3,753,608 2,361,350 2,359,164 3,755,794 2,365,608 2,253,686 3,867,716 Mail & Duplication 199,068 135,947 149,874 185,141 135,947 148,152 172,936 Fleet & Equipment 7,628,193 2,300,644 1,846,924 8,081,913 2,300,644 1,725,993 8,656,564 Buildings & Furnishings 3,019,790 490,355 668,219 2,841,926 490,355 483,088 2,849,193 Health Insurance 2,940,231 4,966,800 5,256,726 2,650,305 4,966,800 5,256,726 2,360,379 Unemployment Insurance 279,116 3,000 50,000 232,116 5,000 20,000 217,116 Grand Total All Funds S 62,105,164 $113,788,276 S 129,404,898 S 47,038,439 S 109,892,654 S 111,326,545 S 45,604,547 Ordinance No. 19- Page 5 of 5