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PRHSPSC PKT 12-10-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee December 10, 2019 City Hall 5.00 p.m. City Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council or Info Date A. Approval of November 12, 2019 Minutes 3 Action N/A B. Monthly Report on PAEC Operations Gressett N/A Update N/A C. Arts Commission 2020 Work Plan Geddes 5 Action Consent 1/7/20 D. Arts Commission 2020 Contract For Services Geddes 9 Action Consent 1/7/20 E. PSERN Radio End -User Service Level Agreement Hwang 11 Action Consent 1/7/20 F. Agreement Between the WTSC and the Federal Way Hwang 39 Action Consent Police Department to Provide Grant Funding for Traffic 1/7/20 Enforcement 5. OTHER Topic Title/ Description Presenter Information Time 6. ADJOURNMENT NEXT REGULAR MEETING: January 1.4, 2020 The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalwziv.com. Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2019\12-10-2019 Agenda.doc 1 city staff John Hutton, Parks Director Mary 19enicke, Administrative Assistant 11 This Page Left Blank Intentionally City of Federal Way City Council PARKS, RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday November 12, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee members Koppang and Moore Council Members in Attendance: Deputy Mayor Honda Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Chief Andy Hwang, John Hutton, Parks Director, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant Il. Guests: Brian Hoffman, Spectra General Manager Chair Johnson called the meeting to order at 5:00pm Commission Comment: None Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the October 8, 2019 minutes as written. Committee member Moore seconded. Motion passed. Monthly Report on PAEC Operations — Information Only Staff Gressett provided the background information. The PAEC was rented / utilized a total of 15 days for the month of October. The total number of usage days in October 2019 is down from October 2018, however the overall rental revenue and food and beverage revenue has increased. The General Manager attended several meetings in October to speak with local community members about the PAEC. Deputy Mayor Honda inquired about the naming rights. Mr. Hoffman answered that they are continuing to move forward with the discussions and they recently hired an Assistant General Manager to help with those efforts. Staff Gressett added that Spectra have also continued working on other additional sponsorships that the PAEC didn't have in the past. Council member Koppang requested that future reports on the PAEC include more information on marketing, sponsorships and the efforts that are being expended. Public Safety Testing (PST) Third Amendment Chief Hwang reported that the Police Department contracted with PST to provide Lieutenant Assessment Center testing. This third amendment is requesting an additional $2,560.00 to cover the administrative costs of the 2019 Lieutenant Assessment Center testing process. The funding will come from the existing Federal Way Police Department budget. Committee member Moore moved to forward contract Amendment #3 of the existing Subscriber Agreement with Public Safety Testing for the Recruitment and Testing of police candidates to the November 19, 2019 Council consent agenda for approval. Committee member Koppang seconded. Motion passed. Theft/Burglary Report Chief Hwang provided a report on the number of Burglary, Larceny/Thefts committed and the number of arrests thru the third quarter of 2019. There have been 425 burglaries and 27 arrests and 2,436 Larceny/Theft crimes with 371 arrests. Larceny/Theft includes crimes such has purse snatching, shoplifting, theft from buildings, motor vehicles and motor vehicle parts. Chief Hwang stated that they K:\PRHSPS Committee\2019\11-12-2019 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 12, 2019 Summary Page 2 are projecting that the overall crime for 2019 will be down about 9% -10% from the previous year. Discussion continued on the Chiefs presentation including convenience store robberies, shoplifting and creating positive partnerships with local businesses. Information was also given on the number of arrests that have been made in regards to aggressive panhandling or pedestrian interference. Chief Hwang stated that there is not a lot of enforcement that the police can do to prevent panhandling, aggressive begging and pedestrian interference. This is because of the US Supreme Court ruling that panhandling or asking someone for money is freedom of speech. The courts have ruled numerous times that it is a protected activity. If people cross the line and continually ask a person for money or it becomes a safety issue then the Police will get involved. If a person is begging, 99% of the time the person will comply with the officer's request to move on. There are very few instances that require an arrest or citing someone under the city's ordinance. They have not arrested anyone in 2019 for aggressive begging or pedestrian interference. Pedestrian Interference Ordinance Deputy Mayor Honda asked for the definition of aggressiveness. Chief Hwang answered that if a person is asked once for money and they say no and the panhandler continues to follow them and ask for money then that is aggressive. Staff Rhoades provided the legal definition of aggressive begging according to the City's Code; it's begging combined with intimidation. Intimidation includes behaviors of persisting to beg after being refused and following or approaching the person that has already refused. Staff Rhoades provided a brief history on the ordinance. Staff Rhoades added that the ordinance is going to be revised again because the Washington Supreme Court held that a very similar ordinance in Lakewood violated the first amendment. Regulating the behavior of people asking for money will most likely be found unconstitutional. The plan is to revise the code to eliminate any references to begging and to focus on the behavior on intimidation and the obstruction of traffic. NEXT REGULAR MEETING December 10, 2019 ADJOURNMENT Meeting adjourned at 6:03p.m. COUNCIL MEETING DATE: January 7, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Arts Commission 2020 Work Plan POLICY QUESTION: Should the City Council approve the Arts Commission 2020 Work Plan? COMMITTEE: PRHSPS MEETING DATE: 12/10/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cod Geddes Recreation Manager DEPT: Parks .........................................................................................._........................Y ..... .................. . _ ._..._._....................._.......___...................................._........._....__......__.....__._._...................._..............._..........................__.... Attachments: Proposed 2020 Arts Commission Work Plan Options Considered: 1. Approve the Arts Commission 2020 Work Plan. 2. Do not approve the 2020 Arts Commission Work Plan and provide direction to staff. MAYOR'S RECOMMEPHMA FION: Option 1 MAYOR APPROV g DIRECTOR APPROVAL: / Initial ate COMMITTEE RECOMMENDATION: I move to approve the Arts Commission 2020 Work Plan and forward to the January 7, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2020 Arts Commission Work Plan " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 5 m �Po v n 0 0 0 Q 3 0_ F 3 3 0� 3 3 D — 3O CD o CD 0 CD n 3 "U -1� � fD 3 0. CD co m a -n c � > w CD N 0)cn w m o r) CD � s� CD a o D U) U) 3 O - Cl) cn �- n� W C7 v D in CD N � �� 3 CD C< 0) o 0 CD 71 3 -n n r. 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O �O tQ '��' CD 0 Ci O f=n = p CD N N C. = pj cn C7 N j' S S O N S = cn p� N '5 C) 7 CD (D 3 o Q- N CL NO N _ 00 'O 0) CII < � CD N CD N o (D 0 C CD O.'0 CA Cc Cn � �' 7L y0 N — n CL O 00 (D .•. �' cn n fn O W. = .+ CS CD �. M CD = CD N n• N Cn O 01 p 3 CD 0° O CA CD Q p (D O cn = 7 _ O ^n' O CD N CD 5• C N x- N p fp N n < CD n p C S. • U0 v 0a 7 O Ci CD Cn co p SOp'O;Cm O ;Z. =1C N ° CL ° � a��o : m aCD v <v O C�O CD On 0 j� :3360 cn W p c a-0 i c sll c °' _ 3 CD 0 _ (,'-O ° v o �'cn v = Q 3. < DD p cn c� v o < o o 2 C7 — 'ter. o > ? •< CD ? 0 = o sv D � n = 0 p � CD C7 � N < 0 3 j `� � j 7 O 2 < CD o� v � O cn O O _ CD (p o 3 ID 0 to 0 �' CD 3 `'� CD D Q c co co to 0' cD c cn < 7 This Page Left Blank Intentionally SUBJECT: ARTS COMMISSION 2020 CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the 2020 Arts Commission Contracts for Services funding recommendations? COMMITTEE: PRHSPS MEETING DATE: 12/10/2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREP ........ ................... _ ...... ..................... _... ............... ... .............................. _.... _.__.........................__._........ _..... ---.._. Attachments: 2020 Contract for Services Recommendation Options Considered: 1. Approve the Arts Commission 2020 Contract for Services funding recommendations and forward to the January 7, 2020 full City Council consent agenda for approval 2. Do not approve the Arts Commission 2020 Contract for Services, and provide direction to staff MAYOR'S RECOMMENpAATfON: Option 1 MAYOR APPROVAL: fr DIRECTOR APPROVAL: ( 64 Council Initial/Da Initial/Date COMMITTEE RECOMMENDATION: I move to approve the 2020 Arts Commission Contract for Services funding recommendations and forward to the January 7, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move approval of the Arts Commission 2020 Contract for Services funding recommendations. 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N cn W W" W -+ N -� rn A CD CD Cn o W o 0 PP o ul O CA o N C77 (A D CD A O O O o 0 o O� o Co 00 0 o O o 0 0 0 0 0 0 00 00 0 0 0 0 0 0 OO Ogo NO. O O O O T = O 7 ? N U7 W W S W — —— m A— W � W 0 0 0CD 0vC CA alCD O NN � CTS D 0 0 0 CD � j 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Ln O � O fl) CTC 0 o O 3 O N W N N" W O A — (]D O" O" O V O" cP" O" N' C4 O 0 O 0 O v 0 0 0 0 0 0 0 0 !In 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl7 O 0) O O "* A O O 0 3 O o K D _ w O rn rn cn y y N (n ( m 3-n o m co o'3 CD o (D `D ' .t � ° o x N `� m m m o m d o o 3 m d cJi m U- 3 c 'T7 J ° ° m° J m J n 0 i 3 n m m T. J c m 3 m - m `< O. m c 3 N CD m c � � 0 mm .° CD 3 cl CD J 3 D mNo m ° o a o 0 o w y N 2 ° v o N ° J J (D N N N y m (D .J. < J N 0 CD d T 3 m J < o ^ d CD ° J m " = w 3 (� Do n O 4 a O (D -° cn J n .0 (O c m O N uJ 3 J N (D cn O _ pS n 3 1 SUBJECT: PSERN RADIO END-USER SERVICE LEVEL AGREEMENT POLICY QUESTION: Should the police department sign the PSERN end-user service level agreement? COMMITTEE: PRHS&PSC MEETING DATE: Dec 10, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:Commander Case Jones DEPT: PD ............... Attachments: Staff Report RADIO END-USER SERVICE LEVEL AGREEMENT Options Considered: 1. Accept the recommendation to enter into the PSERN service level agreement. 2. Reject the recommendation to enter into the PSERN service level agreement. MAYOR'S RECOMMENDATION: Option #1— Accept the recommendation to enter into the PSERN service level agreement. t-� DIRECTOR APPROVAL:�ffiffii.11�Da:e MAYOR APPROVAL: /I ommi e Cc InitiallDate Initi COMMITTEE RECOMMENDATION: I move to forward the proposed PSERN radio end-user service level agreement to the January 7, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the PSERN radio end-user service level agreement 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 # R E V I S E D— 12/2017 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: December 10, 2019 TO: PRHS&PSC committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: PSERN radio end-user service level agreement Financial Impacts: There is no financial impact to the City for this PSERN service level agreement. Background Information: PSERN is the Puget Sound Emergency Radio Network, a voter -approved effort to replace our region's aging emergency radio system with a modern, reliable network that provides greater coverage throughout King County. When completed, the new system will be used by first responders — including police, fire and emergency medical personnel — in all 39 King County cities and throughout unincorporated King County. PSERN is jointly owned by the City of Seattle, King County, Eastside Public Safety Communications Agency, and Valley Communications Center. An interlocal agreement outlines PSERN's governance and operations. The Federal Way Police Department is an owner agency of Valley Communications Center. We have radios that will access this new 800 MHz emergency radio communications network. In order for us to receive new PSERN radios or use radios on the PSERN system, our agency's leadership must sign a Radio End User Service Level Agreement (SLA) with King County's PSERN Project. The purpose of the end user SLA is to establish the commitments, responsibilities, and requirements for end users so that they may gain access to the new PSERN system. The SLA also addresses certain aspects of implementation, maintenance of radios, requirements and responsibilities for the PSERN Operator, and the relationship between end user agencies and the PSERN Operator. It has been reviewed by multiple end user agencies and approved by the PSERN Project's governing body, the Joint Board. This SLA is final and will not be amended due to the large number of agencies that must sign the same agreement. The SLA has been reviewed by our city's LAW department. 12 Rev. 7/18 RADIO END USER SERVICE LEVEL AGREEMENT This agreement between agency radio users and King County is intended to ensure that expectations and requirements for equipment management and participation in the radio network are clear, and that agency radio users meet necessary maintenance and network participation standards that will support the successful functioning of the Puget Sound Emergency Radio network, avoiding unnecessary costs and disruptions for the many network participants. This agreement is in accordance with the Puget Sound Emergency Radio Network Implementation Period Interlocal Agreement of 2015. City of Federal Way Police Department ("End User Agency") and King County ("County") (individually, a "Party" and collectively, the "Parties") enter this Radio End User Service Level Agreement ("Agreement") on this day of 20 . In consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. DEFINITIONS 1.1 Words and terms shall be given their ordinary and usual meanings except as provided in this section or in parentheticals following the definition of a particular term. 1.1.1 Accessory means all materials, special tools and any other items necessary to secure, install, operate and maintain Subscriber Equipment including: device cradles; mounting and installation hardware; power, Ethernet and any other wiring or cables and connectors; strain -relief materials; wire ties; cable labels; pre -assembled wiring harnesses of prescribed length for each vehicle type; fuses and circuit breakers; seals; adhesives; screws, bolts, washers, nuts and grommets; special tools; power supply and power conditioning devices; antennas; microphones; speakers; chargers; and holsters that are purchased by the PSERN Project for the End User Agency. [this is opposed to an accessory (lower case) that is something not provided by PSERN and which is an optional addition purchased at the expense of the End User Agency] 1.1.2 Advanced System Key means hardware attached to a computer to enable critical parameters to be programmed in subscriber equipment. 1.1.3 Confidential Information means any information in written, graphic, verbal, or machine - recognizable form that is: (a) related to the PSERN System; (b) provided to the End User Agency by the Contractor, the Service Provider, or the Service Provider's contractor; and (c) marked or identified as "confidential," "proprietary," "trade secret" or similar designation. 1.1.4 Contract (or Vendor Contract) means the County's contract with Motorola Solutions, Inc., King County Contract Number 5729347. 1.1.5 Control Station means all Equipment and Software provided under the Contract that is required to meet the Contract requirements for control stations. 1.1.6 Contractor means Motorola Solutions, Inc. the company hired by King County to provide services for the construction, operation, maintenance or other support of PSERN. 13 1.1.7 Emergency means an unforeseen circumstance that causes or may reasonably be expected to cause a decrease or loss in network clarity, capacity, coverage, reliability, security, features, or functions. 1.1.8 End User Agency in the singular means the entity that is a party to this Agreement with the County. In the plural, End User Agencies means all entities that are parties to agreements with the County with terms substantially similar to terms in this Agreement. 1.1.9 Equipment means all components of the radio system infrastructure including the land mobile radio equipment and software, DC power equipment and software, site video and alarming equipment and software, backhaul equipment and software, and console system equipment and software owned by the County or PSERN Operator and used by the End User Agency pursuant to this Agreement. The term does not include Subscriber Radios. [NOTE: When the lower case word, "equipment," is used in this Agreement, that use is not intended to be the defined use of the term "Equipment."] 1.1.10 Field Servicer (Servicer) means a PSERN Operator employee, contractor, or subcontractor whose job duties include traveling to sites to repair site electronics that cannot be repaired remotely. 1.1.11 Full System Acceptance (FSA) means the determination issued to the Contractor upon satisfactorily completing the final system acceptance phase milestone. 1.1.12 Government Approvals means all necessary federal, state and local licenses, permits, and approvals for the improvements needed for the construction, Equipment installation, and operation of PSERN. 1.1.13 Implementation Period means the period of time defined as such in the Implementation Period ILA. 1.1.14 Implementation Period ILA means the Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement. 1.1.15 Joint Board means the PSERN Project governing board formed under the Implementation Period ILA. 1.1.16 KCERCS means the County -wide Emergency land mobile radio system established under the King County Emergency Radio Communication System Interlocal Agreement. 1.1.17 Master Advanced System Key means a device used to create and configure an Advanced System Key. 1.1.18 Mobile Radio means all Equipment and Software provided under the Contract that is required to meet the Contract requirements for the mobile radios. 2 14 1.1.19 Monitoring means real-time fault checking on a continuous basis using tools for remote checking and event characterization. 1.1.20 Monthly Fee (or Fee) means the monthly charge paid by the End User Agency to the Service Provider after FSA for the Service Provider's operation and maintenance of PSERN and for the End User Agency's use of PSERN. 1.1.21 Mutual Aid Radios means an end user radio from a foreign system ID which may include a Mobile, Portable or Control Station radio which has been authorized and programmed to operate on the PSERN System in only a mutual aid capacity. 1.1.22 Operations Period means the period of time as defined as such in the Operations Period ILA. 1.1.23 Operations Period ILA means the Puget Sound Emergency Radio Network Operations Period Interlocal Cooperation Agreement as executed and amended. 1.1.24 Part 90 means Part 90 of Title 47 of the Code of Federal Regulations (CFR). 1.1.25 Portable Radio means all Equipment and Software provided under the Contract that is required to meet the Contract specifications for the portable radios. 1.1.26 Premises means the areas near and in the End User Agency's location: the area used for staging and construction; the area Equipment will be installed and occupy inside the End User Agency's location; the area between the right-of-way and Equipment the Service Provider will use for access to the Equipment; and the area between the right-of-way and Equipment to be used for the installation and maintenance of utilities, if any. 1.1.27 PSERN Board means initially the Joint Board formed under the Implementation Period ILA, and later the board of directors for the PSERN Operator when it is formed and assumes the ownership, operations, and governance of PSERN. 1.1.28 PSERN Project means all authorized activities relating to the planning, analysis, design, development, acquisition, site development, installation, testing, training, and operation of the PSERN until FSA, starting -up a new Service Provider, transferring the PSERN to same, and any decommissioning, contract close-out and other project completion activities. 1.1.29 PSERN Operator means the agency that will be established by the parties to the Implementation Period ILA under chapter 39.34 RCW to take over PSERN's ownership, operation, and governance after FSA. 1.1.30 Radio Shop means a facility that is authorized by Contractor to perform installation, maintenance, programming and repair work on Subscriber Radios. 15 1.1.31 Rate Stabilization Allocation means those funds in the PSERN Project budget totaling $2,619,406 earmarked to offset rate increases for End User Agencies and to be distributed via a formula determined by the PSERN Board. 1.1.32 Resolution Time means the period measured between the earlier of the time when the Service Provider learns of a problem or receives the repair request and the time the Service Provider deems that it has fixed the problem and notified the End User Agency of the resolution. 1.1.33 Response Time means the period measured between the earlier of the time when the Service Provider learns of a problem or receives a repair request for a problem, and the time the Service Provider has begun actively working on the service request. 1.1.34 Service Provider (or Operator) means the County during the Implementation Period and up until the transfer of ownership, operation, and governance of PSERN to the PSERN Operator. After the transfer, Service Provider means the PSERN Operator who is responsible for the day-to-day operation and maintenance of PSERN. Service Provider also includes the Service Provider's employees, agents, consultants, contractors, subcontractors, permittees, successors and assigns. 1.1.35 Subscriber Radios means paying End User Agency radios whose home system is PSERN and includes Mobile (vehicular), Portable (handheld), Control Station or consolette radios which have been authorized and programmed to operate on the System and are owned by the End User Agencies. 1.1.36 Update means revisions as required for the continued operation and maintenance of the Equipment software including error corrections, bug fixes, work-arounds, patches, anti- virus definitions, intrusion detection sensor signatures, changes in third party software or changes to software and Equipment required to accommodate such third party software changes and any other fixes and changes not constituting an Upgrade. 1.1.37 Upgrade means migrating to a new platform or adding features through changes to equipment and/or software. 1.1.38 User means an employee, agent, or volunteer of an organization authorized to use PSERN. 1.1.39 Warranty Period means the period beginning when the Equipment is made operational by the Contractor and extending for two (2) years after Full System Acceptance, as defined in the Contract. 1.1.40 Template means a master codeplug for a specific set of radios that is used to create an Equipment codeplug with the specific radio information required for the configuration of a Portable, Mobile or Control Station Radio. The Template includes ergonomic settings, PSERN radio system informatirn, and Mutual Aid Radio systems information that is programmed into the radio to allow operations on PSERN, KCERCS or other radio systems. 4 16 2. INITIAL EQUIPMENT REPLACEMENT 2.1 By and through the Contractor, the County will replace the End User Agency's existing radios with Subscriber Radios in the numbers and of the types specified in Exhibit 1. 2.2 Subscriber Radios will be standardized with features, functions and Accessories chosen to make them suitable for use by End User Agencies. The End User Agencies may purchase additional Subscriber Radios, features, and accessories. The method and timing of payment for additional equipment will be established by the Joint Board. 2.3 Subscriber Radios will be issued according to the policies of the Joint Board as listed below, and as amended by the Joint Board: Only For KCERCS Customers: 2.3.1 The PSERN Project will replace governmental agency and hospital agency active radios that were activated, into KCERCS zone controllers as active radios and assigned IDs 120 days prior to the first End User Agency's Subscriber Radio planned deployment and/or installation dates; 2.3.2 Non -hospital private agencies that are on the KCERCS will have their radios replaced on a 1 for 1 basis according to the agency inventory records as of April 25, 2019; 2.3.3 All End User Agency must turn an existing working radio in to the PSERN Project for each Subscriber Radio provided by the Project to the End User Agency; 2.3.4 End User Agency may keep old radios not needed for Subscriber Radio exchange to use on PSERN if they are approved by the Service Provider as meeting minimum PSERN software configurations and manufacturers specifications; and 2.3.5 End User Agency will pay Monthly Fees for each of its Subscriber Radios unless exempted otherwise by the policies of the Service Provider. For all other agencies: 2.3.6 Agencies wanting to be on PSERN but not already on KCERCS may be issued Subscriber Radios pursuant to policies and terms and conditions adopted by the PSERN Board, but only if they commit to remaining as an End User Agency for a minimum of 10 years. 2.4 By and through the Contractor, the County initially will configure, program, install and or deploy the Subscriber Radios using the previous template and perform like for like programming. After the initial templates are created and programmed, the PSERN Operator will be responsible for archiving and centrally storing templates as well as infrastructure configuration changes within the templates. The Radio Shops will be responsible for End User Agency configuration settings only. The Master Advanced System Key shall be maintained by the PSERN Operator. The PSERN Operator shall establish policies to determine which Subscriber Radio maintenance shops will be eligible to receive a system key. 5 17 2.5 The PSERN Operator will maintain a list of radios approved for use on the PSERN system. The End User Agency agrees to use only approved radios on PSERN and to not program or cause radios to be programmed in a way that they would operate in the P 25 Phase 1 mode of operation while operating on PSERN. 2.6 The County will own the Equipment provided by the PSERN Project. After the new PSERN Operator is formed, ownership of this Equipment shall be transferred to the PSERN Operator at no cost to the End User Agency or to the PSERN Operator. 2.7 Ownership of County -purchased Subscriber Radios will be transferred to the End User Agency within the same fiscal year that the Subscriber Radios are put into service provided that the Subscriber Radios are put into service at least ninety (90) days prior to the end of the fiscal year. If the Subscriber Radios are put into service less than ninety (90) days prior to the end of the fiscal year, then ownership will be transferred within ninety (90) days from the date they are put into service. 2.8 The Train -the -Trainer model will be used to train End User Agency staff to use the Subscriber Radios. Each End User Agency shall designate staff to be trained, and supply that (those) name(s) to the Service Provider. The trainers will receive detailed training on use of the Subscriber Radios from the Contractor. 3 TRANSITION PLAN 3.1 The Service Provider and End User Agency will work with the Contractor to develop a mutually agreeable written transition plan. The transition plan will be approved by the PSERN Joint Board. 3.2 The transition plan will include: 3.2.1 A list of equipment that the End User Agency shall receive as part of the PSERN Project; 3.2.2 An installation plan for all vehicles receiving equipment; 3.2.3 A plan describing how End User Agencies will migrate from analog to digital operations; and 3.2.4 A plan describing the training plan for each End User Agency. 4 INSTALLATION AND TESTING 4.1 If the End User Agency has any special requirements pertaining to the disposition of its existing radios it shall notify the Service Provider as soon as practicable, but no less than within five (5) business days of receiving notification of installation and transition. 4.2 The Service Provider shall secure all Government Approvals required for the installation and operation of the Subscriber Radios. 6 18 4.3 All Subscriber Radios will be programmed and tested prior to deployment and/or installation by the Contractor to determine if they are operating in accordance with manufacturer's specifications. 4.4 The Service Provider will coordinate with the End User Agency regarding the installation schedule as far in advance as possible, but no less than at least fifteen (15) business days in advance. OPERATIONS 5.1 In implementing and managing PSERN, the Service Provider shall: 5.1.1 Be responsible for, or during the Warranty Period ensure the Contractor is responsible for, the repair of defective Equipment, and for programming and installing Equipment purchased and installed during the Implementation Period; 5.1.2 Monitor PSERN for proper operations in accordance with the standards specified herein and monitor for any failure symptoms; 5.1.3 Maintain, operate, repair, Update, Upgrade and test PSERN in accordance with the Equipment manufacturer's recommendations for routine maintenance; 5.1.4 Provide the End User Agency with a phone number and email address to report system problems. The phone number shall be reachable and Monitored 24 hour X 7 day X 365 days per year; 5.1.5 Respond to network and Equipment problems in accordance with Response and Resolution Tables contained in Exhibit 2; 5.1.6 Purchase the Contractor's Radio Service Advantage (RSA) product offering which will provide 7 years of support for Subscriber Radios after the conclusion of the two-year warranty period. During the 7 years of RSA support, End User Agencies will be able to receive repairs to Subscriber radios without incurring Contractor's depot level repair costs. However, any Subscriber Radio needing repair or replacement due to the intentional or negligent act of the End User Agency, its agents, employees, or invitees, will be repaired or replaced by the Radio Shop at the Radio End User Agency's cost. Such cost is in addition to the Monthly Fee. Disputes regarding the responsibility for repair or replacement cost will be resolved pursuant to Section 23; 5.1.7 Have factory -trained subject matter experts (Duty Technician(s)) on staff who specialize in the diagnosis, troubleshooting and resolution of network performance and Equipment problems; 5.1.8 Have a Duty Technician to act as liaison between itself and the Contractor; 5.1.9 Resolve Equipment warranty claims with the Contractor; 5.1.10 Manage talkgroup site access profiles; WJ 5.1.11 Give the End User Agency at least thirty (30) days' notice before undertaking scheduled activities that will interrupt or reduce service capacity by twenty-five percent (25%) or more; 5.1.12 Centrally manage the distribution and archiving of regional encryption keys; 5.1.13 Centrally manage the creation of new talkgroups (however, per Section 5.3, End User Agencies will own their own existing talkgroups); 5.1.14 Centrally archive templates for radio programming of End User Agency radios; 5.1.15 Centrally manage the use of integrated voice and data applications such as over -the -air rekeying, over the air programming, outdoor location (GPS information) and radio management; 5.1.16 Ensure public safety agencies have priority of service on the PSERN system; and 5.1.17 Maintain the PSERN system to the following standards as specified in the Contract and as implemented by the Contractor prior to FSA: 5.1.17.1 Delivered Audio Quality 3.4; 5.1.17.2 97% reliability; 5.1.17.3 97% portable on -street coverage in the Primary Bounded Area; 5.1.17.4 95% portable on -street coverage in the Highway Buffer Covered Areas; 5.1.17.5 Grade of Service of 1.0; 5.1.17.6 99.999% availability of backhaul; 5.1.17.7 at least 17db added signal above the baseline PSERN design within the designated in -building coverage areas (downtown Seattle, downtown Bellevue, and north central Renton; and 5.1.17.8 Provide 97% portable on -street coverage in the in -building coverage areas. The Contractor shall provide a System that achieves 97% SAR (service area reliability). 5.2 Following execution of the Operations Period ILA and formation of the PSERN Operator, the PSERN Operator shall: 5.2.1 Develop and adopt a maintenance & operations plan that includes: 5.2.1.1 Talkgroup prioritization levels and site authorizations; 5.2.1.2 Authorized template configuration changes by Radio Shops; 8 20 5.2.1.3 System maintenance standards; 5.2.1.4 Technician/System manager administrative rights; 5.2.1.5 Training requirements for technical staff, 5.2.1.6 Distribution, management, and archiving of regional and End User Agency encryption keys; 5.2.1.7 System key management and distribution; 5.2.1.8 OTAP/OTAR roles and responsibilities; 5.2.1.9 Issue resolution reporting procedures including system status, repairs made, impacted area, etc.; 5.2.1.10 Continuity of operations procedures; 5.2.1.11 Procedures for End User agencies to add radios to their inventory at their own cost; 5.2.1.12 Talkgroup sharing agreement requirements; and 5.2.1.13 Conventional channel sharing agreements. 5.2.2. Adopt policies governing the replacement, removal, and addition of Equipment under its control; 5.2.3. Adopt policies related to the access of PSERN for mutual aid and/or interoperability purposes; 5.2.4. Adopt policies defining the approved Equipment and Subscriber Radios authorized for use in PSERN; 5.2.5. Adopt policies defining mandatory configuration settings that must be set into each authorized Subscriber Radio; 5.2.6. Adopt and implement information assurance controls, policies, procedures and processes; 5.2.7. Adopt policies governing the change management program; 5.2.8. Work in partnership with the End User Agencies to develop and regularly report on performance and operating metrics indicating system performance as well as the PSERN Operator's ability to meet the End User Agencies service requirements; and 5.2.9. Upon request by End User Agencies, provide reports of system usage and equipment inventories. 9 21 5.3 In using the Equipment and PSERN, the End User Agency agrees to: 5.3.1 Be responsible for replacement at its cost of any Subscriber Radios that are stolen, damaged, lost or which are determined by the End User Agency to be beyond their expected life if not covered by the radio repair procedures as described in Section 5.4 ; 5.3.2 Use only radio codeplugs that have been configured by the PSERN Operator; 5.3.3 Create and distribute End User Agency encryption keys; 5.3.4 Own and control their own talkgroups; 5.3.5 Ensure all trunked radios are capable of being configured for P25 Phase II operation; 5.3.6 Prevent unauthorized and untrained personnel from accessing Subscriber Radios; 5.3.7 Promptly report Equipment and network problems to the Service Provider and indicate the impact of the problem on the End User Agency (e.g., if a channel is garbled, features are not working correctly, or if coverage conditions in a known area have changed); 5.3.8 Comply with all applicable information assurance controls, policies, procedures, and processes developed and implemented by the PSERN Operator; 5.3.9 Maintain an accurate system for tracking all Subscriber Radio purchased by the PSERN Project or acquired by the End User Agency and immediately notify the System Provider if the End User Agency knows or suspects that a Subscriber Radio has been lost, stolen, or damaged so that the System Provider can take any necessary actions which may include disabling the Subscriber Radio; 5.3.10 Not permanently transfer, dispose of, or allow an entity or individual outside the User Agency to use Subscriber Radios without the PSERN Board's prior written approval for a period of 7 years after Full System Acceptance (Any radios disposed of under this sub- section shall be deprogrammed by a Radio Shop prior to disposal); 5.3.11 Assist the Service Provider in responding to any correspondence, complaint, information request, or claim it receives that pertains to End User Agency operations; 5.3.12 Use a Radio Shop of its choice to perform all installation, maintenance, programming and repair work on Subscriber radios; 5.3.13 Perform, or have performed, preventative maintenance of its Subscriber Radios in accordance with manufacturer's recommendations and schedules; 5.3.14 Perform, or have performed, periodic Updates of subscriber operating system as determined by the Service Provider; 10 22 5.3.15 Allow Service Provider the right to inspect applicable Equipment which the End User Agency controls access to in order to verify operations of the Equipment are within the manufacturer's specifications and Federal Communications Commission rules; and 5.3.16 Not modify Subscriber Radio hardware or software operating characteristics, such as modifying the transmit power levels of mobile radios or rep►acing the antennas with higher gain antennas on mobile or portable radios without the approval of the PSERN Operator. 5.4 Radio Repair Procedures: 5.4.1 After initial Contractor installation and up to and during the Warranty Period, the End User agency will use a Radio Shop of its choice to perform all installation, maintenance, programming, and repair work on Subscriber Radios and ensure that during the two year warranty period the Radio Shop will: 5.4.1.1 Initiate a service request with Contractor by requesting a Return Merchandise Authorization (RMA); and 5.4.1.2 The Radio shop shall remove failed units from the vehicles and reinstall new units and ship the units to Contractor. 5.4.2 Contractor will: 5.4.2.1 Provide the Radio Shop with an RMA, provide a new Subscriber Radio replacement unit with the latest firmware release, and reimburse the Radio Shop and End User Agency for their costs (including troubleshooting time, owner travel time, removal and installation of the radio, reprogramming, and inventory actions). 5.4.3 Upon completion of the warranty period: 5.4.3.1 The Radio Shop will initiate a service request via Motorola Online (MOL) and reference the Contract Number (#5729347) for repair; 5.4.3.2 Contractor is responsible for inbound and outbound shipping and tracking of each shipment; and 5.4.3.3 End User Agency may have to pay fees for the removal/installation of Mobile Radios or Control Stations per any applicable Radio Shop service agreements and rates. 5.5 The Change management program to be adopted pursuant to Section 5.2 shall be mutually agreed to by the Parties and shall include: 11 23 5.5.1 Request for change (RFC) documentation; 5.5.2 Classification of the RFC quantifying the risk/impact and the category; 5.5.2.1 Risk/Impact may be: low, medium, high; and 5.5.2.2 Category may be: standard or Emergency. 5.5.3 Assessment and Authorization of the RFC; 5.5.4 Communication with dispatch centers of the RFC's implications; 5.5.5 Implementation of the change; 5.5.6 Assessment of the quality of the implementation; and 5.5.7 Closure of the RFC record. 6. RESPONSE AND RESOLUTION TIMES TO INFRASTRUCURE IMPAIRMENTS 6.1 During the Warranty Period when a User reports or the Monitoring equipment detects a problem and reports it to the Service Provider, a trained technologist will acknowledge and attempt to remotely diagnose the problem. Appropriate responses could include continuously Monitoring the event for further development, attempting remote remediation, or dispatching a Field Servicer (Servicer) for onsite remediation. 6.2. The table in Exhibit 2 lists Response Times for three levels of severity and the correlating Resolution Time for each. 6.3. The Service Provider shall repair or replace a defective piece of Equipment at no cost above the Monthly Fee. 6.4. The Service Provider will keep or have access to sufficient spare parts and pieces of Equipment so that defective, broken, or wrongly programmed Equipment can be promptly replaced or repaired. 7. EQUIPMENT UPDATES AND UPGRADES 7.1 Equipment Updates 7.1.1 During the Warranty Period, the Contractor shall provide and install Equipment Updates. Thereafter, the Contractor shall provide Updates that shall be installed by the Service Provider. The cost of Updates shall be included in the Monthly Fee. 7.1.2 Regular Updates shall include: 12 24 7.1.2.1 Contractor's most current software enhancement release Update which includes defect corrections, bug fixes, patches, and service packs. 7.1.2.2 Patch releases, service packs and other non -security -related Updates released by Contractor, its subcontractors if applicable, and other providers of Equipment operating and application software including Microsoft, Red Hat Linux, Sun Solaris, and other third parties. 7.1.2.3 Contractor's regular security -related Updates, referred to by Contractor as "Security Update Service" (SUS) that include operating system patches and service packs, anti-virus engines and definitions, intrusion detection systems and signatures, and firewall setting and other security -related Updates. 7.1.3 Updates to software necessary as a result of a failure will be provided based on the severity level of the failure as follows: 7.1.3.1 For failures that affect PSERN service, traffic/capacity, operations, material functions, maintenance capabilities or system administration, the Service Provider shall commence corrective action immediately and exercise its best efforts to work with the Contractor to develop, test, and install a fix in the shortest time possible. 7.1.3.2 For failures that do not affect PSERN service, traffic/capacity, operations, material functions, maintenance capabilities or system administration, the Service Provider shall work with the Contractor to develop, test, and install the fix as part of an Update to be otherwise provided in this Section. 7.1.4 Prior to installation of an Update, the Service Provider shall confirm that the Update has been successfully tested to ensure the Update is compatible and that it will not degrade, interfere with, or otherwise compromise PSERN's functionality. Updates may be loaded remotely or locally as determined by the Service Provider. 7.1.5 The Service Provider will routinely install Updates, but may defer or decline to install an Update or roll back one or more Updates if the Service Provider in its sole discretion determines that the Update would be detrimental to PSERN's functionality. 7.1.6 The Service Provider will notify End User Agencies in accordance with the change management program as detailed in Section 5.5 in advance of routine Updates and will provide applicable release notes with each Update. In the case of Updates installed under Section 7.1.3, notice will be provided to the Users with as much lead time as practicable. 7.2 Equipment Upgrades 25 13 7.2.1 During the Warranty Period, the Contractor shall provide and install Equipment Upgrades. Thereafter, the Contractor will provide Upgrades that will be installed by the Service Provider. The cost of Upgrades shall be included in the Monthly Fee. 7.2.2 The most recent available Upgrades of the Equipment software and hardware shall be provided at the following points in time: (1) no more than ninety (90) days prior to the start of the FSA testing period; (2) no more than ninety (90) days prior to the end of the Warranty Period; (3) after the Warranty Period, every other year beginning with 2023 subject to availability from the Contractor. The Service Provider may defer or suspend an Upgrade if it determines in its sole discretion that the Upgrade would be detrimental to PSERN's functionality. 7.2.3 Each Upgrade will include the latest versions of Contractor software and the latest versions of third party software certified for the system and shall include all Updates available at the time of the Upgrade if not already installed under Section 7.1. 7.2.4 Prior to installation of an Upgrade, the Service Provider shall confirm that the Upgrade has been successfully tested to ensure the Upgrade is compatible and that it will not degrade, interfere with, or otherwise compromise PSERN's functionality. Upgrades may be loaded remotely or locally as determined by the Service Provider. 7.2.5 If an Upgrade requires additional or different Equipment, the Service Provider (by and through the Contractor during the Warranty Period) shall provide and install the necessary Equipment. The cost of the software and Equipment required for the Upgrade, if any, shall be included in the Monthly Fee. 7.2.6 The Service Provider will notify End User Agencies in accordance with the change management program as detailed in Section 5.5 MONTHLY FEE AND PAYMENT 8.1 The End User Agency agrees to pay the PSERN Operator a Monthly Fee for the End User Agency's use of PSERN and the PSERN Operator's operation and maintenance of the Equipment and network. The Monthly Fee shall be calculated using a formula determined by the PSERN Board. 8.2 The Monthly Fee will be assessed beginning immediately after FSA for each End User Agency radio with an active ID in the radio system core. In the first month, the Monthly Fee shall be assessed on a prorated basis based on the number of days the radio is in service and will apply to Subscriber Radios used in the field, dispatch center back up radios and recording radios. The PSERN Operator shall provide an invoice to the End User Agency. The first payment will be due on the first day of the first full month after FSA, and shall equal the amount due for that month and any pro -rated amount for the first month of service 14 26 8.3 Monthly Fee payments will be due on the first day of each month, except that at the End User Agency's sole option it may make annual advance payments in lieu of monthly installments. Payments made will be applied first to charges that are in arrears and then to the payment due for that coming month. 8.4 The first payments after FSA may be reduced based on the PSERN Board's disbursement of the Rate Stabilization Allocation for those End User Agencies that will see a rate increase as a result of PSERN operations. 8.5 The PSERN Operator shall provide the End User Agency with the address for payment of Fees not less than sixty (60) days prior to the date the first payment is due. All payments shall be accompanied by a reference to this Agreement, or an invoice number. 8.6 If the End User Agency does not pay its Fee or pays only a part of the Fee more than twice in any single calendar year, the PSERN Operator may charge the End User Agency a reasonable late or special handling charge. 8.7 The PSERN Operator's acceptance of any payment or partial payment after the date it is due shall not be deemed a waiver regarding the End User Agency's obligations to make future payments on time. And no partial payment shall act as an accord and satisfaction unless approved by the PSERN Board. 8.8 OTHER FEES: The Service Provider may maintain and publish fees for services in support of End User Agency's operations unrelated to the PSERN Equipment. Such fees may include activation and deactivation fees and time and materials rates for non-PSERN equipment servicing. End User Agencies may use these ad hoc services, if offered, which may consist of: 8.8.1 Time and materials fees in support of UHF systems and equipment, VHF systems and equipment, non-PSERN Microwave equipment and fiber optic networking 8.8.2 Consultation service fees for communication equipment or systems 8.8.3 Consultation service fees for in -building coverage equipment such as bi-directional amplifiers or distributed antenna systems TERM 9.1 This Agreement shall take effect when executed by authorized representatives of the Parties, and shall remain in effect unless one of the following events occurs: 9.1.1 The Parties execute a superseding agreement; 9.1.2 The End User Agency withdraws from the Agreement as provided in Section 16.1; or 9.1.3 The PSERN Board terminates the Agreement as provided in Section 16.2. 15 27 10. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, AGREEMENTS, POLICIES, PROCEDURES, AND PERMITS The Parties acknowledge: 1) that they are required to comply with various laws, regulations, agreements, policies, procedures, and permits, including those contained in 47 CFR §90, those developed by the PSERN Board and the Service Provider, and those contained in the Implementation Period ILA and the Operations Period ILA, if the End User Agency is a party to those agreements; and 2) that the County is subject to the Vendor Contract's terms and conditions in the performance of this Agreement. The Parties agree to comply with the applicable laws, regulations, agreements, policies, procedures, and permits. 11. REPRESENTATIONS AND WARRANTIES 11.1 The End User Agency represents, warrants, and agrees that: 11.1.1 It will work cooperatively, fully, and promptly with the Service Provider; 11.1.2 It has the full right, power, and authority to enter into this Agreement; and 11.1.3 It does not know any reason why its execution and performance of this Agreement would violate any laws, covenants, or the provisions of any mortgage, lease or other binding agreement. 11.2 The Service Provider represents, warrants, and agrees that: 11.2.1 It will work cooperatively, fully, and promptly with the End User Agency; 11.2.2 It has the full right, power and authority to enter into this Agreement; 11.2.3 It does not know any reason why its execution and performance of this Agreement would violate any laws, covenants or the provisions of any mortgage, lease or other binding agreement. 12. NOT USED 13 INDEPENDENT CONTRACTORS AND NO THIRD PARTY BENEFICIARIES 13.1 Each Party is an independent contractor with respect to this Agreement. No joint venture or partnership is formed as a result of this Agreement. 13.2 This Agreement is solely for the benefit of the Parties, and gives no right or remedy to any other person or entity. 14 ASSIGNMENTS 14.1 By Service Provider 16 28 The County may assign this Agreement and all of the County's rights, duties, and obligations set forth herein, to the PSERN Operator without the End User Agency's approval. However, such assignment shall require approval by the PSERN Board. 14.2 By the End User Agency: The End User Agency may not assign any of its rights, duties, or obligations set forth in this Agreement except as approved in writing by the PSERN Board and the Service Provider. 15 RECORDS Each Party shall keep records as required by state law. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon reasonable notice, during normal working hours, each Party shall provide auditors from the Washington State Auditor or the other Party with access to its facilities for copying said records at their expense. If a Party receives a request for records under the Washington State Public Records Act for records that meet the definition of Confidential Information, and if the Party determines such record is or may be subject to disclosure, the Party's sole obligation to protect the confidentiality shall be to notify the entity or individual claiming confidentiality of the request and the date that such Confidential Information will be released. Such individual or entity, shall have the option of obtaining a court order to enjoin disclosure pursuant to RCW 42.56.540. 16. ENDING SERVICE 16.1 End User Agency may apply for withdrawal from this Agreement with at least one year's written notice of its intent to withdraw. Such applications shall be handled in accordance with the PSERN Board's rules. 16.2 After giving the End User Agency a reasonable period of time to cure, the PSERN Board may terminate this Agreement for the End User Agency's repeated violations of the Agreement terms. The PSERN Board may immediately terminate this Agreement where an action or inaction of the End User Agency significantly diminishes or threatens to significantly diminish the operations of PSERN or results in the loss of or threatened loss of PSERN's spectrum licenses. Termination actions shall be handled in accordance with the PSERN Board's rules. 17. INDEMNIFICATION Each Party shall save harmless the other Party, its officers, officials, employees and agents while acting within the scope of their employment as such, from any and all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its own contractors, subcontractors, their employees 17 29 and agents, acting within the scope of their employment as such, as it is for the acts and omissions of its own employees and agents. 18. INSURANCE 18.1 King County Insurance The County maintains a self-insurance program for the protection and handling of its liabilities including injuries to persons and damage to property. The End User Agency acknowledges, agrees and understands that the County is self-funded for all of its liability exposures for this Agreement. 18.2 The PSERN Operator Upon the transfer of PSERN to the PSERN Operator, the PSERN Operator shall either maintain a fully funded self-insurance program in accordance with applicable law or acquire and maintain commercial general liability insurance in the amount of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) general aggregate, based on ISO Form CG 00 01 or equivalent. 18.3 Contractors and Subcontractors Insurance The County and PSERN Operator shall require their contractors and subcontractors to maintain general liability insurance for all activities related to installation and servicing of the equipment at the Centers. 18.4 End User Agency's Insurance The End User Agency agrees to maintain a self-insurance program or to procure and maintain the following minimum insurance coverage areas and limits, or comparable program(s) of self- insurance, responsive to its liability and property exposures under this Agreement: 18.4.1 General Liability: Insurance Services "occurrence" form CG 00 01 (current edition), or its substantive equivalent. Commercial General Liability coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) per combined single limit per occurrence, and TWO MILLION DOLLARS ($2,000,000) in the aggregate for bodily injury and property damage. 18.4.2 Workers' Compensation/Stop Gap/Employers Liability: Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than ONE MILLION DOLLARS ($1,000,000) per occurrence. 19. NOTICES Written notice for purposes of Sections 16, 18 and 23 must be either delivered by courier or sent by certified mail, return receipt requested, to the address listed below. Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon signature on the return receipt. A Party may change the address for notices from time to time by providing the other 18 30 Party(ies) the replacement name and contact information. Notice shall not be effective unless and until the other Party(ies) has (have) received this information. To the End User Agency: Commander Casey Jones Federal Way Police Department 3332S8 1h Avenue S. Federal Way, WA 98003 To the County or PSERN Operator: Hai Phung, Project Manager King County Department of Information Technology 4015 1h Avenue Seattle, WA 98104 20. AMENDMENT This Agreement may be amended only upon mutual written agreement of the Parties and approval of the PSERN Board. 21 FORCE MAJEURE Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents, shutdowns for purpose of Emergency repairs, strikes and other labor disruptions, and other industrial, civil or public disturbances that are not reasonably within the control of a Party causing the Party's inability to perform an obligation under this Agreement are "Force Majeure Events." If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform or comply with any obligation or condition of this Agreement, such obligation or condition shall be suspended for the time and to the extent reasonably necessary to allow for performance and compliance and restoration of normal operations. 22 CONFLICT WITH OTHER AGREEMENTS If any provision of this Agreement conflicts with a provision of the Implementation Period ILA, the Operations Period ILA, or the lease between the End User Agency and King County (or Service Provider as applicable), if any, such that the provisions cannot be harmonized, then the provisions of the applicable ILA or lease shall control over this Agreement. 23 DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the dispute through direct negotiations between them. If the Parties are unable to resolve the dispute within sixty (60) days of its occurrence, either Party may refer the dispute to the PSERN Board for resolution and shall provide the other Party with notice of such referral. If the dispute is not resolved by the PSERN Board within sixty (60) days of referral to it, either Party may refer the dispute to the executive officers of the Parties. If the dispute is not resolved by the executives within 60 days of referral, either Party may refer the dispute to non-binding 19 31 mediation. The parties to the dispute shall share the costs of mediation equally. Referral of the dispute to the PSERN Board, the executives, and mediation shall be a condition precedent to a Party's pursuit of other available legal remedies. 24 CHOICE OF LAW AND VENUE This Agreement and any rights, remedies, and/or obligations provided for in this Agreement shall be governed, construed, and enforced in accordance with the substantive and procedural laws of the State of Washington. The Parties agree that the King County Superior Court, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 25 NO WAIVER No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach. Waiver of such default or breach shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval of the Parties. 26 EXECUTION AND COUNTERPARTS This Agreement may be executed in counterparts, any one of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. 27 SURVIVAL PROVISIONS The following provisions shall survive and remain applicable to each of the Parties notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's withdrawal from this Agreement. Section 15 Records Section 17 Indemnification Section 19 Notices Section 24 Choice of Law and Venue 20 32 28 SEVERABILITY The invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions. IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the space provided below. King County City of Federal Way Police Department David Mendel, Director, King County Jim Ferrell, Mayor Emergency Radio Communications Dated: Dated: Attest: Stephanie Courtney, CMC, City Clerk Approved as to Form: J. Ryan Call, City Attorney 21 33 Exhibit 1 List of equipment for End User Agency The quantities of equipment listed here will be based on the preliminary radio inventory. The parties agree that prior to radio replacement final inventory numbers will be mutually agreed to, subject to the replacement polices adopted by the PSERN Joint Board. Federal Way Police Department Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 34 Radio Encryption Portable Individual 6 Pocket Quad head Location with Over Radio Charger Charger mount radio Capable The Air Re- quantity Mobile The Air Re - Portable keying with keying Capable The Air Re - microphone 0 0 Police/Fire/EMS Yes Yes 2 batteries, keying case Other Gov't No Other Gov't No No 0 0 0 Police Yes Yes 144 144 0 Fire/EMS Yes Yes 0 0 0 Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 34 Radio Encryption Dash mount Trunk Dual head Quad head Motorcycle radio Location with Over radio mount radio radio radio radio Mobile The Air Re - keying Capable The Air Re - No 0 0 Police/Fire/EMS Yes Yes 0 keying Other Gov't No No 0 0 0 0 0 Police/Fire/EMS Yes Yes 23 75 0 0 10 Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 34 Radio Encryption Consolette Desktop Location with Over radio radio Base Capable The Air Re - keying Other Gov't No No 0 0 Police/Fire/EMS Yes Yes 0 3 Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 34 Over the Air Programming, Radio Authentication, Integrated Voice and Data, Advanced System Key 23 35 Exhibit 2 Response and Resolution Tables Severity Level En -Route Response Time Restoration and Replacement Times Examples Severity 1 Field Servicer Within four (4) hours of detection Failure of any system control shall be en- or report of failure, whichever equipment element. (e.g. route within occurs first, restore full equipment at a master site or thirty (30) functionality to land mobile radio prime site). minutes after equipment and software, Any failure which results in the loss Contractor or microwave system equipment and of wide area operation of one or Service software and MPLS equipment and more simulcast radio sub -system. Provider software and if equipment is detects or is malfunctioning, install FRU. Failure of operation of 25% or more notified of the Concerning equipment and of the operator stations in a failure, software not listed above, Service dispatch center. whichever Provider's goal is to resolve all This level represents the most occurs first. Severity 1 failures within two hours critical issues affecting significant of arrival. However, it is possible portions of the System and its that some resolutions could require users. additional time and effort due to multiple item failure, antenna system failure, etc. In any event, Service Provider is committed to failure resolution as rapidly as possible, utilizing all available resources to resolve the failure as soon as possible. 24 36 Severity 2 Field Servicer Within twenty-four (24) hours of Loss of 20% or more voice talk -path shall be en- detection or report of failure, capacity at a site. route within whichever occurs first, restore full Failure of operation of any thirty (30) functionality to land mobile radio individual site that comprises a part minutes after equipment and software of a simulcast subsystem or Contractor or microwave system equipment and multicast site. Service software and MPLS equipment and Provider software and if equipment is Any Backhaul failure which causes detects or is malfunctioning, install FRU. either a loss of traffic through a notified of theConcerning equipment and path or loss of node redundancy. failure, software not listed above Service Network Management System whichever Provider's goal is to resolve all (NMS) failure occurs first. Severity 2 failures within twelve dispatch center failure impacting hours of arrival. However, it is possible that some resolutions operations. could require additional time and Loss of connectivity of any dispatch effort due to multiple item failure, or RF site to the core network. antenna system failure, etc. In any event, Service Provider is Environmental alarms, such as DC committed to failure resolution as plant and backup power. rapidly as possible, utilizing all available resources to resolve the a This level represents major issues failure as soon as possible. that results in an impaired or unusable sub -system, or loss of critical features from the End User Agency's perspective. 25 37 Severity 3 Field Servicer Within twenty-four (24) hours of Loss of less than 20% of voice talk - shall be en- detection or report of failure, path capacity at any site. route as soon whichever occurs first, restore full Any Backhaul failure or alarm which as possible functionality to land mobile radio does not result in loss of traffic or after equipment, microwave system redundancy. Contractor or equipment and software and MRS Service equipment and software and, if No more than 1 console out -of - Provider equipment is malfunctioning, service at any dispatch location. detects or is install new equipment. Loss of any NMS workstation. notified of the Concerning equipment and This level represents moderate failure, software not listed above Service ' issues that limit End User Agency's whichever Provider's goal is to resolve all occurs first. Severity 3 failures within twenty- normal use of the system, sub - four hours of arrival. However, it is system, product, or major non - possible that some resolutions critical features from an End User could require additional time and Agency's perspective. effort due to multiple item failure, antenna system failure, etc. In any event, Service Provider is committed to failure resolution as rapidly as possible, utilizing all available resources to resolve the failure as soon as possible. 26 99 COUNCIL MEETING DATE: January 7, 2020ITEM #: .... .......................................................................................................................................................................................................................................................................................... ................................................................... _.... .... ..... _................. ............ ......._..........................._....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $19,000.00 from the WTSC for DUI, Distracted Driving, and Motorcycle Safety enforcement? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE (PRHS&PSC) December 10, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ STAFF REPORT BY: LIEUTENANT B. SCHULZ Attachments: 1. PRHS&PSC Memo Resolution ❑ Other DEPT: Police 2. Agreement Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: I — Accept Proposal MAYOR APPROVAL: I/ % IRECTOR APPROVAL:/0��J Cor it until 7P� Imtial/Dat Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the Agreement between the WTSC and the Federal Way Police Department to the January 7, 2020 Council Consent Agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Agreement between the WTSC and the Federal Way Police Department and authorize Chief Andy Hwang to sign said agreement. " 39 (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— 11/2016 RESOLUTION # 39 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 10, 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 and the Federal Way Police Department The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day to day staffing level. However, increasing the number of officers on patrol will yield better enforcement results and likely have a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from a grant. The goal is to reduce traffic related deaths and serious injuries through education of impaired driving, occupant protection, speeding, and distracted driving HVE patrols throughout the state. Simply put, this agreement would allow the City of Federal Way to put more of its police officers on the road with these traffic enforcement goals while knowing it will be reimbursed for the overtime expense. The areas of enforcement the agreement emphasizes are impaired driving, seat belt use, distracted driving, motorcycle safety, and Target Zero Teams (DUI). This interagency agreement is very similar to what the city had last year. 40 SmartField View INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND 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 20.600 and 20.616, for traffic safety grant project 2020-HVE-3870-Federal Way Police Department, 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, 2019, and remain in effect until September 30, 2020, unless terminated sooner, as provided herein. 41 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: High Visibility Enforcement (HVE) is a proven strategy to reduce vehicular fatalities in serious injuries. There are 8 main components in the best practice model: 1. The event is planned by a local team. 2. The event is data driven. Interest in the event originates by local recognition of a problem and the community's interest in responding to it. 3. The enforcement is multijurisdictional and uses a saturation approach and participating officers make a large number of contacts during the event and issue infractions or citations to change public behavior around risky driving behaviors such as speeding, distracted driving and failing to use a seat belt. The WTSC proposes that the default law enforcement response to a high risk driving behavior during an HVE event should be a citation/infraction 4. The public is aware of the event before, during, and after the enforcement takes place. It's important to note that these messages must reach all target audiences, regardless of English proficiency, in the community who use the transportation system. 5. Local media are engaged by the HVE planning team. 6. Enforcement is highly visible — clearly more than a typical day. 7. The HVE event is evaluated. 8. The HVE event is supported by deployment of resources in the priority areas throughout the year when HVE is not being implemented. The SUB -RECIPIENT, along with the regional traffic safety task force, TZM, and LEL, are responsible for meeting these elements of HVE. The WTSC will conduct public education campaigns during national campaigns, but it is the responsibility of the SUB -RECIPIENT and task force to ensure that all elements of HVE are being met. 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 requests for modifications to the Scope of Work through the regional Target Zero Manager. This grant provides funding for HVE enforcement in a variety of emphasis areas: impaired driving, distracted driving, seat belt use, flex patrols, and motorcycle safety patrols . Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing Agency has received prior approval from the designated TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. Enforcement Standard: WTSC proposes that during enforcement, the default response of officers observing driving behaviors that contribute to serious injury and fatal collisions is the43suance of a citation or infraction. WTSC recognizes the need and value of officer discretion. While WTSC does not suggest mandatory enforcement on every contact, the goal of any enforcement activity is behavior modification. 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, to include how the multiple cultural groups in a community will be reached with these messages • Evaluation plan Standardized Field Sobriety Testing (SFST) Training Requirement: The SUB -RECIPIENT certifies that all officers participating in these patrols are SFST trained and meet the following requirements: • Officer must be BAC certified and have passed the SFST refresher training within the prior three years, or • Officer must have successfully completed Advanced Roadside Impaired Driving Enforcement (ARIDE), or • Officer must be a certified Drug Recognition Expert. • For impaired driving HVE mobilizations, there is one additional requirement: Officers must have made a DUI/DWI arrest within the past twelve months 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 from the SUB - RECIPIENT must be available for weekend media contacts, beginning at noon on Fridays before mobilizations. The Following sections in the SOW are for specific enforcement emphasis areas: Impaired Driving Enforcement: Impaired driving (also referred to as Driving Under the Influence, or DUI) remains a top priority for the WTSC. Year after year, roughly 50 percent of WA's vehicular fatalities are due to impaired driving. HVE has been shown to reduce impaired driving fatalities when the model is followed. Overtime Impaired driving enforcement patrols must be planned and coordinated by the regional traffic safety taskforce, including the TZM and LEL. The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Except when prior approval is provided, impaired driving HVE must begin after 8:00 p.m and will occur Thursday -Sunday. The WTSC requires that impaired driving HVE patrols are done using multijurisdictional collaboration. The priority for this funding is participation in the national campaigns: The priority for this funding is participation in the na4ipnal campaigns: Holiday DUI Patrols — December 11 — January 2 Drive Sober or Get Pulled Over — August 19 — September 7 The DUI patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Except when prior approval is provided, impaired driving HVE must begin after 6:00 p.m. and will occur Thursday -Sunday. Funding in this category can be expended outside of the campaign periods. However, the funds must only be used for impaired driving enforcement and during another national impaired driving enforcement campaign or other large local event. Participation during Holiday DUI Patrols and Drive Sober or Get Pulled Over should be prioritized when scheduling enforcement dates. The WTSC encourages law enforcement agencies to use this funding to support the professional growth of officers with limited exposure to impaired driving enforcement. With the approval of the region's TZM and WTSC, officers can participate in mentoring for impaired driving enforcement. Requirements for this use of funds include the following: • WTSC approval for impaired driving mentorship is done through the HVE Mobilization Plan. Approval for mentorship must be received prior to the activity date. • The training officer must be a Drug Recognition Expert or ARIDE trained. • TZMs can submit a request for an officer who doesn't meet these requirements to be a mentor. This request must be detailed on the HVE Mobilization Plan. • There must be a review of the SFST procedure prior to the enforcement activity. • There is a limit of two times per year that an officer can be a mentee. • Funds permitting, mentees will participate in at least one impaired driving mobilization after completing mentoring. • Each region or county -level task force can set additional requirements for participation in this use of funding. • To be eligible for this activity, the task force must have a policy for DUI Mentoring. • Funding will pay for overtime for the mentor officer and the mentee officer. This funding can be used to conduct premise checks in bars and other establishments that sell alcohol. To be used for this purpose, the activity must meet the following requirements: Approval for this activity is done through the HVE Mobilization Plan. This plan must be received prior to the activity date. It should include details such as the estimated number of hours and officers who will be participating in this activity. It should also include a plan for what officers will discuss with the premise (Ex. distributing coasters, HVE dedication materials, mobilization creative, etc.) Each establishment is counted as one contact on the Officer Activity Log. The WA Liquor and Cannabis Board must be notified in advance of this activity to encourage collaboration and support. These funds can be used for DUI warrant round -up events. Prior approval is needed for these activities and must include evidence of thorough planning. Distracted Driving Enforcement: 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 new law. These patrols shall be deployed at locations where the data indicates that thee�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. The WTSC requires that distracted driving HVE patrols are conducted using a team approach with designated spotters. This approach has shown to best identify distracted driving violations. Minimum teams of three can conduct distracted driving HVE patrols — one spotter and at least two officers responding to violations. In order to be eligible to receive distracted driving HVE funds in FFY2020, the SUB -RECIPIENT must have at least one citation issued during the FFY2019 On the Road Off the Phone campaign. Agencies that did not participate in the FFY2019 On the Road Off the Phone campaign are eligible for funding. The priority for this funding is participation in the national campaign, On the Road Off the Phone, April 1 - 18, 2020. However, this funding can be expended outside of the national campaign, but the funds must only be used for distracted driving enforcement. Seat Belt Use Enforcement: Washington has one of the highest seat belt use rates in the country, yet many of the state's vehicular fatalities and serious injuries involved unbelted drivers and passengers. Funding for seat belt enforcement will be prioritized using data from WTSC's Research and Data Division, such as seat belt use rates and fatal and serious injury data. At this point, funding distribution has yet to be determined. Motorcycle Safety Patrols The SUBRECIPIENT will engage in multijurisdictional HVE patrols, as part of the national effort, for all or part of the following campaign: • It's a Fine Line — July 10 — 26 These motorcycle safety patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Patrols must take place Friday, Saturday, or Sunday during the It's a Fine Line campaign. Patrols should focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. Patrols should also focus on the illegal and unsafe driving actions of all other motor vehicles when relating to motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. Whenever possible, SUB -RECIPIENT should include motorcycle officers in these patrols. 3.1. MILESTONES AND DELIVERABLES Mobilization DUI Holiday Patrols Dates December 11 - January 2 Distracted Driving April 1 - 18 45 Click It or Ticket It's a Fine Line DUI Drive Sober or Get Pulled Over 3.2. COMPENSATION May 17 - 31 July 10 - 26 August 19 - September 7 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 $16,000.00. 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 requested 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.These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.3. SUMMARY OF PROJECT COSTS Fundings break down into the following enforcement categories: 46 EMPHASIS PATROL Impaired Driving Patrols $10,500.00 (Section 402, CFDA 20.600) Distracted Driving Patrols $3,500.00 (Section 402, CFDA 20.600) Seat Belt Patrols $0.00 (Section 405b, CFDA 20.616) Motorcycle Safety $2,000.00 (164 Funds, CFDA 20.608) 3.3.1. The fiends 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. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required when the functionality is available in WEMS. 7. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goodUbr 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 fiends 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 WTSC is currently developing functionality in WEMS to streamline enforcement activity and invoice submission. The WTSC requires that this functionality be used for billing when available. Instructions and requirements for using this functionality will be provided at a later date. Prior to activity and invoice submission by the SUB -RECIPIENT in WEMS, 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 WEMS within 10 days of receipt. All invoices for reimbursement must include the following (Note — this will likely change when the new invoicing process is implemented.): 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, 2020, must be received by WTSC no later than August 10, 2020. All invoices for goods received or services performed between July 1, 20204knd September 30, 2020, must be received by WTSC no later than November 15, 2020. 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, loOes, 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 Part�Ounless 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 thein 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 withoutprior 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 confbiEms 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. 52 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 which is approved by the Secretary of Transportation. 35. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 35.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 35.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 35.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 35.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 35.7. A participant in a covered transaction may relya2pon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 35.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are. presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 36. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 36.1. The SUB -RECIPIENT shall: 36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 36.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 36.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 36.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so cont4(ated: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 36.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 37 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 38. FEDERAL LOBBYING 38.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 38.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 38.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 38.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 39 NONDISCRIMINATION (Title VI, 42 U.S.C. $ 2000d et seq.) 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, accou55, 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: Jerry Noviello jnoviello@wtsc.wa.gov 360-725-9897 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. 56 Federal Way Police Department Signature Printed Naive Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date 57 Performing Arts and Event Center Monthly Report — November 2019 Presented at Parks, Recreation, Human Services & Public Safety Committee December 10, 2019 - 5:00 pm • Total Usage Days — 10 (vs. 16 in 2018) Presenter: Autumn Gressett • Theater Rentals/PAEC Presents Held in November ■ Wednesdays - Federal Way Youth Symphony Rehearsals ■ Nov. 13th —Arts 4 Youth Performance Tango De Ceila - 379 tickets ■ Nov. 13th — Public Performance Tango De Ceila —176 tickets ■ Nov. 22nd — A Charlie Brown Christmas 2 shows — 540 tickets ■ Nov. 23rd — A Christmas with the Nelsons- 201 tickets • Event Space Rentals Held in November ■ Nov. 7th — Women to Watch Event, Utilized meeting space and Theatre Space, 428 attendees ■ Nov. 14th —Ashley House 30th Birthday Celebration 225 attendees held in lobby and meeting Space ■ Nov. 19th — NGI Banquet — 225 attendees ■ Nov. 20th — Sound Transit Open House 100 attendees *% of total usage days in 2018 that were rehearsals was 42.1% vs. 33.3% in 2019 **Gross Ticket Revenue includes FWPAF Gala in 2018, their event was moved to October in 2019 1 x 8 4 -4 Total Rehearsal Days Performing Arts Rentals 2 0 -2 PAEC Presents Series 3 3 0 Arts 4 Youth Matinees 1 1 0 Minor Concerts 1 0 -1 Meetings 4 4 0 Total Number of Events 19 12 -7 Total Number of Tickets Sold 985 1345 +360 Avg # of Tickets per Performance (excludes meeting & rehearsal days) 140.71 269 +128.29 Total Gross Ticket Revenue $ 38,802.00 $ 33,344.59 -$5,457.41 PAEC Presents Series Avg Ticket Price $47.25 $ 42.56 _$4.69 Total Gross Rental Revenue $ 3,765.00 $ 7,235.50 +$3,470.50 Total Gross Food & Beverage Revenue $ 4,107.00 $ 24,775.28 +$ 20,668.28 *% of total usage days in 2018 that were rehearsals was 42.1% vs. 33.3% in 2019 **Gross Ticket Revenue includes FWPAF Gala in 2018, their event was moved to October in 2019 1 Performing Arts and Event Center Presenter: Autumn Gressett Monthly Report — November 2019 • GM — Attended Monthly LTAC Meeting • GM attended weekly PAEC Foundation Gala Committee Meetings • GM attended monthly PAEC Foundation Board Meeting • Spectra Bi -Weekly booking calls • AGM/Director of FB hired — Felipe Garcia started on 11/11/2019 November Marketing Recap ■ Ran promo "PAEC Friday" — offered discounted tickets to specific shows from Black Friday through Cyber Monday ■ Announced High Kings Concert — 3/31/2020 ■ Announced Kalimba — "Earth Wind & Fire Tribute" Holiday Concert 12/20/2019 (this show has partnerships with local schools and a portion of all ticket proceeds benefits the Arts 4 Youth Program ■ Frosty Fest —12/12/2019 — 94% capacity with 44 tickets available as of 12/3/2019 Website Metrics Unique Pageviews 18,937 Total Pageviews 23,915 Email Statistics Messages Sent 43,791 Open Rate 34.24% Click Rate 9.09% Social Media (Facebook/Instagram) Facebook Follower's 2884 Facebook Reach 18,564 Instagram Followers 144 Instagram Reach 2,796 Radio Print KIXI 880 Showcase Media BULL 98.9 South Sound MOVIN 92.5 News Tribune TV Digital COMCAST SPOTLIGHT GOGGLE ASA KOMO TV SHOWCASE MEDIA NEWS TRIBUNE Miscellaneous Billboards on 1-5 Hallmark Promo's Corporate Promo's 2