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2020-01-07 Council PKT - Regular CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall January 7, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Oath of Office performed by King County Superior Court Judge LeRoy McCullough • Position 1: Councilmember Lydia Assefa-Dawson b. Oaths of Office performed by Federal Way Municipal Court Judge David Larson and Judge Rebecca Robertson • Position 3: Councilmember Susan Honda • Position 5: Councilmember Mark Koppang • Position 7: Councilmember Linda Kochmar c. Election of Deputy Mayor & Oath of Office BRIEF RECEPTION FOR DEPUTY MAYOR & NEWLY ELECTED COUNCILMEMBERS d. Mayor's Emerging Issues and Report • MLK Jr. Day Celebration at Thomas Jefferson High School -January 20 11:00 a.m. • City Council Annual Retreat at Dumas Bay Centre - February 1 at 8:30 a.m. • Washington Supreme Court Argument-January 16 regarding Water Sewer Tax • 13th Washington State Korean-American Day Celebration in Seattle on January 13 e. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Regional Committees Report(PIC) • Deputy Mayor Report The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor,come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: December 3, 2019 Regular Meeting Minutes, December 11, 2019 Legislative Breakfast Summary ...page 4 b. Arts Commission 2020 Contract for Services ...page 17 c. Arts Commission 2020 Work Plan ...page 19 d. PSERN Radio End-User Service Level Agreement ...page 22 e. Agreement between WTSC and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement ...page 50 f. 2020/2021 Surface Water Maintenance and Vactor Services Contract—Authorization to Bid ...page 69 g. Resolution: Creating an Advisory Committee for the North Lake Management District Number 2 and Establishing Duties Thereof ...page 71 h. Military Road S/S 298th Street Compact Roundabout— Project Acceptance ...page 78 i. Joint Construction Agreement between City of Federal Way and Puget Sound Energy ...page 80 j. 2019 Asphalt Overlay Project— Final Acceptance ...page 87 k. 2019 Storm Pipe Repair Phase 1 — Project Acceptance ...page 89 I. 2018 NHS Preservation Project— Final Acceptance ...page 92 6. COUNCIL BUSINESS a. Proposed Settlement Agreement— Gogel ...page 94 7. ORDINANCES First Reading a. Council Bill #772 North Lake Management District Number 2 (Establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments) ...page 96 • Staff Report: Leah Myhre • Citizen Comment— 3 minutes • Council Questions 8. COUNCIL REPORTS The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. 9. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: January 7, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT-CITV—COUNCI-L- -. INUT-ES POLICY QUESTION: Should the City Council approve the draft minutes for the December 3, 2019 Regular City Council Meeting and the draft summary for the December 11, 2019 Legislative Breakfast? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the December 3, 2019 Regular Meeting Draft summary for the December 11, 2019 Legislative Breakfast Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: bAA RIOTWO Committee Councilnitialloate 6L Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # r %j O ��ilfl��"i+ro Federal Way CITY COUNCIL SPECIAL MEETING ANNUAL LEGISLATIVE BREAKFAST_S_UMMARY Federal Way Community Center — Breakout Room C 876 S. 333rd Street — Federal Way, WA 98003 December 11, 2019 - 8:00 a.m. Summary 1. WELCOME AND INTRODUCTIONS Mayor Ferrell called the meeting to order at 8:00 a.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember-Elect Linda Kochmar, Councilmember Hoang Tran was unable to attend the meeting. State Legislators in attendance: Senator Claire Wilson, Representative Kristine Reeves, and Representative Mike Pellicciotti. Staff support: Policy Advisor Bill Vadino and City Lobbyist Ehren Flygare. Mayor Ferrell thanked the legislators for their work and partnership with the city staff. He provided a review of legislative accomplishments and current status of legislative priorities. 2. LEGISLATORS' GOALS Senator Claire Wilson, Representative Kristine Reeves, and Representative Mike Pellicciotti each briefly spoke to their overall goals and priorities for the upcoming session. 3. DISCUSSION OF PRIORITIES FOR THE 2019 LEGISLATIVE SESSION a. Education and Youth discussion led by Councilmembers Johnson, Koppang and Moore; Dr. Campbell was invited into the discussion. b. Crime and Public Safety discussion led by Councilmembers Assefa-Dawson, Johnson, and Moore. c. Homelessness discussion led by Deputy Mayor Honda and Councilmember Assefa- Dawson. Federal Way City Council Special Minutes Legislative Breakfast - 2020 Page 1 of 2 December 11, 2019 d. Transportation discussion led by Deputy Mayor Honda and Councilmember Koppang. e. Aircraft Issues discussion led by Councilmembers Assefa-Dawson and Koppang. f. Quality of Life, Veterans and Seniors discussion led by Deputy Mayor Honda and Councilmembers Johnson and Moore. 4. ADJOURNMENT Mayor Ferrell thanked the state delegation for taking time to meet and discuss the issues and priorities for the Council. There being nothing further on the agenda; the Special Meeting was adjourned 9:06 a.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Legislative Breakfast - 2020 Page 2 of 2 December 11, 2019 CITY OF Federal Wal V::k� N VAN I W 10, 1 1 1 WX k DO M REGULAR MEETING MINUTES Council Chambers - City Hall December 3, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:36 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S KEY TO THE CITY — COUNCILMEMBER DINI DUCLOS Mayor Ferrell was pleased to recognize and honor his long-time friend and colleague Dini Duclos with the Key to the City. Councilmember Duclos is retiring from elected office after serving three terms in office (2007, 2011, and 2015.) He thanked her for her partnership over the last 12 years on the City Council where she also served as the Deputy Mayor and Chair of the Finance, Economic Development and Regional Affairs Committee (FEDRAC). Her heart for service to this community was also apparent in her role as CEO of the Multi -Service Center for 18 years where she took a leading role in revitalizing the non-profit organization which works to strengthen communities throughout South King County and addresses the causes and barriers of poverty and homelessness which help lift people from crisis to self-sufficiency and stability. Deputy Mayor Honda thanked Councilmember Duclos for her impact not only as a friend and colleague: but the impact she has had on the community. Cou ncilmernber Assefa-Dawson noted she met Councilmember Duclos in a professional role many years ago; she thanked her for being supportive and encouraging; she wished her a happy retirement. Councilmember Johnson also added he met Councilmember Duclos years ago while still in high school and spoke to her regarding his interest in public service; he thanked her for always being true to her work and for her service. Councilmember Tran complimented Councilmember Duclos for being straightforward and open; he appreciated working with her on the FEDRAC Committee over the last two years. Federal Way City Council Regular Minutes Page 1 of 10 December 3, 2019 Councilmember Moore stated it was an honor to serve with Councilmember Duclos and he has learned a lot from her work on the Council and in the community; he appreciates her spirit and will miss her. Councilmember Koppang appreciates Councilmember Duclos' passion for the community and thanked her for her longtime leadership and dedication through her work on the Council and the Multi -Service Center. At 7:12 p.m. Mayor Ferrell announced the Council would take a brief recess honoring Key to the City recipient City Councilmember Dini Duclos for approximately 15 minutes. Mayor Ferrell called the meeting back to order at 7:30 p.m. Mayor Ferrell recognized State Representative Kristine Reeves and Councilmember-Elect Linda Kochmar who are attending the meeting. 4. PRESENTATIONS a. Recognition of Federal Way Hawks — Youth Football Mayor Ferrell read and presented Certificates of Recognition to Federal Way Hawks Head Coach Shaun Mitchell and his team who recently won the Northwest Championship, and have been invited to play and represent the City of Federal Way at the Pro Hall of Fame Youth Championship game in Canton, Ohio. Coach Mitchell thanked the Mayor and Council for the recognition and noted the team is currently fundraising to cover the costs of the trip for the athletes. He directed donations to the team's Go Fund Me page. b. 30 for the 30th — Celebrating Federal Way's 30th Anniversary Policy Advisor Bill Vadino and Economic Development Director Tim Johnson reported on the new city initiative asking residents to volunteer 30 -minutes in honor of the city's 30th Anniversary. Mr. Vadino noted the implementation cost will be funded from the Mayor's budget which will include a website to capture volunteer events and promote upcoming opportunities and contact information for agencies. Council thanked Mr. Vadino and Mr. Johnson and asked clarifying questions regarding contact information and promotion. c. Mayor's Emerging Issues and Report Mayor Ferrell referenced the background picture on the monitors which are the new snowflakes that line South 320th Street for the holiday season, replacing lighting of the street trees as in years past. Town Center Steps Ribbon Cutting Ceremony Mayor Ferrell was happy to report on the ribbon cutting for the Town Center Steps which occurred on December 4. He stated this is a key piece of improvement in the downtown which provides connectivity between the park and the Performing Arts and Event Center area. Federal Way City Council Regular Minutes Page 2 of 10 December 3, 2019 Holiday Tree Lighting at Town Square Park Parks Director John Hutton invited to attend the annual tree lighting at Town Square Park on Saturday, December 7 at 4:00 p.m. He encouraged everyone to arrive early to enjoy the festivities of this free family event. Santa and Mrs. Claus will be arriving for photos, along with musical performances. 2020 Annual Legislative Breakfast Mayor Ferrell reminded everyone of the annual Legislative Breakfast on December 11 at the Federal Way Community Center at 8:00 a.m. He noted this is a time for the Council to meet with State Legislators and discuss priorities for the upcoming session. The doors will open at 7:30 a.m. Cancellation of December 17, 2019 Council Meeting Mayor Ferrell stated this is the last Council meeting of 2019, as the second meeting has been canceled to allow Council and staff members time to enjoy the holidays. Roger Freeman Recognition Working Group The Mayor noted there is currently a working group of citizens and elected officials working together to bring forward a recommendation on how to honor the life and service of former City Councilmember and State Representative Roger Freeman. He thanked Betty Taylor for her work on this issue. d. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Duclos noted the Committee moved to cancel the December meeting. The Committee discussed the fee schedule which was moved to the Council Business Agenda for further discussion; all other items are on the Consent Agenda. She thanked city staff and noted it was a pleasure working and serving on the FEDRAC Committee. Lodging Tax Advisory Committee (LTAC) Chair Moore reported the next meeting will be Wednesday, December 15 at 10:00 a.m. in the Hylebos Conference Room. He is looking forward to attending the ribbon cutting of the Town Center Steps tomorrow and continues to hope for a name change for this committee in 2020. Land Use/Transportation Committee (LUTC) Chair Koppang reported on a good meeting with three large projects accepted as complete. He continues to be pleased with the knowledge and responsibility of staff as they work hard on efficiencies and managing projects with a high level of expertise, which in turn save the city dollars. He is privileged as Chair of this Committee to shepherd the Town Center Steps project through final completion and approval last year. Federal Way City Council Regular Minutes Page 3 of 10 December 3, 2019 Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Chair Johnson reported the next meeting is December 10. He noted Council Rules dictates the realignment of Committee Chairs every two years, and if this is his last report as Chair, he thanked staff including Police Chief Andy Hwang and Parks Director John Hutton for their work. He recognized School Board Member Davis in the audience. Regional Committees Report (PIC) Councilmember Assefa-Dawson noted there is no report at this time as the next PIC Committee meeting is scheduled for the upcoming week. Councilmember Tran briefly reported on his recent trip and visit to the Federal Way Sister City of Donghae, Korea. He traveled on a personal trip/trade mission and had the honor to visit and represent the City of Federal Way while in the country. He was treated to a very warm and gracious welcome and toured City Hall and tourist destinations in Donahae. He played a brief video from the city and expressed best wishes from the elected officials of Donahae to the Mayor and Council. Deputy Mayor Report Deputy Mayor Honda noted the last Council meeting had three members participating via conference call. She reported she attended a conference for women legislators in San Antonio, Texas along with Councilmember Assefa-Dawson. In addition to attending days of informative sessions and networking with other legislators across the country, they both received an Award for Excellence. 5. CITIZEN COMMENT Tim M. expressed his concern with allowing third -party flags on city property. He feels the American, State and City flags are sufficient to represent the community and believes allowing third -party flags will create division. Serhiy Balyuk questioned why, out of so many groups and movements that exist, any one in particular would be above another. Federal Way City Hall is representing all citizens and cannot give preference of one movement or group over another. Dave Kaplan with the Port of Seattle provided updates regarding the November 19 Port Commission meeting. At that meeting the commission adopted their 2020 budget and 5 year Capital Investment Plan. Diana Noble-Gulliford spoke on behalf of the Historical Society of federal Way, to extend an invitation to attend the open house of their World War 11 exhibit on December 7 from 2:00 to 4:00 p.m. featuring Washington State and Federal Way veterans. Lana Bostic shared her support of allowing third -party flags to be flown in Federal Way. Ms. Bostic specifically would like to see the pride flag flown on the flag pole located on South 320th Street. Federal Way City Council Regular Minutes Page 4 of 10 December 3, 2019 Alex 0ichenko spoke against allowing third -party flags to be flown. He urged the council to reject identity politics which will divide the community. Dmitriy Sidlovskiy feels the flags of the US Government, State and'City represent everyone; the US flag guarantees freedom for everyone. Vitaliy Piennotin shared his stance that allowing third -party flags is allowing propaganda and division. Dana Hollawa spoke against allowing the flying of third -party flags at city hall. The flying of third -party flags has the potential of creating divide and the City needs to take into account what might happen if one group is allowed to fly their flag but another is not. Dennis Kiforishin warned Council they may be entering into a spiral that they cannot come back from, and urged then to be careful. Catherine North shared that the pride flag does not create hate; it shows acceptance. She shared a lot of other cities fly the pride flag. Ron Kaler believes that there are certain principles communicated through flags and he feels allowing third -party flags could put council on thin ice. Allison Taylor proposed some amendments to Agenda Item 7b which would allow council to be discretionary and to set a time limit on how long a third -party flag can fly. Morgan Fiskevold shared when the pride flag is recognized there is a feeling of safety and inclusion. Debbie Sabin agrees that the American flag represents all of us. Leah Naccarato does not believe the discussion is about a flag being flown but rather about fear and anger about the pride flag. Letter read by City Clerk from Patricia Conant opposing the flying of third -party flags at City Hall. Letter read by City Clerk from Monisha Harrell on behalf of Equal Rights Washington in favor of the City flying the pride flag. 6. CONSENT AGENDA a. Minutes: November 19 Regular and Special Meetings b. Monthly Financial Report — October 2019 c. Vouchers — October 2019 d. Tourism Enhancement Grant Recommendation for January — June 2020 e. Agreement: Demolition of Fire Damaged Structure f. Community Center Pool Chemicals Contract Amendment Federal Way City Council Regular Minutes Page 5 of 10 December 3, 2019 DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH F ON THE CONSENT AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes 7. COUNCIL BUSINESS a. 2020 Legislative Agenda Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes Policy Advisor Bill Vadino provided a presentation regarding items the Council and staff have identified currently, and in previous years, as legislative requests for assistance and support for in the coming session. These items include public safety, homelessness, transportation, aircraft issues, education, quality of life issues for working families, and support for a veterans monument in Federal Way. Mr. Vadino introduced the City Lobbyist Ehren Flygare who thanked the Council and the legislators for the opportunity to discuss priorities and work together. Both Mr. Vadino and Mr. Flygare noted they are looking forward to the Legislative Breakfast where these issues will be discussed further. Councilmember Moore left Council Chambers briefly at 9:11 p.m. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE 2020 LEGISLATIVE AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed 6-0 as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore out of the room Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Resolution: Display of Third -Party Flags at City Hall (Flag Policy) City Attorney Ryan Call provided a presentation on the proposed resolution and policy of allowing third -party flags to fly at City Hall. He noted state law currently requires display of the flag of the United States, the Washington State flag, and the POW/MIA flag on specific dates. He noted the proposed policy clarifies the flag poles are not public forums, however viewed as governmental speech; the policy also excludes sports (team) flags, which are generally apolitical and displayed at the direction of the Mayor. Third -party flags would be flown as a statement of support from the city as expressed by a City Council proclamation. Such requests would be reviewed and determined based on the current proclamation approval process outlined in the Council Rules of Procedure. City Council Proclamations are defined as those non -controversial events with a major citywide impact. He clarified groups seeking recognition with a flag display would lend the City a flag for this purpose and flags would be returned to the requestor following the recognition period. Federal Way City Council Regular Minutes Page 6 of 10 December 3, 2019 Councilmembers thanked Mr. Call for the presentation and thanked the audience for their comments regarding this issue during Citizen Comment. Councilmembers expressed sadness this has become a political and divisive issue for many in the community; including citizens stating they feel unsafe in the community. Council asked various clarifying questions of Mr. Call regarding the proposed timeline of recognition, potential legal action against the city, and the possibility of delegating the authority to the Mayor as part of the Mayor's routine authority to manage the city's daily operations. Further discussion ensued including the suggestion of sending this draft policy to a Council Committee for further discussion and review; there was not Council consensus to refer this item back to Committee. City Attorney Call responded to a question from Mayor Ferrell, and clarified governmental speech, as applied in this proposed city policy can be articulated by either the Mayor or City Council. COUNCILMEMBER TRAN MOVED TO DELEGATE THE AUTHORITYTO DECIDE WHETHER OR NOT TO FLY CERTAIN FLAGS TO THE MAYOR; COUNCILMEMBER JOHNSON SECOND. Councilmember Moore feels as long as we have had this form of government, we have not given a voice to the community; he will be voting no on the motion. The motion passed 6-1 as follows; Moore dissenting. Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore no Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Local Consent for Refugee Resettlement (Executive Order 13888) City Attorney Ryan Call provided background on this item stating this proposed action is in response to the President issuing an Executive Order on Enhancing State and Local Involvement in Refugee Resettlements. This order requires states and local governments provide written consent authorizing the initial resettlement of refugees into their communities. The city received a request from Washington State DSHS to provide a letter to the US Department of State giving written local consent; Governor Inslee has already consented for the state. Without written consent federal aid for resettlement programs in Federal Way would be in jeopardy. Councilmember Assefa-Dawson has concerns with this policy and will speak with City Attorney Call following the meeting to discuss the details further. Federal Way City Council Regular Minutes Page 7 of 10 December 3, 2019 DEPUTY MAYOR HONDA MOVED TO GRANT LOCAL CONSENT FOR REFUGEE RESETTLEMENT PURSUANT TO EXECUTIVE ORDER 13888 AND AUTHORIZE THE MAYOR TO EXECUTE A LETTER EXPRESSING THIS CONSENT; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING PAST 10:00 P.M.; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes d. Authorizing Finance Director to Certify the Levy to the County Legislators COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE FINANCE DIRECTOR TO CERTIFY THE LEVY TO THE COUNTY LEGISLATORS; COUNCILMEMBER ASSEFA- DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes e. Resolution: 2020 City Fee Schedule Finance Manager Chase Donnelly provided a brief presentation on the fee schedule changes for 2020. He noted the fees schedule is reviewed every year by each department and is adjusted annually. Fee increases included for the Public Works and Community Development Department are based on inflation or recovery of costs associated with the permit process or other business activities provided by the City. Mr. Donnelly noted an amendment is anticipated to be brought before the City Council regarding the Federal Way Public School impact fees after further discussion and review. Councilmembers thanked Mr. Donnelly for the report and asked clarifying questions of citizens and developers being vested in a fee schedule. Community Development Director Davis noted the fee is imposed based on the current fee schedule at the time of submission. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE 2020 FEE SCHEDULE RESOLUTION; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes Federal Way City Council Regular Minutes Page 8 of 10 December 3, 2019 8. ORDINANCES Second Reading/Enactment a. Cauncil Bill #769 Amending FWRC Title 19, Division III, Mitiqation and Fees Adding New Chapter - SWM System Development Charges AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ASSESSMENT OF SURFACE AND STORMWATER UTILITY SYSTEM DEVELOPMENT CHARGES; AND ADDING A NEW CHAPTER TO TITLE 19 FWRC. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes b. Council Bill #770 2019-2020 Budget Adjustment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2019-2020 BIENNIAL BUDGET. (AMENDING ORDINANCE NOS. 18-860 AND 19-867) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes c. Council Bill #771 2020 Property Tax Levy AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2020. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DUCLOS MOVED APPROVAL OF- THE PROPOSED ORDINANCE; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda Councilmember Assefa-Dawson Councilmember Johnson Councilmember Tran 9. COUNCIL REPORTS yes Councilmember Koppang yes yes Councilmember Moore yes yes Councilmember Duclos yes yes Councilmember Duclos thanked the citizens of Federal Way who elected her to serve for the past twelve years. She reflected on her arrival to Federal Way stating she never regretted her decision to move here and tried to do her best for the community. She is grateful for the welcoming community Federal Way City Council Regular Minutes Page 9 of 10 December 3, 2019 and believes we try and help one another. Her time on Council has been meaningful to her and while she and her colleagues do not agree at times, they do not take it personally and work together. She loves and plans to continue supporting the city. Councilmember Moore congratulated Councilmember Duclos' on her retirement and looks forward to her continued support of the city and council. He appreciates the work of his colleagues and their mutual respect even when they disagree. He announced an informal Christmas Community Dinner on December 19 at JP's Tavern beginning at 6:00 p.m. He will be in attendance along with Councilmember Koppang and asked for attendees to bring hand warmers which will be donated to the Federal Way Day Center. Councilmember Koppang attended the farewell gathering for Doug Nelson who worked as Community Center Manager. He referenced the tributes made to Mr. Nelson by other staff as well as community members and wished him well. Councilmember Tran wished Councilmember Duclos a happy retirement. He thanked Mayor Ferrell, Deputy Mayor Honda, and others who facilitated his remote attendance at the most recent City Council Meeting. He shared next year is Federal Way's 20th Anniversary of the sister city relationship with Donghae, Korea. Councilmember Johnson thanked Councilmember Duclos for always being authentic while serving on the Council. He wished everyone a happy holiday season and is pleased when reflecting back on all that has been accomplished during 2019. Councilmember Assefa-Dawson thanked Councilmember Duclos for her work and shared it was an honor to be her colleague. She thanked staff for facilitating the sign language interpreter at the meeting and wished everyone happy holidays. Deputy Mayor Honda reminded those in attendance of the Framing City South meeting on January 4 in Council Chambers. She loves volunteering and supports the 30 for 30 Initiative; she would encourage 30 hours rather than 30 minutes. She thanked Doug Nelson for his service and dedication to the community. She thanked Councilmember Duclos for her service and leadership in the community and expressed appreciation for her direct communication style. She reflected it was appropriate she made the last motion in 2019. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:29 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 10 of 10 December 3, 2019 COUNCIL MEETING DATE: January 7, 2020 ITEM #:-5b-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 STAFF REPORT BY: Cody Geddes, Recreation Manager DEPT: Parks 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 RECOM111 EN DA t iON: Option 1 MAYOR APPROVALL, : ' m DIRECTOR APPROVAL: I u N cal?Dad (4 ",ialZate ICna itiat COMMITTEE RECOMMENDATION: I move to approve the 2020 Arts Commission Contract for Services funding recommendations anforward to the January 7, 2020 City Council consent agenda for approval. �r nmittee Chair Committee Member ConixfAe Member PROPOSED COUNCIL MOTION: "I move approval of the Arts Commission 2020 Contract for Services funding recommendations. " (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 # v CD CD 00 Q O CD y O CD c* CD � CD � M CD * CD ID r- o 3- m CD r c a C s(D c v cn cnCD cn 0 c 3 c� C: 7 CD 7 CD .N-. 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CD £ m N .O+ C7 N O O O N N to m m ��p a N CD N A N y CO y O N ° >_ c _ _ u n p CD a a O CD co = cc Cc] o m N N co CD M CD o a m c CL N 3 CD �p � S ° N COUNCIL MEETING DATE: January 7, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Arts Commission 2020 Work Plan ITEM POLICY QU-ESTIGN�he Id -the (. illi..{:'ouncil approve the-..lrtcC'caaarn;kVienL2020-K!6rIr P7,7n-? COMMITTEE: PRHSPS CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Cody Geddes Recreation Manager Attachments: Proposed 2020 Arts Commission Work Plan MEETING DATE: 12/10/2019 ❑ Public Hearing ❑ Other DEPT: Parks 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 : Option 1 MAYOR APPROVAL• e, DIRECTOR APPROVAL: C its Woe C:nru�cil i iru[iaC ata GSiCi�ll�ate e lui[ial'iJac 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. oiilInittee Chair Committee Mernber Comm ee 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 # Z, a [D rn n, ca rD o_ 7' 0 -n rD Q. rD d �r D Ln n O 3. to T O 0 in" O CL (D C M 0 o, n 0 3 c S CD (D n c o, ro 10 rD C d O Q O Q rD D Ln L m n, C fD C CL Ci C (D 07 Q_ 01 Z 0 CD 3 CY N O ' V 0 0 0 3 3 0� >3 3 O m 0 n C 0 3 M CD m S s C CD 0 m Q- (T A > W o N O CT A W Q N (D CD a -D D cn cn 3 0 -� cn -u U) c° CD ' -0 S . cQ 00 nCCC� N D a m'D °'� <. n0 0�. 3 m �< o t7 o �.CD D nr. rn� m� `< o 0 x m 3 CD D 0 a- 3:E, DX E in- CD 0 O 0) v (D 0— 0 cn 7 0 6) m � L-- 0)�m 3 �� (n :3 v 3 �• m y M=s 0mm m 3 CD 0 3 0 0 �a O moo' Qcn v < m CLCD n� �0 d°� a2 �—p 0 m 0 C-) �_o Cq a) CC C S fQ m � D i o C n3 m— m y y 0) fn 0) CD to Q m 0 0 0) (D 7 a fn �, N m Fn C S O n N W CD T. 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O m m• fD m mCc 0 - m C C=-0 Op 3 3 m n =r O w Rc m -- (p v m tQ x- ao m o c 7 7 am m CD' O 7 C) O y Q) m M o m 0) N O -(n 0 fn - 7-a t O rn< d Ss m n 0 =� n 0 3 7 N m o wC O'D CO m c0i o�i� 3 av y fQ < �' O 7 In a C _a = m m 3 Q— O� N C1 y N �@ ,v C o a N? - w (n 3 m �� m m n N O Q O m 3 O O .y. n Q O B N N fn O N n 7• O 0 <� m fD �c ?5�;v ° o�� CC2we C' 07 vm0 CL y 0. m 7' Cvo 7 C CD j N_ C7 m C c (n (n O• C 7'a � O Q fn �. m n— C) O 7 C v N N �� Q c =r =rO v, o oCD c 3 70 00 O S.0 m 0 D � O 0d°- fD m N �mN�( a S c C j� �_ C E3 O N C l7 N N - m CD3 N N — CD M (n 7 Q 3. CD �� G D ,� D p (n C) v (n v D � m cn O G y v E z C) .L N O 7 O o c m o < 3 o ZI W CD CD CD o r o o v 0 C- 0 0 0 3 CD a' 3 D D c 9' so U3 U v co c U COUNCIL MEETING DATE: Jan 7, 2020 ITEM #:-5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Commander Casey ones_ Attachments: Staff Report RADIO END-USER SERVICE LEVEL AGREEMENT MEETING DATE: Dee 10, 2019 ❑ Public Hearing ❑ Other DEPT: PD 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. MAYOR APPROVAL:1I toinindbe e Cnui1l Initial/Date InitiallDa DIRECTOR APPROVAL: lniunll COMMITTEE RECOMMENDATION: I move to forward the proposed PSERN radio end-user service level agreement to the January 7, 2020 consent agenda for approval. C)", Cer Committee Win ler ComZkfee Member PROPOSED COUNCIL MOTION: "I move approval of the PSERIV radio end-user service level agreement and authorize the Mayor to sign said agreement" (BELOW TO BE COMPLETED BY CITY CLERK'S Off -ICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED TO SECOND READING (ordinances atl) ORDINANCE # REVISED — 12/2017 RESOLUTION # 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. 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. 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 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. 3 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 information, and Mutual Aid Radio systems information that is programmed into the radio to allow operations on PSERN, KCERCS or other radio systems. 4 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 maybe 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. 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. 2 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. 5 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; 7 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; H 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 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 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 replacing 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 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 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 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 8 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 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 9. 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 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 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 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 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 333258 th Avenue S. Federal Way, WA 98003 To the County or PSERN Operator: Hai Phung, Project Manager King County Department of Information Technology 4015 th 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 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 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 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 Radio Encryption Portable Individual 6 Pocket Quad head Location with Over Radio Charger Charger mount radio Capable rhe 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 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 O 3 keying Other Gov't No No 0 0 0 0 0 Police/Fire/EMS Yes Yes 23 75 0 0i 101 Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 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 O 3 Total Radios 255 All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking, 22 Over the Air Programming, Radio Authentication, Integrated Voice and Data, Advanced System Key 23 Severity Level Severity 1 En -Route Response Time Field Servicer shall be en - route within thirty (30) minutes after Contractor or Service Provider detects or is notified of the failure, whichever occurs first. Exhibit 2 Response and Resolution Tables Restoration and Replacement Times Within four (4) hours of detection or report of failure, whichever occurs first, restore full functionality to land mobile radio equipment and software, microwave system equipment and software and MPLS equipment and software and if equipment is malfunctioning, install FRU. Concerning equipment and software not listed above, Service Provider's goal is to resolve all Severity 1 failures within two hours of arrival. However, it is possible that some resolutions could require 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. Examples Failure of any system control equipment element. (e.g. equipment at a master site or prime site). Any failure which results in the loss of wide area operation of one or more simulcast radio sub -system. Failure of operation of 25% or more of the operator stations in a dispatch center. This level represents the most critical issues affecting significant portions of the System and its users. 24 Severity 2 Field Servicer shall be en - route within thirty (30) minutes after Contractor or Service Provider detects or is notified of the failure, whichever occurs first. Within twenty-four (24) hours of detection or report of failure, whichever occurs first, restore full functionality to land mobile radio equipment and software microwave system equipment and software and MPLS equipment and software and if equipment is malfunctioning, install FRU. Concerning equipment and software not listed above Service Provider's goal is to resolve all Severity 2 failures within twelve hours of arrival. However, it is possible that some resolutions could require 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. Loss of 20% or more voice talk -path capacity at a site. Failure of operation of any individual site that comprises a part of a simulcast subsystem or multicast site. Any Backhaul failure which causes either a loss of traffic through a path or loss of node redundancy. Network Management System (NMS) failure dispatch center failure impacting operations. Loss of connectivity of any dispatch or RF site to the core network. Environmental alarms, such as DC plant and backup power. This level represents major issues that results in an impaired or unusable sub -system, or loss of critical features from the End User Agency's perspective. 25 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 MPLS 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 s 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 COUNCIL MEETING DATE: January 7, 2020 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT. AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $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 ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. PRHS&PSC Memo 2. Agreement Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: 1— Accept Proposal MAYOR APPROVAL: 1l 7IRE('TOi{ APPROVAL: Cnnunittc (. +un it 7! 19 lnmaVlDa1� Initial/Date initial/Date COMMITTEE RECOMMENDATION: "I move to forward the Agreement between the WTSC and the Federal Way Police Departrra _ rt to the January 7, 2020 Co il� 'r zsent :4geai . a for approval. " mmittee Chair Committee Member Commit eintier PROPOSED COUNCIL MOTION: `I move approval of the Agreement between the WTSC and the Federal l ay Police. Department_ and authorize Chicj'Andyl ffivang to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ \gOVED TO SECOND READING (ordinances on1)) ORDINANCE # REVISED — 11/2016 RESOLUTION # 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. SmartField View U� 4-7-o�7 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. 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 Enf6r eii-ient (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 the issuance 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 national 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 the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of past distracted driving violations. 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 Distracted Driving Dates December 11 - January 2 April 1 - 18 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: 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 goods or services to be provided under this Agreement shall be made by the WTSC. 8. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 9. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 10. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the 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, 2020, and 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 2-00 Subpart E. 15. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 16. DISPUTES 16.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 17. GOVERNANCE 17.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 17.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 17.2.1. Applicable federal and state statutes and rules 17.2.2. Terms and Conditions of this Agreement 17.2.3. Any Amendment executed under this Agreement 17.2.4. Any SOW executed under this Agreement 17.2.5. Any other provisions of the Agreement, including materials incorporated by reference 18. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 19. INDEMNIFICATION 19.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB -RECIPIENT'S performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC] its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 19.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 19.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 20. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 21. INSURANCE COVERAGE 21.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 21.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 22. HCF1NS1NG, ACCREI)IT.kTION.. _SRU REGISTRATION The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 23. RECORDS MAINTENANCE 23.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 23.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or snake 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-RECTPTENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 25. RIGHTS IN DATA 25.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 25.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without,prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 26. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 - day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 27. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 28. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 29. TAXES All payments of payroll taxes, unemployment contributions. any other taxes, insurance, or other such expenses for the SUB-RECTPTENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 30. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15 - day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 31. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 32. TREATMENT OF ASSETS 32.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB - RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 32.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 32.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB -RECIPIENT to maintain and administer that property in accordance with sound management practices. 32.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 32.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 32.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub -contractors. 33. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 34. BUY AMERICA ACT The SUB-RECTPTENT 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 terns covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 35.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under- 48 CFR part 9, subpart_ 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 35.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 35.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordiniry course of business dealings. 35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 36. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 36.1. The SUB -RECIPIENT shall: 36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 36.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 36.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 36.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 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 siWlII u`N-131 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, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 39.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right -to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 39.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 40, PQL1T1CAL k(I-T-1V"1TY (1-i:- TC 1-1 #CT) 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@wtse.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. Federal Way Police Department Signature Printed Naive Title Date WASHINGTON TRAFFIC SAFETY COMMISSION Signature Printed Name Title Date COUNCIL MEETING DATE: January 7, 2020 ITEM #:. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020/2021 SURFACE WATER MAINTENANCE AND VACTOR SERVICES CONTRACT - AUTHORIZATION TO BID POLICY QUESTION: Should City Council authorize SWM staff to bid the proposed 2020/2021 Surface Water Maintenance and Services Contract and return to LUTC and Council for bid award, further reports and authorizations? COMMITTEE: Land Use and Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ® Consent F] Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolutionn ❑ Other low, M STAFF REPORT BY: Theresa Thurlow, SWM Division anner^�., DEPT: Public Works _ �— _ _ _.... _ ...._ Attachments: Staff report. Options Considered: 1. Authorize staff to bid the proposed 2020/2021 Surface Water Maintenance and Services Contract and return to LUTC and Council for authorization to award the contract within the available project budget to the lowest responsive, responsible bidder. 2. Do not authorize staff to proceed and provide direction to staff. MAYOR'S RE( ONINELN[r ATjio.N: The Mayor recommends Option 1, MAYOR APPROVAL: �.iIt ! DIRECTOR APPROVAL: ;�J `?-O t tl Ir, ii Date (' ,� i s i � i l it iallDalc nitial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 7, 2020 consent agenda for approval. - Mark Ko a, Committee Vair J#eohnson, Committee Member Hoan `Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize SWM staff to bid the 2020/2021 Surface Water Maintenance and Vactor Services Contract, and return to L UTC and Council for authorization to award the project within the available project budget to the lowest responsive, responsible bidder. " 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 onl)) ORDINANCE # REVISED — 12/2017 RESOLUTION 9 CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Theresa Thurlow, P.E. Surface Water Manager -' SUBJECT: 2020/2021 Surface Water Maintenance and Vactor Services Contract Authorization to Bid FINANCIAL IMPACT: The approved SWM operational budget (40 1) for vactor services in 2020 is $229,434 and the engineer's estimate for the new stormwater maintenance and services contract is $245,000 per year, with an estimated shortfall of $15,566. If a shortfall is identified after bids are opened, a budget adjustment will be requested with authorization to award the contract. The shortfall adjustment will be covered by the 2020 increase in the SWM utility rate charge. The 2020 increase has been identified as 2.3% which will result in a revenue increase of $94,993, mitigating the estimated shortfall of $15,566. BACKGROUND: The City of Federal Way Public Works Department Surface Water Management (SWM) Division is responsible for complying with the Washington State Department of Ecology National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. The NPDES permit requires permittees to conduct regular inspections and maintenance of stormwater catch basins, inlets, manholes, and vaults owned and operated by the City of Federal Way. Regular maintenance of this infrastructure includes vactoring out sediment through the use of an industrial eductor unit, commonly referred to as a vactor truck. A vactor truck is also used by the SWM crew to restore flow in drainage system pipes that have been blocked by roots, sediment and other debris. The high velocity water is essential to reducing the risk of flooding as a result of blocked systems. As the City currently does not have in-house vactor capability, SWM staff is seeking authorization to bid a surface water maintenance and services contract for fiscal years 2020 and 2021, with an annual option to extend the contract by mutual agreement of both parties for a total contract period of three years. The current contract was awarded November 2018 for $218,592.00 with the option to extend the contract for an additional year with agreement of both parties. While the current contract is not set to expire until December 31, 2020, the contract amount is estimated to be expended by March 2020. SWM Staff do not recommend amending the 2019 contract to continue service with the current service provider. As a result, Staff is requesting authorization to bid for a new contract. COUNCIL MEETING DATE: January 7, 2020 ITEM #:-59— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: CREATING AN ADVISORY COMMITTEE FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2 AND ESTABLISHING THE DUTIES THEREOF POLICY QUESTION: Should Council approve a Resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof? COMMITTEE: Land Use & Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Program Coordinator vtj� DEPT: Public Works Attachments: Staff Report Proposed Resolution Options Considered: 1. Approve the proposed resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof. 2. Do not approve the proposed resolution and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. MAYOR APPROVAL.. , %% k� `l � DIRECTOR APPROVAL: � ► Lti � 11 ntmit , " cd Initial/Date Initial/Date tnitia (Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 7, 2020 consent agenda for approval. ommittee Member PROPOSFFD COUNCIL MOTION: "I move approval of the proposed resolution. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works DirectoV4 Leah Myhre, Water Quality Program Coordinator I.NM SUBJECT: Resolution creating an Advisory Committee for the North Lake Management District Number 2 and establishin the duties thereof FINANCIAL IMPACTS: North Lake Management District Number 2 (NLMD) activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments, and thus will have no direct financial impacts on the City. BACKGROUND INFORMATION: On October 1, 2019, City Council adopted Ordinance Number 19-876 renewing the North Lake Management District Number 2 ("District") for a duration of ten (10) years (2020 — 2029). Pursuant to RCW 36.61.120 and RCW 36.61.140, all public notice and hearing requirements for establishing the special assessment roll of rates and charges for the District have been satisfied. The final step in the renewal process involves establishing a North Lake Management District Advisory Committee (NLAC), which will represent the property owners of the District. The NLAC will be established to: (1) at the beginning of each calendar year, discuss with the City the proposed annual work plan consistent with the lake management goals outlined in the 2004 North Lake Integrated Aquatic Vegetation Management Plan and subsequent Annual Reports (2005-2018), incorporated as Resolution Number 19-764, Exhibit B; (2) provide input and suggestions to the City regarding implementation of the District's annual work plan; (3) work with the City in the preparation of any educational materials related to North Lake and the District; (4) at the end of each calendar year, provide input to the City on the preparation of an annual report to the City of Federal Way City Council regarding progress on the District's work plan and the health of the lake; and, (5) support an annual public meeting to brief property owners within the District on the contents of the annual report and related District activities. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, creating an Advisory Committee for the North Lake Management District Number 2 and establishing the duties thereof. WHEREAS, on October 1, 2019, the City Council of the City of Federal Way adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 for the purpose of generating revenue to provide ongoing aquatic vegetation management, community education, and other related projects; and WHEREAS, on May 21, 2019, the City Council of the City of Federal Way approved Resolution No. 19-75 8 stating that, attendant to the renewal of the North Lake Management District Number 2 is the creation of an Advisory Committee. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Creation and Purpose. The North Lake Management District Advisory Committee is created to represent the property owners of the North Lake Management District Number 2 ("District") and advise City Council. The purpose of the Advisory Committee is to represent the property owners of the District to the City Council and (1) each spring, discuss with the City the proposed annual work plan consistent with Ordinance No. 19-876 and the 2004 North Lake Integrated Aquatic Vegetation Management Plan and subsequent Annual Reports (2005-2018), or the successors to those documents, (2) provide input and suggestions to the City regarding the implementation of the District's annual work plan; (3) work with the City in the preparation of any educational materials related to North Lake and the District; (4) each winter, review and provide Resolution No. 20- Page 1 of 5 input to the City on the preparation of an annual report to the City Council of the City of Federal Way regarding progress on the District's work plan and the health of the lake; and (5) support an annual public meeting to brief District members on the annual report and related District activities. Section 2. Membership. A. Qualifications. Members of the Advisory Committee shall be selected from individuals who own property or represent government or commercial entities that own property within the District. The intent of the selection process shall be to proportionally represent the various property types identified in the District's assessment roll. B. Number of Members and Terms. 1. Members. The Advisory Committee will be made up of seven (7) members: five (5) representing developed or vacant properties zoned for single family residential use, one (1) representing the Washington Department of Fish and Wildlife, and one (1) representing the properties formerly owned by the Weyerhaeuser Corporation. 2. Term. Each member shall serve a term of two years, except that the first members shall be appointed for different terms as follows: the member representing the Washington Department of Fish and Wildlife and two members representing single family properties to serve for a period of three years, and the remaining members to serve for a period of two years. a. Term Limits. No vacant property owners shall serve longer than two Resolution No. 20- Page 2 of 5 (2) consecutive terms. C. AMointment. The City Council shall appoint members of the Advisory Committee following an open recruitment process. Committee members shall be selected without respect to political affiliations and shall serve without compensation. D. Removal. Members of the Committee may be removed by the Mayor of the City of Federal Way, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absences for more than three (3) consecutive regular meetings. The decision of the City Council regarding membership on the Committee shall be final and there shall be no appeal. Members finding that they are unable to attend regular meetings are expected to tender their resignation. E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments, as provided in this Resolution. F. Conflicts of Interest. Members of the Committee shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers; RCW 42.36, Appearance of Fairness; Federal Way Code of Ethics; and such rules and regulations as may be adopted by the City Council regulating the conduct of any person holding appointive office in the City. Section 3. Meeting Rules. A. Officers and Ouorum. The Committee shall organize and elect from its members a Chair, who shall preside at all meetings of the Committee, and a Vice -Chair. A Resolution No. 20- Page 3 of 5 majority of the Committee members shall constitute a quorum for transaction of business, and a majority vote of those present is necessary to carry any proposition. B. Meeting Schedule. The Committee shall determine a regular meeting schedule (time, place, and frequency), as necessary, but no less frequent than once every three (3) months. All meetings shall be open to the public. C. Procedures. The Committee shall adopt such rules and procedures as are necessary for the conduct of its business and shall keep summary notes of its proceedings. The written notes shall be a public record. Section 4. Staff Support. Administrative staff support to the Advisory Committee shall be provided by the City of Federal Way Public Works Director or her/his designee. Section 5. Sunset. The Advisory Committee shall terminate at the same time as the District authorization expires unless the District is in the process of renewal. In the case of renewal, the Advisory Committee shall not terminate until a new Advisory Committee is established under the renewed District. Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 20- Page 4 of 5 references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_ CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 20- Page 5 of 5 COUNCIL MEETING DATE: January 7, 2020 ITEM #:--511-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MILITARY RD S / S 298TH ST COMPACT ROUNDABOUT — PROJECT ACCEPTANCE POLICY QUESTION: Should City Council accept the Military Rd S / S 298th St Compact Roundabout project as complete? COMMITTEE: Land Use & Transportation MEETING DATE: December 2, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, PE, Senior Capital EngiAlsr DEPT: Public Works — Capital Projects Attachments: Land Use & Transportation Committee Memorandum dated December 2, 2019 Options Considered: 1) Authorize fmal acceptance of the Military Rd S / S 298th St Compact Roundabout constructed by Active Construction, Inc., in the amount of $711,527.20 as complete. 2) Do not authorize final acceptance of the completed Military Rd S / S 298th St Compact Roundabout as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 7, 2020 City Council consent agenda f' pproval. MAYOR APPROVAL: GJ �Ci/SI DIRECTOR APPROVAL: C mitte cou :I /// initiallDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 7, 2020 City Council consent agenda for approval. Mark Kappa , Committp hair J.' a ohnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the Military Rd S / S 298th St Compact Roundabout constructed by Active Construction, Inc. in the amount of $711,527.20 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director Christine Mullen, P.E., Senior Capital Engineer SUBJECT: Military Rd S / S 298th St Compact RoundabouT—roject Acceptance FINANCIAL IMPACTS: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. BACKGROUND INFORMATION: This project constructed a compact roundabout with fully mountable center island at the intersection of Military Rd S / S 298th Street. It also provided additional sidewalks, illumination, and ADA ramps. Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue, State Employment Security Department, and State Department of Labor and Industries requirements. The Military Rd S / S 298th St Compact Roundabout project constructed by Active Construction, Inc. is complete. The final construction contract amount is $711,527.20. This is $105,489.00 below the $817,016.20 (including contingency) budget that was approved by the City Council on October 18, 2018. This project was funded with a federal HSIP grant and REET funds. COUNCIL MEETING DATE: January 7, 2020 ITEM #: 5i_, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JOINT CONSTRUCTION AGREEMENT BETWEEN CITY OF FEDERAL WAY AND PUGET SOUND ENERGY POLICY QUESTION: Should the City Council authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for a portion of the 2020 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: 12/2/19 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Respju� on ❑ Other STAFF REPORTBY: John Cole, Capital Engineer � C'' DEPT: Public Works 1. ... ........ Attachments: Memorandum to Land Use and Tra sportation Committee dated December 2, 2019. Options Considered: 1. Authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the overlay of a portion of Pete Von Reichbauer Way. 2. Do not authorize the Mayor to execute the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the overlay of a portion of Pete Von Reichbauer Way and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7, 2020 Council Consent Agenda for appro 1. MAYOR APPROVAL: �+ 1 DIRECTOR APPROVAL: COf un. co ii Initial/Date lnitial�Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 7, 2020 consent agenda for approval. Mark Kopp Committeeair J e Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Joint Construction Agreement between the City of Federal Way and Puget Sound Energy for the 2020 Asphalt Overlay Program. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 4, 2019 TO: City Council VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Direct r John Cole, Capital Engineering SUBJECT: Puget Sound Energy Joint Construction Agreement — 2020 Asphalt Overlay Program FINANCIAL IMPACTS: Any costs incurred by the City for the construction of Puget Sound Energy's improvements, will be reimbursed as outlined in the Joint Construction Agreement. Upon completion of the project, the City will be reimbursed in full for costs associated with Puget Sound Energy's improvements. There are no impacts to future operations and maintenance funding as this is a repair of existing infrastructure. BACKGROUND INFORMATION: The estimated cost of the joint construction agreement is $381,080.60. This amount will be paid to the City of Federal Way to reimburse the City for design, construction, construction management, and project administration costs. Actual reimbursement costs for the joint construction agreement will be determined based on bid amounts from the selected contractor and actual costs incurred. Puget Sound Energy requested the City enter into a joint construction agreement for the overlay of a portion of Pete von Reichbauer Way S (from approximately 350 feet north of S. 320th St. to S. 316th St.) due to a gas main replacement. This will reduce both cost and extended public disruption of the area which is part of the 2020 Asphalt Overlay Program. A copy of the proposed agreement is attached to this memo. JOINT CONSTRUCTION AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND PUGET SOUND ENERGY FOR THE Restoration associated with PSEss Pete von Reichbauer Way S Gas Main Replacement (S 316th St. to S 319th (vic.)) THIS AGREEMENT is made and entered into this day of , 20_, by and between the City of Federal Way (hereinafter "City") and Puget Sound Energy (hereinafter "PSE"), collectively referred to herein as the "Parties." WHEREAS, the City proposes to proceed with the 2020 Asphalt Overlay Project; and WHEREAS, in connection with the Pete von Reichbauer Way S Gas Main Replacement Project being undertaken by PSE (hereinafter "PSE Project"), PSE will be required to complete restoration throughout its project limits; and WHEREAS, the City will be completing an overlay and associated restoration on Pete von Reichbauer Way S immediately adjacent to the PSE Project; and WHEREAS, PSE can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for PSE as described in Exhibit A, including letting a Public Works construction contract for asphalt overlay and additional restoration, providing design and construction management services, and providing Project administration in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GAS MAIN REPLACEMENT. SELECT GAS MAIN REMOVAL, AND PERMANENT PATCHING. PSE agrees to perform predesign/design and construction work for the replacement of its facilities and removal of all abandoned gas main at all street crossings as required in its right- of-way permit. PSE shall provide the City all drawings necessary to acquire a right-of-way permit and abide by all right of way permit requirements. PSE shall complete all permanent pavement patching in accordance to the right of way permit no later than April 1, 2020. BIDDING AND CONSTRUCTION FOR PAVEMENT RESTORATION - It is the intention of the City and PSE that the full -width asphalt overlay shall be incorporated into the City's 2020 Asphalt Overlay Contract Bid Documents as a separate bid schedule for the PSE Project in such manner as to allow identification of the PSE Work to be performed by the City on behalf of PSE. Restoration Agreement - Pete von Reichbauer Way S Page 1 November 2019 III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the performance of the PSE Work. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. PSE grants to the City Public Works Director and/or his or her designee authority to perform the PSE Work in accordance with the provisions of this Agreement. B. PSE shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the PSE Work, which changes shall be made, if feasible. The City shall notify PSE, in writing, of any changes required of the PSE Work and shall obtain PSE's approval of such changes. PSE's approval shall not be unreasonably withheld. PSE shall be responsible for all costs incurred by the City, directly or indirectly, as a result of changes to the PSE Work that are requested or approved in writing by PSE. IV. PAYMENT. A. PSE shall reimburse the City for all actual costs incurred by the City in performing the PSE Work, which costs shall include but are not limited to the PSE Work performed by the Project contractor(s), all PSE and City requested changes as agreed upon per Section III (B) of this Agreement, and PSE's cost of the City services described in Paragraph III (A) herein, all as more particularly described in Exhibit A. B. All payments shall be due from PSE to the City within thirty (30) days after PSE receives invoice(s). Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold PSE, its officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. PSE agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of PSE, its agents or employees, or by PSE's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the PSE Project and Restoration Agreement - Pete von Reichbauer Way S Page 2 November 2019 may be extended for additional periods of time upon mutual written agreement of the City and PSE. VII. OTHER PROVISIONS. A. Upon completion of the construction and City's acceptance of the PSE Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to PSE for any final payment due. B. This Agreement contains the entire agreement of the City and PSE, and supersedes all prior discussions between them, with regard to the City's performance of the PSE Work for the project. For the avoidance of doubt, nothing in this Agreement will alter, amend or supersede any franchise or other written agreement between the City and PSE; rather, the same will remain in full force and effect in accordance with their respective terms. This Agreement may be amended only in writing, signed by both Parties. C. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. Restoration Agreement - Pete von Reichbauer Way S Page 3 November 2019 IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98063-6325 (253) 835-2401 APPROVED AS TO FORM: City Attorney ATTEST: Stephanie Courtney, City Clerk PUGET SOUND ENERGY Andy Markos Manager, Municipal Relations 3130S.38 th St. TAC -01 Tacoma, WA 98409 (253) 380-6903 APPROVED AS TO FORM: Puget Sound Energy General Counsel Restoration Agreement - Pete von Reichbauer Way S Page 4 November 2019 Exhibit A Estimated Costs Asphalt Overlay for the Pete von Reichbauer Way S Gas Main Replacement (S 316th St. to S 319th (vic.)) ESTIMATED CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCL-UDNVGPUGE-T—SOUND ENERGY -GAS ASPHAL T OVERLA Y IN THE CITY'S 2020 ASPHALT OVERLAY PROJECT Pete von Reichbauer Way S Gas Main Replacement (S 316th St. to S 319th (vic.)) Item No. Item Description Approx. Qty Unit Unit Price I Total Bid 1 Mobilization 1 LS $31.108.62 531,108.62 2 Flaggers 450 HR $62,00F $27,900.00 3 Other Traffic Control Labor 100 HR $75.00 $7,500.00 4 1 Off Duty Uniformed Police Officer 1 FA 1 57,200.00 $7,200.00 5 Portable Changeable Message Sign 32 DAY $100.00 $3,200.00 6 Roadside Cleanup 1 FA $3,000.00 $3,000.00 7 Asphalt Conc. Pavement Sawcutting 30 LF $4.00 $120.00 8 Cement Conc. Sawcutting 175 LF $5.00 $875.00 9 Roadway Excavation Incl. Haul 105 CY $40.00 $4,200.00 10 Planing Bituminous Pavement 5,300 SY $4.50 $23,850.00 11 HMA Class 1/2" PG 581-1-22 825 TN , $90.00 $74,250.00 12 1 HMA Class 1/2" PG 581-1-22 for Pavement Repair & Roadway Widening 105 TN $140.00 $14.700.00 13 1 Utility Adjustment 5 EA $1,000.00 $5,000.00 14 Sod Lawn, Incl. 4 I Topsoil 30 SY $70.00 $2,100.00 15 Raised Pavement Marker, Type 2 3 HUND 5500.00 $1,500.00 16 Hydrant Marker, Type 2B 4 EA $20.00 $80.00 17 Adjust Monument Case & Cover 3 EA $500.00 $1,500.00 18 Cement Conc. Curb Ramp Type 1 Parallel 10 EA $7,000.00 $70,000.00 19 Detection Loops 8 EA $930.00 57,440.00 20 Plastic Traffic Arrow 6 EA $150.00 $900.00 21 Painted Bike Symbol 6 EA $160.00 $960.00 22 Painted Line 2,875 LF $0.50 $1,437.50 23 Painted Edge Line 412 LF $0.50 5206.00 24 Painted Wide Line 240 LF $1.00 $240.00 25 Plastic Crosswalk Line 135 LF $6.00 $810.00 26 Plastic Stop Line 27 LF $10.00 $270.00 Subtotal= Design = Engineer (Construction Management) = Project Total (Design + Construction) = 5% Project Administration = Project TOTAL= 5290,347.12 $29,034.71. $43,552.07 $362,933.90 $18,146.70 $381,080.60 NOTE: "Costs presented are estimates only. Actual field measured quantities and unit bid prices of contract awarded to lowest responsive responsible bidder will be used to calculate final cost of Puget Sound Energy's reimbursement to the City. Restoration Agreement - Pete von Reichbauer Way S Page 5 November 2019 COUNCIL MEETING DATE: January 7, 2020 ITEM #: 5i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 ASPHALT OVERLAY PROJECT —FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huy, P ECapital n 4 DEPT: Public Works Engineer _ _...... .. .._- Attachments: Memorandum to Land Use and Transportation Committee dated December 2, 2019. Options Considered: 1. Authorize final acceptance of the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. in the amount of $1,420,082.78 as complete. 2. Do not authorize final acceptance of the completed 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7, 2020 Council Consent Agenda for aper al. MAYOR APPROVAi 9Z, - c) DIRECTOR APPROVAL: CADUFpflr Initial/Date InitiaVDate COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. 9 Con e Chair mmittee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2019 Asphalt Overlay Project constructed by Miles Resources, LLC. in the amount of $1,420,082.78 as complete. " (6EUJ1$ -TO BE COMPLETED B17 CITY CLERK".S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 4eV4 Z --T Jeff Huynh, Capital Engineer Q" SUBJECT: 2019 Asphalt Overlay Project — Final Acceptance Financial Impacts This is the acceptance of construction as complete, therefore no additional funds are proposed to be spent as part of this agenda item. Background Information: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2019 Asphalt Overlay Project contract with Miles Resources, LLC. is complete. The final construction contract amount is $1,420,082.78. This is $36,184.22 below the $1,456,267 (including contingency) budget that was approved by the City Council on March 19, 2019. Rev. 7/18 COUNCIL MEETING DATE: ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 STORM PIPE REPAIR PHASE 1— PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the 2019 Storm Pipe Repair Phase 1 constricted by Nordvind Sewer Service, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith P.E., Senior Capital Engineer "IeS DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated December 2, 2019 Options Considered: 1. Authorize final acceptance of the 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. in the amount of $87,251.92 as complete. 2. Do not authorize final acceptance of the completed 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 7, 2020 City Council Consent Agenda f9f approval. MAYOR APPROVAL: f/ !� DHtECTOR APPROVAL: Cn i4lIG :7uncil ��r�r 1"iu!i;�11]:s[• [nitiaUD is fnslsnl+'lbw I COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. Mark Koppang, Committee Chair Jesse Johnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2019 Storm Pipe Repair Phase I constructed by Nordvind Sewer Service, LLC. in the amount of $87,251.92 as complete" (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor 44't'— FROM: E.J. Walsh, P.E., Public Works Director Kent Smith, P.E., Senior Capital Engineer.,gob SUBJECT: 2019 Storm Pipe Repair Phase 1 — Project Acceptance Financial Impacts: The cost to the City for the 2019 Storm Pipe Repair Phase 1 was authorized under the 2017 Surface Water Management (SWM) CIP budget update (304, Project 288) with an estimated budget of $100,000. SWM staff requested additional funding for this project as the cost of the pipe rehabilitation is higher than originally estimated. Under the 2019 budget adjustment, SWM has requested a transfer of $79,000 from the remaining balance of the recently completed Lakota Wetland Berm Repair project (304, Project 283) to this project. In accordance with the approved budget, this item is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Public Works Department Surface Water Management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. PROJECT FINAL EXPENDITURES: Construction $87,251.92 Total Project Costs $87,251.92 AVAILABLE FUNDING: Budgeted by 2017 SWM CIP Update $100,000.00 SWM Fund 304 Transfer $79,000.00 Total Available Funding $179,000.00 Background hiformation: This Project will repair deteriorated storm water pipes. These pipes were identified by the 2018 Storm Drain CCTV Inspection and Assessment project. The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the project is to proactively inspect storm drain assets and identify maintenance and repair needs before they cause flooding and/or other damage. The project has identified numerous deteriorated pipes that are in need of repair. The project for repairing these deteriorated pipes has been divided into two phases. Phase I will included the pipes that must be repaired with the open cut method. Phase II will repair the pipes with a more cost effective trenchless method. The Phase II project is currently out to bid and staff will return to Council at a later date for bid award. Rev. 6/2019 December 2, 2019 Land Use and Transportation Committee 2019 Storm Pipe Repair Phase 1 — Project Acceptance Page 2 Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2019 Storm Pipe Repair Phase 1 constructed by Nordvind Sewer Service, LLC. is complete. The final construction contract amount is $87,251.92. This is $968.08 below the $88,220.00 (including contingency) budget that was approved by the City Council on June 15, 2019. Financial Impacts: This is the acceptance of construction as complete, and therefore no additional funds are proposed to be spent as part of this agenda item. COUNCIL MEETING DATE: January 7, 2020 ITEM #:--5,1-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2018 NHS PRESERVATION PROJECT — FINAL ACCEPTANCE POLICY QUESTION: Should the Council accept the 2018 NHS Preservation Project constructed by Miles Resources, LLC. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Dec. 2, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Hu Ca Capital Engineer DEPT: Public Works y�� P g ,. _. _ ,_ Attachments: Memorandum to Land Use and Transportation Committee dated December 2, 2019. Options Considered: 1. Authorize final acceptance of the 2018 NHS Preservation Project constructed by Miles Resources, LLC. in the amount of $2,523,274.31 as complete. 2. Do not authorize final acceptance of the completed 2018 NHS Preservation Project constructed by Miles Resources, LLC. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the January 7, 2020 Council Consent Agenda for appro� l MAYOR APPROVAL: DIRECTOR APPROVAL: COMTOttue ('uurr I T Initial/Date Inilin ; Dalc lnitiavDate COMMITTEE RECOMMENDATION: I move to forward Option I to the January 7, 2020 consent agenda for approval. ComplViAce Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2018 NHS Preservation Project constructed by Miles Resources, LLC. in the amount of $2,523,274.31 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director'"�� Jeff Huynh, Capital Engineer . SUBJECT: 2018 NHS Preservation Project — Final Acceptance Financial Impacts: This is the acceptance of construction as complete, therefore no additional funds are proposed to be spent as part of this agenda item. Backp_round Information: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The 2018 NHS Preservation Project contract with Miles Resources, LLC. is complete. The fmal construction contract amount is $2,523,274.31. This is $277,225.69 below the $2,800,500.00 (including contingency) budget that was approved by the City Council on June 19, 2018. Rev. 7/18 COUNCIL MEETING DATE: January 7, 2020 ITEM #: 6—a-- ........... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDING THE GOGEL LAWSUIT. POLICY QUESTION: Should the City Council approve the proposed settlement agreement regarding the Gogel lawsuit? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, Attorney DEPT: Law Attachments: Staff Report Options Considered: 1. Approve the agreed upon settlement in the matter of Gogel vs. City of Federal Way. 2. Refuse theproposed settlement and provide staff with directions. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A DIRECTOR APPROVAL: ��C, Committee Cnts it l l ri i.lil)aer Initial/Date fniliay ];nv COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed settlement in the matter of Gogel vs. City of Federal Way in the amount of $25, 000. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 7, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ryan Call, City Attorney Eric Rhoades, Assistant City Attorney SUBJECT: Gogel Settlement Agreement Financial Impacts: The City will pay $25,000 for general and special damages from its Risk Management Funds in exchange for a Release of All Claims against the City. Background Information: In June, 2019, Mr. Gogel served a lawsuit upon the City for personal injuries, and pain and suffering as a result of a pedestrian vs. vehicle collision with Officer Winnings on January 3, 2017. Mr. Gogel alleged he had a walk signal when he entered the crosswalk and was struck by Officer Winnings when he was about halfway in lane two of the EB lanes. Mr. Gogel stated to several first responders that he saw the patrol vehicle but believed it to be going straight through the intersection. At the time of the collision Mr. Gogel was wearing headphones and listening to music. The parties agreed to a settlement subject to Council approval of $25,000. Rev. 7/18 COUNCIL MEETING DATE: January 7, 2020 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2 POLICY QUESTION: Should Council adopt an Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2? COMMITTEE: Land Use & Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Coordinator UM DEPT: Public Works Attachments: Staff Report Proposed Ordinance Options Considered: 1. Adopt the proposed Ordinance. 2. Do not adopt ther� oposed Ordinance and provide direction to staff. MAYOR'S RF.0011111ii'N)A-VI0V: Option 1. MAYOR APPROY.1 L. ` /-� R DIRECTOR APPROVAL: �� Lill .7 l� I ��� .nSiallDalc 'I:il:a;t7atc Initial/Date „II COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 7, 2020. 00 Mark hc�Q i. Committee, i�air J. se ohnson, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JANUARY 7, 2020): "I move to forward approval of the ordinance to the January 21, 2020 Council Meetingfor enactment. " SECOND READING OF ORDINANCE (JANUARY 21, 2020): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leah Myhre, Water Quality Program Coordinator W SUBJECT: Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annualspecial assessments for the North Lake Management District Number 2 FINANCIAL IMPACTS: North Lake Management District Number 2 (NLMD) activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments, and thus will have no direct financial impacts on the City. BACKGROUND INFORMATION, At the May 21, 2019 City Council meeting, a public hearing date concerning the renewal of the NLMD was set for July 16, 2019, and a resolution of intent to reform the NLMD was adopted. Following the public hearing on July 16, 2019, City Council adopted a resolution to renew the NLMD and call for a vote by the affected property owners on the renewal of the proposed district. Ballots were mailed out on July 31, 2019 based on criteria in RCW 36.61.080. Valid ballots submitted prior to the voting deadline of 5:00 P.M. on August 23, 2019 were tabulated, and pursuant to RCW 36.61.090, the NLMD is approved through a simple majority of votes cast in favor of the renewal. At the October 1, 2019 City Council meeting, Council adopted Ordinance Number 19-876 to renew the NLMD and set a public hearing on the assessment roll for the district for November 5, 2019. During the public hearing on November 5, 2019, Council approved Resolution 19-773 approving and confirming the special assessment roll for the North Lake Management District Number 2. In addition to establishing the special assessment roll of rates and charges, an Ordinance establishing the time of payment, interest, and penalties for assessments must be adopted by City Council, pursuant to RCW 35.21.403 and RCW 36.61.200. The proposed Ordinance will establish May 10th of each year as the due date for all annual assessments, will impose interest in the amount of one percent (1%) per month on the balance of any delinquent special assessments, and establish the penalty for late payment as the minimum allowed by RCW 36.61.200, which is five percent (5%) of the delinquent special assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parcels of land, and other properties within the special assessment roll that fail to pay their special assessments, penalties, and interest. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2. WHEREAS, on October 1, 2019, the City of Federal Way City Council adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 ("District") and setting a public hearing on the assessment roll for the District; and WHEREAS, the hearing notice requirements of Chapter 36.61 RCW were satisfied and provided an opportunity for each property owner within the District to evaluate the special assessment roll and the proposed assessment for their property or properties; and WHEREAS, on November 5, 2019, the City of Federal Way City Council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the special assessment roll. At the public hearing, testimony in favor of the assessment roll was provided by the Chair of the current North Lake Management District Advisory Committee; and WHEREAS, at the public hearing on November 5, 2019, there were no objections made to the special assessment roll for the District; and WHEREAS, on November 5, 2019, the City of Federal Way City Council approved Resolution No. 19-773 approving and confirming the special assessment roll for the purpose of imposing annual special assessments on property owners within the District; and WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City of Federal Way City Council must establish by ordinance the interest and penalties to be imposed on delinquent annual assessments. Ordinance No. 20- Page I of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delinquent Annual Special Assessments. Annual special assessment payments are due on the tenth (10th) day of May each year. Interest in the amount of one percent (1%) per month shall be imposed on the balance of delinquent special assessments. Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within the North Lake Management District Number 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes. The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shall extend to public property subjected to special assessments. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 20- Page 2 of 3 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20- Page 3 of 3