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 #
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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
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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 #
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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 #
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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.
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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.
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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.
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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.
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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;
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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;
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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.
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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;
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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:
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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:
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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
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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