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PRHSPSC PKT 01-14-2020City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee January 14, 2020 City Hall 5:00 p.m. City Council Chambers 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description MEETING AGENDA Presenter Page Action or Info A. Approval of December 10, 2019 Minutes 3 Action B. Report on Crime Statistics and Jail Services Hwang N/A Information C. Regency Cleaners Amendment #4 for Police Uniform Hwang 7 Action and Dry Cleaning D. Monthly Report on PAEC Operations Gressett N/A Information E. After School Programs Contract with WA State Bridgeford 13 Action Department of Commerce F. Human Services General Fund Strategies Bridgeford 31 Action G. 2020 Parks & Recreation Commission Work Plan H. Janitorial Services Contract I. Parks Property Tax Levy Agreement J. FieldTurf USA, Inc. Retainage Release Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2020\01-14-2020 Agenda.doc Gerwen 37 Action Gerwen 39 Action Ikerd 59 Action Ikerd 61 Action Council Date N/A N/A Consent 1/21/20 N/A Consent 1/21/20 Consent 1/21/20 Consent 1/21/20 Consent 1/21/20 Consent 1/21/20 Consent 1/21/20 City staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II 5. OTHER Topic Title/ Description Presenter Information Time 6. ADJOURNMENT NEXT REGULAR MEETING: February 11, 2020 The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.cityoffederalway.com. Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore K:\PRHSPS Committee\2020\01-14-2020 Agenda.doc City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II City. ofl~ederal Way City Council PARKS, RECREATION. HUMAN SERVICES & PUBLIC SAFETYCOUNCIL COMMITTEE Tuesday December 10, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee members Koppang and Moore Council Members in Attendance: Deputy Mayor Honda Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Chief Andy Hwang, John Hutton, Parks Director, Cody Geddes, Recreation Manager, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant Il. Guests: Brian Hoffman, Spectra General Manager, Dan Hershman, Arts Commission Chair Chair Johnson called the meeting to order at 5:03pm Commission Comment: None Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the November 12, 2019 minutes as written. Committee member Moore seconded. Motion passed. Monthly Report on PAEC Operations — Information Only Staff Gressett provided the background information. The PAEC was rented / utilized a total of 10 days for the month of November. Staff Gressett reviewed the Theater and the Event space rentals. Total number of events for November 2019 is down from 2018, however the overall rental revenue and food and beverage revenue has increased. Chair Johnson inquired about the marketing for upcoming events. Mr. Hoffman answered that the upcoming events are rentals or a special user group and they handle their own marketing. Deputy Mayor Honda inquired about the naming rights. Mr. Hoffman answered that they are continuing to move forward with the discussions and they recently hired an Assistant General Manager for Food and Beverage to assist with the day to day operations which will allow Mr. Hoffman to focus on naming rights. They are working on lower level partnerships that they are hoping to finalize and bring a report back in January. Arts Commission 2020 Work Plan Staff Geddes presented the Arts Commission 2020 Work Plan. Deputy Mayor Honda inquired about the Piano in the Park program. She asked if the issues that occurred last summer were going to be addressed. Staff Geddes answered that the Piano in the Park is still on the Work Plan, but if they are unable to address the staffing then they would have to make the decision on whether or not to promote that program. Mr. Hershman added that he wanted to include this program in the Work Plan, recognizing the issues they had last year. The two requirements that need to be in place for the program to continue are to have park personnel available to secure the piano in the evening and restricting the time use of the piano. The piano would be available for a three week period during the sunny season; approximately the end of July to the middle of August. Deputy Mayor Honda and the committee asked questions regarding other projects on the Work Plan. Committee member Koppang moved to approve the Arts Commission 2020 Work Plan and forward to the January 7, 2020 City Council consent agenda for approval. Committee member Moore seconded. Motion passed. K:\PRHSPS Committee\2019\12-10-2019 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2019 Summary Page 2 Arts Commission 2020 Contract for Services Staff Geddes reviewed the 2020 allocations with the committee. Committee member Moore asked for information on Northwest Symphony and the Rosebud Children's Theatre. Mr. Hershman answered that the Northwest Symphony is an organization that performs in various locations such as the Highline Performing Arts Center, Benaroya Hall, and some Church events. The symphony has done a program the last few years working closely with the Highline School District; they do a family concert where students from the music programs in the Highline School District perform with the Northwest Symphony at the concert hall. They also work with the students in small and large groups. Mr. Hershman has asked the Northwest Symphony if they could also extend this service to the Federal Way School District students as well. They have done a program for the last three years; it involves both Highline and Federal Way students. The conductor and musicians come to the schools and work with the students. The Northwest Symphony is asking for funding to compensate for the costs of performing in the PAEC Performance Hall. The Rosebud Theatre has been active in Federal Way for numerous years and they put on special performances for elementary students and high school students at various times of the year. They also have a drama camp at the Federal Way Community Center. Committee member Moore asked for data on the youth served by the Northwest Symphony. Mr. Hershman answered that he does not have this information at this time. Deputy Mayor Honda inquired as to why the Children's Dance Theater requested $5000 and received $0.00 in funding. Mr. Hershman stated that they are a new organization and that at the time the interviews were conducted they did not have their non-profit status and this was an issue to some of the commissioners. Their dance instruction is for-profit and it runs parallel to the non-profit of the actual performances. Committee member Moore stated that he is comfortable with the Contract for Services but stated that it's important that funding from the City of Federal Way serves Federal Way organizations that are based in Federal Way. Staff Geddes stated that the Arts Commission does their due diligence and that there is a lot of debate and they put in a lot of their time and effort to make sure that the funding is used the right way. Committee member Koppang added that it's important to consider that not every organization that effectively serves the arts community in Federal Way is based in Federal Way, but they're still doing good work. Committee member Koppang stated that funding has been flat or gone down in the last six years. He asked what additional funding would mean to the Arts Community. Mr. Hershman answered that the total dollar amount requested was $95,017.00 and the total amount available was $40,500.00; there is a deficit that is not being addressed. The arts community is maturing and as a consequence there are more organizations asking for money. Committee member Koppang moved to approve the 2020 Arts Commission Contract for Services funding recommendations and forward to the January 7, 2020 City Council consent agenda. Chair Johnson seconded. Motion passed. Committee member Moore recused himself. PSERN Radio End -User Service Level Agreement Puget Sound Emergency Radio Network (PSERN) is an emergency radio system that's used by first responders and encompasses 39 cities in King County. The voters approved to replace the aging radio communication system with a modern, reliable network. This will improve the radio system in Federal Way. The entire project will be completed in July of 2022. This is a service agreement and there is not cost associated with the agreement. Committee member Moore moved to forward the proposed PSERN radio end-user service level agreement to the January 7, 2020 consent agenda for approval. Committee member Koppang seconded. Motion passed. 4 _ PARRS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2019 Summary Page 3 Agreement between the WTSC and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement Chief Hwang stated that the Federal Way Police Department is asking for approval to enter into an agreement with the Washington Traffic Safety Commission to accept a grant in the amount of $19,000 to conduct extra traffic emphasis patrol. The areas of enforcement will focus on impaired driving, seatbelt use, distracted driving, motorcycle safety and Target Zero Teams. This will pay for overtime for the extra enforcement. Committee member Moore moved to forward the Agreement between WTSC and the Federal Way Police Department to the January 7, 2020 Council Consent Agenda for approval. Committee member Koppang seconded. Motion passed. NEXT REGULAR MEETING January 14, 2020 ADJOURNMENT Meeting adjourned at 5:51p.m. This Page Left Blank Intentionally COUNCIL MEETING DATE: January 21, 2020 ..ITEM # CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REGENCY CLEANERS AMENDMENT #4 GOODS AND SERVICES FOR POLICE UNIFORM AND DRY CLEANING POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department extend the original 2014 Regency Cleaners Agreement to June 30, 2020 with Amendment #4? COMMITTEE: Parks, Recreations, Human Services and Public Safety MEETING DATE: Jan. 14, 2020 Council Committee — (PRHS&PSC) CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Diane C. Shines, Records Administrator DEPT: Police .. _...... ........_... ............... ....... ... ...... ........... .............................. ............_............._.._........._ ..... __.................... ..... Attachments: 1. PRHS&PSC Staff Memo 2. Amendment #4 Goods and Services for Police Uniform and Dry Cleaning Options Considered: 1. Approve Amendment #4 2. Do notaP.prove Amendment #4 .......... .............................................................................................................................................................................................................................................................................._.............................................._..................._......................._......._........................ _................. _.............. - ........................................................ MAYOR'S RECOMMEND TION: 1— Approve the Amendment #4 request MAYOR APPROVAL: , 0 DIRECTOR APPROVAL: m tteeounoi Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Amendment #4 to the Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning to the January 21, 2020 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Amendment #4 to the Regency Cleaners Good and Services Agreement for Police Uniform and Dry Cleaning, and authorize the Mayor 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 ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # 7 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 14, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Regency Cleaners Amendment 44 to the Goods and Services Agreement for Police Uniform and Dry Cleaning. The Federal Way Police Department (FWPD) entered into a Goods and Services Agreement with Regency Cleaners Enterprises for Police Uniform and Dry Cleaning on February 6, 2014. We are requesting an extension to that agreement. Amendment #1 extended the term of the agreement through December 31, 2016. Amendment #2 extended the term of the agreement through January 31, 2018, and also amended the compensation. Amendment #3 extended the term of the agreement through December 31, 2019, and amends the total compensation to be no more than $40,000 for 2017-2019. Amendment #4 extends the term of the agreement through June 30, 2020. 0 1 8 CITY OF CIN HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253)835-7000 ►vtinv. utyol/edernlwiry. corn AMENDMENT NO.4 TO GOODS AND SERVICES AGREEMENT FOR POLICE UNIFORM AND DRY CLEANING This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Regency Cleaners Enterprises, LLC, a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Police Uniform and Dry Cleaning ("Agreement") dated effective February 6, 2014, as amended by Amendment No(s). 1, 2, and 3 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than June 30, 2020 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-4, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - t - 3/2017 CITY OF CITY HALL. Federal Wa33325 8th Avenue South y Federal Way, WA 98003003 6325 J (253) 835-7000 mvw crtyolfedera!miy. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: REGENCY CLEANERS ENTERPRISES, LLC: 12 By: f Printed Name: S t-1 r�i �� l K A -IV � Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Cali, City Attorney On this day personally appeared before me Shallina Lakhani, to me known to be the President of Regency Cleaners Enterprises, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires AMENDMENT -is- 3/2017 ` CITY OF CITY HALL Fed a ra I Way (253) 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 w%m i"Aederahmy. com EXHIBIT B-4 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City is not adding any additional compensation and shall pay the Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment an amount not to exceed Seventy -Five Thousand and NO/100 Dollars ($75,000.00). The listed prices do not include applicable sales tax, which will be added to each monthly invoice sent to the City. 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the rate schedule shown below: Item: Price: Pants DC $4.00 Shirts DC $4.00 Overall $5.25 Shirts Laundered $2.00 Pants Laundered $4.00 Skirts DC $4.00 Jackets DC $4.00 Blouses $4.00 Ties $2.00 Misc. Priced as Received AMENDMENT 1_� - 3/2017 This Page Left Blank Intentionally 12 SUBJECT: AFTER SCHOOL PROGRAMS CONTRACT WITH WA STATE DEPARTMENT OF COMMERCE POLICY QUESTION: Should the City enter into an agreement with the Washington State Department of Commerce to accept grant funds totaling $142,500 in support of After School Programs? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development ........ Y ........ ......... ... .......... ................ ... Attachments: 1. Staff report 2. Contract Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: •I - q DIRECTOR APPROVAL: Comp ee Counci Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the January 21, 2020 consent agenda for approval. Committee Member Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. 13 (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 # 13 CITY OF FEDERAL WAY MEMORANDUM DATE: December 23, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: After School Programs Contract with WA State Department of Commerce Financial Impacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. In accordance with the approved budget, this item is a grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00. The funds will reimburse the City for grants provided to after school programs. Upon completion of the grant period (July 1, 2019 through June 30, 2021), there are no anticipated future costs. The funded afterschool programs could be funded via the City's established competitive grant processes or other mechanism determined at that time. Background Information: The Washington Legislature provided $150,000 for after school programs in Federal Way. $142,500.00 is available to the City and will be provided to non -profits providing after school programs in the City. The funds are responding to a recommendation of the Violence Prevention Coalition Steering Committee (VPCSC). The City completed a competitive grant Request for Proposal (RFP). Two members of the VPCSC and two Human Services Commissioners reviewed and evaluated applications and made recommendations for funding. The contracts with agencies are being negotiated and drafted and will be presented to Council in February. The recommendations for funding are as follows: • Boys and Girls Club in the amount of $35,358 for January 1, 2020 through June 30, 2020 and $35,358 for July 1, 2020 through June 30, 2021. • Phenomenal She in the amount of $35,892.00 for January 1, 2020 through June 30, 2020. • El Centro de la Raza for in the amount of $35,892 for July 1, 2020 -June 30, 2021; El Centro de la Raza applied for funds only for the second period. 14 Rev. 7/18 Aft ftik Department o s - Services Contract with City of Federal Way Through Community Economic Opportunities Unit For Pilot Program to support and supplement after-school educational and recreational activities to provide a safe environment for local community youth Start date: July, 1, 2019 15 S20-32102-01 THIS PAGE INTENTIONALLY LEFT BLANK 16 Table of Contents Special Terms and Conditions........................................................................................ 1 FaceSheet............................................................................................................ 1 1. Contract Management............................................................................. 2 2. Compensation..........................................................................................2 3. Billing Procedures and Payment.............................................................. 2 4. Subcontractor Data Collection.................................................................. 3 5. Insurance................................................................................................. 3 6. Order of Precedence................................................................................ 3 General Terms and Conditions....................................................................................... 4 1. Definitions................................................................................................4 2. Access to Data........................................................................................ 4 3. Advance Payments Prohibited................................................................. 4 4. All Writings Contained Herein.................................................................. 4 5. Amendments........................................................................................... 4 6. Americans With Disabilities Act (ADA) ..................................................... 4 7. Assignment..............................................................................................4 8. Attorneys' Fees........................................................................................4 9. Confidentiality/Safeguarding of Information ............................................. 5 10. Conflict of Interest.................................................................................... 5 11. Copyright.................................................................................................5 12. Disputes.................................................................................................. 6 13. Duplicate Payment.......................................................................I...........6 14. Governing Law and Venue...................................................................... 6 15. Indemnification........................................................................................7 16. Independent Capacity of the Contractor ................................................... 7 17. Industrial Insurance Coverage.................................................................7 18. Laws........................................................................................................7 19. Licensing, Accreditation and Registration ................................................ 7 20. Limitation of Authority.............................................................................. 7 21. Noncompliance With Nondiscrimination Laws .......................................... 7 22. Pay Equity............................................................................................... 8 23, Political Activities..................................................................................... 8 24. Publicity...................................................................................................8 25. Recapture................................................................................................8 26. Records Maintenance..............................................................................8 27. Registration With Department of Revenue ............................................... 9 28. Right of Inspection....................................................................... 9 29. Savings....................................................................................................9 30. Severability..............................................................................................9 31. Site Security............................................................................................ 9 32. Subcontracting......................................................................................... 33. Survival....................................................................................................9 34. Taxes...................................................................................................... 9 35. Termination for Cause........................................................................... 10 36. Termination for Convenience................................................................. 10 37. Termination Procedures........................................................................ 10 38. Treatment of Assets............................................................................... 11 39. Waiver...................................................................................................11 AttachmentA, Scope of Work....................................................................................... 12 AttachmentB, Budget................................................................................................... 13 S20-32102-01 17 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit S20-32102-01 18 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 811 Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Sarah Bridgeford Karen Dunn PO Box 42525 City of Federal Way — Community Services Program Manager 9011 Plum Street SE 253-835-2420 360-725-2822 Olympia, WA 98504-2525 Sarah. Bridgeford@cityoffederalway.com Karen. Dunn@Commerce. W A.Gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $142,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/19 6/30/21 9. Federal Funds (as applicable) Federal Agency: CFDA Number N/A N/A N/A 10. Tax ID# 11.SWV# 12.UBI# 13. DUNS# 91-1462550 SWV001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20: $71,250 7/1/19 — 6/30/20 / SFY21: $71,250 7/1/20 — 6/30/21 COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget. FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE S20-32102-01 18 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $142,500 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor is approved to spend only the indicated amount per fiscal year as identified under Section 14 of the Contract Face Sheet. Funds cannot be carried over from one state fiscal year into the next. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms: EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $142,500, which amount is included in the Contract total above. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number S20- 32102-01. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. S20-32102-01 19 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. INSURANCE The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall provide COMMERCE thirty (30) calendar days' advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under contract to the Contractor. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fid0lity insurance secured by Subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. C. The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days' advance written notice of cancellation. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work Attachment B — Budget S20-32102-01 20 3 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the Contractor shall provide access to data generated under this Contract to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Contract shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 21 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 -month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Contract. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for S20-32102-01 22 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 12. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 13. DUPLICATE PAYMENT COMMERCE shall not pay the Contractor, if the Contractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. S20-32102-01 23 6 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 24 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 22. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: a. Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; b. Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 26. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. S20-32102-01 25 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Contractor shall provide right of access to its facilities to COMMERCE, 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 contract. 29. 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 Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 30. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 31. SITE SECURITY While on COMMERCE premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. S20-32102-01 26 9 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 35. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of the Authorized Representative. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: 1. Stop work under the contract on the date, and to the extent specified, in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; S20-32102-01 27 10 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and 7. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. S20-32102-01 28 11 Attachment A Scope of Work Funding will provide a safe environment for community youth and incorporate evidenced -based violence prevention strategies. The pilot will deliver community-based afterschool and year-round programs and offer learning opportunities to enhance academic performance and skill building for youth. PROGRAM FOCUS Partner with local agencies and/or organizations, the pilot will be based upon areas of the highest need in the community and focus on the following: • Coordinating and implementing activities to allow youth to learn, develop, connect to and enhance a specific set of skills. • Employing educational strategies that use active forms of learning and engage students in the learning process through program activities. • Focusing appropriate time and resources on student instruction and skill development. • Developing clear and explicit learning goals that are understood by program participants in well- defined and specific terms. PERFORMANCE DELIVERABLES By June 30, 2021, provide an evaluation/report of evidence based practices to enable parents, educators, business leaders and policy makers to see the range of positive outcomes associated with participation in afterschool programs. Program evaluation should enable the afterschool field understand the elements of quality afterschool programs, spurring continuous improvements in programs and a growing sophistication of the field. Program evaluation should demonstrate evidence of the positive impact of after-school programs on student's academics, attendance, and engagement in learning and behavior. S20-32101-01 Attachment A (Scope of Work) 29 12 L = v -0 c v L O O � U l0 tom v 'O O tv L v � -0 m O a, L � ro — o4-1 '3 O c E _ N ,0 — U o N !R o ML C Q O H *' 3 a _O O _r_ E m O E E U E ON U O41 O > O Z O C Q Y U YcuC O U L O Q i m 4- aQ%+ o - � c N 7 — O = N > 7 0 O .Q o t O -a 4 - CU fl a•,' N O O a-+ i M a-+ M N O 4� C 0 N > 0 O C Y T m p L "O N rp c N N m O U ✓� N C 4O O —_ 3 CL .� OE E NL � O m N a s O - F- -p v >- � � l0 U L CU 'N M N � � � N 30 O OLn O Ln Ln tn 0 0 0 N Ln N Ln N C) o rl O V) O N N N o o � w w LU p M C y p p Jo vcu mLU m Z Z 7 v v Oj L vi U Y E- w U O m > Q w 0 -0 V 4-= N Q w LU LU Ln Q to �= C E O z O" O i m V7 CL +� CU u ° LO V = = > Q o J O N Cl; o > o < a a) cu °a 41 v; Fo N O a O O. OU U +' C to E O C aJ O to - E 'a N L E 6O U O O C d .� u U C V 41 V1 _ v C O �{ O Q. U (v � v V w M vi Q) v c ' O ZZ V Q 41 O y cr u v E • C0 co O F-> ++ c O « 1N- N u O • -� p v .0 >> CL � Z roo v Z S v c `) C O G Z O v) m O U V) N m +� _ v L U w Lr)Q) w .L � = O V u �, v L co > n, • a v7 •i LL- N CJ O O F- N4� > O Z F= 30 COUNCIL MEETING DATE: January 21, 2020 ITEM #: ......... ......... ............ ...................................................... ........................................... ......... ............................................................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN SERVICES GENERAL FUND STRATEGIES POLICY QUESTION: Should City Council approve the Human Services General Fund Strategies? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brid eford, Community Services Manager DEPT: Community Development ................................................................................................................... ...... �... ......... ....... .... ....... .................... ........ ......... Attachments: 1. Staff Report 2. Human Services General Fund Strategies Options Considered: 1. Approve the proposed Human Services General Fund Strategies. 2. Do not approve proposed Human Services General Fund Strategies and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: /2 of /9 Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Human Services General Fund Strategies to the January 21, 2020 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Human Services General Fund Strategies.. 31 (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 # 31 CITY OF FEDERAL WAY MEMORANDUM DATE: December 19, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Human Services Funding Strategies and General Recommendations Financial Impacts: The future cost to the City for Human Services General Fund grants for 2021-2022 will be sought in the biennial budget process for that time period. An annual amount of $536,000 in general funds was included in the approved budget for 2019 and 2020. It is the Human Services Commission's intent to request an increase for 2021-2022. Background Information This memorandum is to provide additional background and clarification for City Council regarding the Human Services Funding Strategies and other recommendations adopted by the Human Services Commission. A Community Needs Assessment has been completed that includes a review of the four strategies that have long been used to allocate Human Service General Fund grants. The Human Services Commission has amended the four strategies and approved recommendations pertaining to the City's approach to addressing social service needs. The recommended updated strategies would be used for the upcoming application process for the 2021-2022 Human Services General Fund grants. The other recommendations may help guide the Community Services Division work and future strategic planning. The four strategies have been in use since 1996 with minor revisions over the years. The current strategies are: 1. Support basic needs through emergency funding (39% of funding must go to services in this category; most homeless services are in Strategy 1); 2. Promote individual and community safety throughout Federal Way; 3. Comprehensive human services framework and address the service needs of special needs groups to fully participate in the community; and 4. Provide a supportive environment and services for low-income families with children. 32 Rev. 7/18 The timing was right to evaluate strategies for multiple reasons: • It had been awhile since the strategies had been updated; • The City was entering its planning process for the CDBG 2020-2024 Consolidated Plan; • Much focus in the community has been placed on homelessness and youth violence; and • City Councilmembers asked to engage in the conversation. The Division started the work in the spring and that work included Jeff Watson having conversations with each Councilmember. The results were mixed including Councilmembers who wanted targeted funding for youth services and/or services for persons experiencing homelessness. Some suggested the strategies stay with a general approach. There was also discussion relating to services that focus on addressing crises versus creating change. Services that can help people change their situation are perhaps less common and could also be a focus. For instance, food banks are critical in addressing hunger, but they are not designed to assist persons in changing their situations by increasing income, creating career pathways, or reducing debt. After reviewing data, seeking information, and engaging in conversations, needs were identified across all ages and populations in the City. There is justification for particular focus on homelessness and youth violence prevention. As two vulnerable groups, services for both are critically important and we are seeing increases in both areas. Additionally, there is noted racial disproportionality among people experiencing homelessness as well as youth engaged in the criminal justice service, which then translates to disparities in incarcerated adults. With this in mind, the Commission recommends focusing on youth violence prevention, homelessness, and addressing access, inclusion, and equity across all services. However, creating new funding targets is not recommended. While having set aside amounts may make sense in some communities, it is typically with much larger funding amounts. Seattle and Tacoma both have funding set aside to address specific issues. Seattle's human services budget exceeds the City's entire general fund budget and Tacoma has over $10 million in human services funding (including both federal and general fund). Both still make funding available to address other needs or are able to have many more funding focuses than our budget would allow. With current funding, having specific focuses would result in cuts to critical services for other residents in need. Many of these services also support people experiencing homelessness as well as youth and their families. There would be unintended consequences. Ultimately, after having evaluated how services are categorized and in discussion with the Human Services Commission, staff recommend retaining the general structure of the 33 Rev. 7/18 strategies with a general funding approach while adding no new funding targets, updating the language, and combining Strategies 3 and 4. Human Services Commission recommendations: • Increase the Human Services General Fund budget to meet increasing need and increases in population; the Human Services Commission will prepare a specific request; • Integrate a policy on access, inclusion, and equity to ensure services are addressing the diverse needs of Federal Way residents in culturally appropriate ways. • Partner with entities such as the King County Juvenile Probation Department, contingent on resource availability and opportunity. • Continue to work to stabilize existing and secure needed services for people experiencing homelessness. • Contingent on resource availability and opportunity, proactively partner with additional service areas such as behavioral health and senior services. • Regularly update data when available and as needed in light of changes in the community. • Develop a more in-depth Human Services strategic plan on a five-year cycle coinciding with the City's Community Development Block Grant (CDBG) Consolidated Plan. 34 Rev. 7/18 Human Services General Fund Strategies 1. Address basic needs including housing, health, and hunger (minimum of 40% of the funding). a. Housing may include services that support those currently experiencing homelessness, as well as providing resources to prevent homelessness and promote housing stability. b. Health services may entail medical/physical, dental, and/or behavioral health (mental health, substance abuse). c. Addressing hunger could take the form of food banks, congregate and home - delivered meals, backpack programs, and other nutritional supports. 2. Promote individual and community safety through prevention, intervention, and crisis services. a. This includes, but is not limited to, services to address youth violence/violence prevention, domestic violence services, safety in the home environment, and crisis hotlines. 3. Promote services that foster stability and self-sufficiency for families and individuals. a. These include job training and skills building; educational services; community engagement and activity programs; debt reduction, asset -building, and career pathways; and other supportive services that help to build a resilient and thriving community. 35 Rev. 7/18 This Page Left Blank Intentionally SUBJECT: 2020 PARKS AND RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2020 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: 1/14/20 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: John ❑ Ordinance ❑ Resolution Parks Director ❑ Public Hearing ❑ Other DEPT: Parks Background: The Parks and Recreation Commission discussed their 2020 Work Plan during their December Commission meeting and voted to forward to the Council their proposed Work Plan for approval. Attachment: 2020 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2020 Work Plan. 2. Do not approve the proposed 2020 Work Plan and provide direction to staff. MAYOR'S RECOMMENWION: Option 1 MAYOR APPROV. DIRECTOR APPROVAL: Z/& Sr Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the January 21, 2020 full Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2020 Parks and Recreation Commission WorkPlan. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: CO ❑ APPROVED UNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2016 RESOLUTION # 37 a .E C m EL t�U U N � N W 0 CL .r m m m d M M I I 06 I L L r a -r L N [� U) m> Q LL. Q U) :3 > Q LL. Q Cl) 113 > < LL. L [� � r' � O C O O i .. L �. 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O > O N W r a l4 r0+ d Q� N LL 38 Z SUBJECT: JANITORIAL SERVICES CONTRACT POLICY QUESTION: Should the City accept a Janitorial Service bid and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: 1/14/2020 SAFETY CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks & Facilities Manager DEPT: Parks Attachments: 1. Staff Report 2. Janitorial Agreement Options Considered: t. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S MAYOR APPROVAL: TION: Option 1. DIRECTOR APPROVAL:Z:�Jel/2 Z '6/ le In tial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the January 21, 2020 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2019 RESOLUTION # 39 CITY OF FEDERAL WAY MEMORANDUM DATE: 12/23/2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks & Facilities Manager SUBJECT: Janitorial Services Contract Financial Impacts: The cost to the City for Janitorial Services was included within the approved budget under the Parks Department, under the following line items. • City Hall: 505-1100-331-518-30-480 • Police Storage: 505-1100-331-518-30-480 • Park/PW Maintenance Facility: 505-1100-331-576-80-480 • Sacajawea Park: 001-7100-331-576-80-480 • Saghalie Park: 001-7100-331-576-80-480 • Lakota Park: 001-7100-331-576-80-480 • Town Square Park: 001-7100-331-576-80-480 Back round Information: On December 6th, 2019 the City accepted proposals for janitorial services for the City Hall, Steel Lake Maintenance, the Police storage facility as well as park restroom facilities at Sacajawea, Saghalie, Lakota, and Town Square Parks. Solicitation for bids was advertised in the Federal Way Mirror for a two week period. Four companies submitted quotes for services. SMS Cleaning, Inc. submitted the lowest combined bid. Following reference checks and detailed background investigation, staff recommends accepting the lowest bid package and awarding the contract to SMS Cleaning, Inc. The total annual compensation forjanitorial services will be $99,340.00. The total compensation for the recommended three year term contract is $298,020.00 which includes $5,000.00 per year of additional unforeseen hourly services. 40 Rev. 7/18 RFP Summary; RANa ec Jazdwrasl Serrit*s Sid Naer:. Bid Cltasisg Date A Tboa,, 1-24201t--2 Rid r p..in4, i%ste- & rba '_Kane $id renis= #-*Lace: Nene :tnrojeF-t lisnaee�•; Jason H. feu Bid I Sid 2 Bid z Bid. 4 Bid -1� Bid: 6 Bid " Bid 8 Synergy Synergy SIAS SMS A&antange 0vantange Green Green Building Building Cleaning Cleaning Budding Building ,forks Works Services Services Inc. Inc. Services Services Cleaning Cleaning (Monthly; I (.annual) (Monttdy) (Annual) (Monthly} (.Annual) I Alorithly': I rnnual) City Hall (5 day service,'wk) (with onion 1 trash} $4.158-00 $49,890 00 S-3 500 00 S42,00000 $8,03700 $516 444.00 1 $20.750.00 $249,000.00 City Hall t5 day service.:''sic) (with option 2 trash 53.235.00 53.8 820 040 :si'1:i fi 51.600 r10 $7,388 00 $88.656.00 $19,600-00 $235.200.00 Monthly Services $810.00 $9,720-00 ..,C)O 00 S3 600 00 $900.00 $10,800-00 $1,920.00 $23,040.04 Hi -:annual Services S1,35O.00 $2,700 00 52540.00 S540000 $1,200.00 $2.400.00 $1.120-00 $13.440.00 Floor Ser -Aces .462 00 '-14 00 52-50 00 S,300000 S' 280 00 Si _ 360 00 $6 000 00 572000001 Police Curage office 1 da 08 O0 S? 2 00 20 ;--10 -1-10 O0 S .3 00 s : 5'56 00 420 UU 55, 040-00 Sacaiaweea Farm. Dent Ciilz e, i0 ria':; _enir _ . e st, O C3L SE3,601-'i J '? 3 .tit S-1 "5 00 S5 340.0" 0_. S8 ` JU ' 7 t S`:• r _ Ut7 '34 80 0 00 J`� 7 300 00 Hour),: Pate - additional ser ices I 527 00 I S2700 I IJU I S30-00 I S4U 00 I S4000 I $60 Oti I S'"U 00 1 I Bill Sasxe. Sas itarial Senices B3At I a Bid �immber: Bid tlosisg, Dace & Time 12,6201t-:. Synergy Bid Openlug Dpste & Tim lame Building Bid Openis- Place. :Kane Services }rgj—t_ b.aaer. Jason.3l. i eawren _ JVlorlttllV' ITUA DESORIPTION Bid ? Synergy Brdlding Services (Annual: Bid 3 Bid 4 SidiS SMS Cleaning Cleaning Inc. Inc. .1.]rltf-th (Annual'. Bid 5 Advantange Building Services (tab9nthbr Bid 6 Advantange Building Services !A.nnual, Bid ? Green Works Cleaning ihtonthly} BW 8 Green works Cleaning (Annual' Sacaiaweea Farm. !2 day ser.•1c.a v eeitend_& holidays: ia;s; S_Ifi;il Citi; `ts iir;i 5400 00 S4800,00 S325 00 K 5100 0i? S !!0 S' •i 400 00 Saghalie Park i2 dad, sersicetla;eeaands R hclida;,•s; S O 00 �U 1740 5400 00 S4 Floe, 00 S ��.. �"ti_i � � t�i,i�� ,IO - G8U 00 $20 `60 00 L.akota Fart' 7'Y day ser,,�tce including holidays; S1 '125 DO S13,50000 S' '200 00 -4 4 U .JO 5' 14000 $13,680.00 $1.970-00 $23.5.30 00 Town Square Park f7 day service including I°chda S1 12500 51350000 200 00 S'd 400 00 S' '40 00 5 _ -'sO 00 S' ci40 d0 S35 286 C;0 Hourly Rate -additional services S2700 S27 00 $30-00 $30.00 $40.00 SIJ OO 560.00 $60.00 41 Rev. 7/18 tlrY or _ CITY HALL Way Feder�25 2th Avenue South Federal Way WA 98003-6325 Federal (253)835-7000 www cityoffederahvay.com JANITORIAL AGREEMENT FOR JANITORIAL SERVICES This Janitorial Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and SMS Cleaning, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: SMS CLEANING, INC.: Sang So 8033 Pacific Avenue Tacoma, WA 98408 (253) 582-0777 (telephone) (253) 582-4704 (facsimile) SangSo(a,SMSClean ing.net The Parties agree as follows: CITY OF FEDERAL WAY: Jason Gerwen 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6962 (telephone) (253) 835-6969 (facsimile) Jason. �4erwenncityoffedera .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are ft for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in 42 JANITORIAL AGREEMENT - 1 - 3/2017 4% CITY OF Federal Way CITY MALL 33325 Federal Avenue South Federal Way, WA 98003-632 (253) 83 f 7000 sa�vw c,fyoffederaiway coin accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Uy. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 43 JANITORIAL AGREEMENT - 2 - 3/2017 CITY OF CITY HALL 33325 8th Avenue South &--,----Federal Wad F6deral Way, WA 98003-632.5 (253)835-7000 www c ityoffederaJway corn 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 44 JANITORIAL AGREEMENT - 3 - 3/2017 CITY HALL CITY OF 33325 8th Avenue South A4%� Federal Way Federal Way, WA 98003-632 (253)835-7 f30fl v~ clfyoffederaAvaycom 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and aq gther property that is likely to become displaced or damaged by JANITORIAL AGREEMENT - 4 - 3/2017 CITY OF CITY HALL F33325ideral Way 8th Avenue South ;Qr fetterat Way, WA900003-8325 (253) 835-7000 twvw cj"ffederaMeycom the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Aueements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of 46 JANITORIAL AGREEMENT - 5 - 3/2017 .r '� CITY OF CITY HALL F 33325 8th Avenue South Federal Way; WA"98003=6325. deral Way (253) 835-7000 www afyoffedefahi(ay.com any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any ofthe terms of Chapter 49.60 RCW, Title VI ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions ofthe Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent ofthe other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation ofthe City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, 47 JANITORIAL AGREEMENT - 6 - 3/2017 _4k FCITY deral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www city offedefahvay+ com unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 48 JANITORIAL AGREEMENT - 7 - 3/2017 CITY OF CIT( HALL '`�..:r 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www atyoffaderahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Bv: Jim Ferrell, Mayor DATE SMS CLEANING, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 49 JANITORIAL AGREEMENT - 8 - 3/2017 crry OF CITYHALL 33325 th 8th 3332Avenue South Federal Way Federal Way, WA 98003>8325 (253)838-7000 www utyoffederahvxy com EXHIBIT "A" JANITORIAL SERVICES 1. The Contractor shall do or provide the following: Scope of Services: City Hall 33325 8' Ave S., Federal Way, WA 98003 (5 days week/ service — Sunday - Thursday) Parks/Public Works Dept. - Maintenance Shop, 31130 28th Ave S., Federal Way, WA 98003 (5 days week/ service — Sunday - Thursday) Police Storage, 600 S 333`d Street, Federal Way, WA 98003 (1 day week/ service — Wednesday) DAILY GENERAL SERVICES: ACTIVE/COMMON AREAS • Kitchens, Lunchrooms, Coffee bars - clean tables, chairs, counters, sinks and exterior of refrigerators, microwaves, etc. and arrange furniture. • Council Chambers and Conference rooms - clean tables, chairs, dais and podium. Clean white boards and marker trays without disturbing current messages. RESTROOMS — SHOWERS — BOOKING & HOLDING CELLS • Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Refill dispensers; soap, paper, hand sanitizer & deodorizer. SPOT CLEANING • Clean or sanitize entry glass, door handles, around doors, light switches, tables and counters. TRASH & RECYCLING * (see details in notes below) • Option 1 - Empty all garbage, compostable and recycle containers daily in all Active Areas. All individual office space related containers; emptied once weekly. Replace liners only as needed. Remove litter from around all exterior entries and empty all garbage and ash containers daily. SECURITY • All doors to remain locked after business hours. Secure all locks, lights and set alarms prior to leaving buildings. Immediately notify Contract Administrator of any mechanical, plumbing, security problems, unusual odors or health hazards. MONTHLY SERVICES: DETAIL SANITIZE • Restroom, showers, holding cells and kitchen walls, spot clean hallway walls and public phones. Wipe down cabinets, doors and community trash receptoacles. JANITORIAL AGREEMENT - 9 - 3/2017 CITY of CITY HALL. NkFeder 8th Avenue South •�Mr,�t rFederal Way Federa{ Wa41JVA 98003-6325 (253)835-7000 wsww ufyaffederaAvay corn DETAIL VACUUM • Corners, edges, under work surfaces, upholstered chairs and furniture. Bi -ANNUAL SERVICES: DUSTING • High and low edges, vents, and window blinds. FLOOR SERVICES: VACUUM • All carpeted areas, exterior mats and sweep exterior entries. (see City Hall detail specific floor plans for daily and weekly areas, also Council Chambers to be vacuumed fully 2 times per week or more as needed) FLOORS • Daily Sweep and spot clean all hard surface & rubber floors per manufacture recommendations. Monthly deep clean all hard surface & rubber floors per manufacture recommendations. NOTES: • * Large garbage containers are to be lined with solid color liners and clear liners for recycling and compostable containers. Empty individual office space recycling containers when % full. All emptied materials will be deposited into corresponding designated exterior collection containers. Compostable items must be deposited directly into an exterior cart without a liner. Soiled liners then discarded as garbage. • City will provide paper and plastic products to include: dispenser items and trash liners. • Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad-spectrum control to include but not limited to: Salmonella, Viral germs, etc. - Cleaning supplies to be approved by City. Scope of Services: Sacaiawea Park, 1401 S Dash Point Road, Federal Way, WA 98003 (2 day service/weekends — Saturday, Sunday & Holidays) Saghalie Park, 33914 19th Ave SW, Federal Way, WA 98003 (2 day service/weekends — Saturday, Sunday & Holidays) Lakota Park, 31334 SW Dash Point Road, Federal Way, WA 98003 (7 day service including holidays) Town Square Park, 31600 Pete von Reichbauer Way S, Federal Way, WA 98003 (7 day service including holidays) Holidays include: New Year's Day (I" Day of each year); MLK Day (3`d Monday in January); Presidents Day (3`d Monday in February); Memorial Day Gast Monday of May); Independence Day (4th day of July); JANITORIAL AGREEMENT -10- 3/2017 clry or CITY HALL 33325 8th Avenue South Federal Way Federal' Way, WA 9�f)a"325.. __ (253) 835-7000 www c ityoffederahvtaycom Labor Day (1St Monday of September); Veteran's Day (11th Day of November); Thanksgiving Day (4th Thursday of November); Day after Thanksgiving (4th Friday of November); Christmas Day (25th of December). • City to provide paper products & refillable restroom supplies • Contractor to provide cleaning chemicals — As approved by City DAILY GENERAL SERVICES: RESTROOMS • Clean and sanitize counters, sinks, fixtures, dispensers, toilets, urinals and showers. Sanitize walls around sinks, partitions, urinals. Refill dispensers; soap, paper, hand sanitizer & deodorizer. TRASH & RECYCLING • Empty all garbage containers daily. Replace liners only as needed. Remove litter from around all exterior entries. SECURITY • All doors to remain locked after business hours (if cleaning occurs 1St thing in am, leave restrooms unlocked). Secure all locks, lights and set alarms prior to leaving buildings. Immediately notify Contract Administrator of any mechanical, plumbing, security problems, unusual odors or health hazards. NOTES: • * Large garbage containers are to be lined with solid color liners and clear liners for recycling and compostable containers. Empty individual office space recycling containers when % full. All emptied materials will be deposited into corresponding designated exterior collection containers. Compostable items must be deposited directly into an exterior cart without a liner. Soiled liners then discarded as garbage. City will provide paper and plastic products to include: dispenser items and trash liners. Contractor to furnish: cleaning supplies and disinfectants to properly sanitize public facilities according to manufacture recommendations. Sanitation is to provide broad-spectrum control to include but not limited to: Salmonella, Viral germs, etc. - Cleaning supplies to be approved by City. SPECIFICATIONS: A. The successful bidders employees must be able to pass a background check pursuant to RCW 43.43.815(1)(b) for all personnel assigned to City Facilities. The Federal Way Police Department will perform an in depth background check of your company and staff assigned. B. All work shall be performed under the supervision of a qualified lead and must communicate effectively and proficiently in both oral and written formats. Operators will be licensed for all functions, including appropriate driver's license when required. C. Contractor will furnish all labor, tools, specialized equipment, materials, and will dispose of waste material generated by the work in a proper manner. Equipment shall be maintained in good working conditions and any related filters kept clean. 52 JANITORIAL AGREEMENT - 11 - 3/2017 CITY Or CITY HALL "�f Wav 33325 8th Avenue South _ _ Federal Way, WA 98003-6325 _ (253) 835-7000 wr www cityoffederahvaycom D. Contractor will ensure employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. All personnel shall be trained in the proper cleaning practices using current industry standards. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. Each employee will wear or display the company's name and/or logo. Company vehicles working on City sites will have their company name and phone number displayed. G. The Contract Administrator or appointed designee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor: Notification may be verbal or written. (See details below in Compensation section) H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. I. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. COMPENSATION: A. Please present detailed information on the contractor's proposed quote for the specifications proposed and for any variation for non -routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non - routines tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. 53 JANITORIAL AGREEMENT -12- 3/2017 CITY OF CITY HALL _ �_ Federal �� 33325 8th Avenue South y Federal Way, WA 98003-8325 (253)835-7000 ww�y cltyoffcieralvvx:ycom C. The City may deduct for any and all tasks not performed. THE CITY WILL NOTIFY THE CONTRACTOR OF ANY AND ALL CLEANING DEFICIENCIES BASED ON TWO PRIORITY LEVELS DETERMINED BY CITY SUPERVISING STAFF: High Priority - Requires contractor to return to the site within 2 hours after notification from City supervising staff to make corrections. Low Priority - Requires contractor to return to the site the next business day to make corrections after notification from City supervising staff. DEDUCTION RATE: Reported deficiencies will be logged and those items not corrected within the appropriate priority time lines will be deducted from the monthly invoice at the rate of $30.00 per hour based on the number of hours it takes to correct the deficiency by other means. 2. Bond. Contractor shall obtain a janitorial bond in the amount of not less than Ten Thousand and NO/100 Dollars ($10,000.00) to insure against any theft/misappropriation of money or property during the Term of this Agreement. 54 JANITORIAL AGREEMENT -13 - 3/2017 CITY OF Federal CITY HALL 33325 8th Avenue South Way Federal Way, WA 98003-6325 (253) 335-7000 awe v cityoffederaimay corn Daily Cleaning Schedule A -as to te cearw Daly Nar seA=.Ajea Weekly Cleaning Schedule FlArea cieX*C *ealY - CAndaYS E] Area cisaret *emy w t t. —V . n w -4,. — — --" 55 JANITORIAL AGREEMENT - 14 - 3/2017 CITY OF AN* 4W.... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ,,wAvcjtyoff--deiaiway coin Daily Cleaning Schedule Weekly Cleaning Schedule 1 Areas to to clewed Only Kea clewed &*ecy or, TAs--ns 0 Nor Semed Am 26 E-1 A'ea ceaned a W t%Wjqe6m3ys 56 JANITORIAL AGREEMENT - 15 - 3/2017 CITY OF CITY HALL _. 33325 8th Avenue South M�' Femer+ ' Way Federal Way, WA 98003-8325 Gi (253) 835-7000 wvAv ciWffederahvay corn EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed Two Hundred Ninety -Eight Thousand Twenty and No/ 100 Dollars ($298,020.00). 2. Method of Compensation: Payout Schedule: Cily Hall ......................... $3,500.00 per month = $49,100.00 per year (City Acct#: 505-1100-331-518-30-480) Police storage office ........... $120.00 per month = $1,440.00 per year (City Acct#: 505-1100-331-518-30-480) Park/ PW Maint. Facility......$450.00 per month = $5,400.00 per year (City Acct#: 505-1100-331-576-80-480) Sacajawea Park ............... $400.00 per month = $4,800.00 per year (City Acct#: 001-7100-331-576-80-480) Saghalie Park ...................$400.00 per month = $4,800.00 per year (City Acct#: 001-7100-331-576-80-480) Lakota Park ......................$1,200.00 per month = $14,400.00 per year (City Acct#: 001-7100-331-576-80-480) Town Square Park .............$1,200.00 per month = $14,400.00 per year (City Acct#: 001-7100-331-576-80-480) Additional services shall be paid out at $30.00 per hour with $5,000 additional in the 3 year original contract for any City requested extra services. 57 JANITORIAL AGREEMENT -16- 3/2017 This Page Left Blank Intentionally a3 O�CJLl -M1 &T -I iO -DATE: _ January 21, M201,TEM_# CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS PROPERTY TAX LEVY AGREEMENT POLICY QUESTION: Should the City accept a 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement? COMMITTEE: PRHSPS Committee MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks Attachment: KC Parks Levy memo Options Considered: 1. Authorize to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. 2. Do not authorize the voter approved King County Proposition Parks Levy and provide direction to staff. MAYOR'S MAYOR APPROVAL: ,' DIRECTOR APPROVAL: / wq Committee COMMITTEE RECOMMENDATION: I move to forward option 1 to the January 21, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: PROPOSED COUNCIL MOTION: "I move to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 59 CITY OF "�.... Federal Way Parks and Facilities Division Date: Dec 12, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Parks Property Tax Levy Agreement Background: A King County Motion was made and passed 4/17/19 related to the property tax levy for 2020 through 2025 for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. A King County ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County passed on 4/17/19 Voters approved the above Parks property tax levy August 2019. Action: City of Federal Way City Council approval to accept the voter approved King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. Recommendation: Staff recommends accepting the voter approved 2020-2025 King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. 11 COUNCIL MEETING DATE: January 21, 2020.. _ _ ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Saghalie soccer field replacement work as complete and authorize staff to release FieldTurf USA Retainage? COMMITTEE• PRHSPS Committee MEETING DATE: January 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing 1-1 Citv Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ste hen_Ikerd, De u Director DEPT: Parks _ ........_._._.._.__............................... ......... _... .................. .__.......... ..... _.... _.......... _............ ._............... History: The City worked with FieldTurf USA to replace the artificial turf on the Saghalie soccer field in the amount of $719,408.64. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Options Considered: 1. Accept the replacement of the artificial turf on the Saghalie soccer field as complete and release $32,700.39 retainage to FieldTurf USA. 2. Do not accept the work as complete, and provide direction to staff. _ __.._....._...._....,_.__....._........_......._.....____.._....._.. ......... .............. _........--_._........._.........__...._._ MAYOR'S RECOMMEND ON: Option I MAYOR APPROVAL: DIRECTOR APPROVAL: o i e C nci ommittee COMMITTEE RECOMMENDATION: I move to forward option I to the January 21, 2020 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the work of the artificial turf replacement on the Saghalie soccer field as complete and authorize staff to release retainage in the amount of $32,700.39 to FieldTurf USA. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ COUNCIL NCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 61