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2020-01-21 Council PKT - Regular CITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall January 21, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Police Department - Promotional Swearing-In Ceremonies b. Proclamation — National Mentoring Month — January 2020 ...page 4 c. Youth Commission Update — Iris Hamilton, Chair d. Mayor's Emerging Issues and Report • Appointment of new State Representative Councilmember Jesse Johnson (1/13) • City Council Annual Retreat— February 1, 2020 at Dumas Bay Centre • Report on Recent Events: Up for Growth Housing Under Production in Washington State Report Release Event at the PAEC (1/10); WA State Supreme Court Argument regarding Sewer/Water Tax (1/16); Facebook Live Town Hall Meeting (1/17); MLK Jr. Food Drive at area Grocery Stores (1/18); 13th Korean American Day Celebration at the PAEC (1/18); MLK Jr. Event hosted by Thomas Jefferson High School at the PAEC (1/20). e. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Regional Committees Report(PIC) • Deputy Mayor Report 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor,come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval;all items are enacted by one motion. Individual items maybe removed by The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. a Councilmember for separate discussion and subsequent motion. a. Minutes: January 7, 2020 Regular and Special Meeting ...page 5 b. S Dash Point Road Improvements — Bid Award ...page 15 c. 2019 Storm Pipe Repair Phase 2 — Bid Award ...page 21 d. Industrial Park Parking Restrictions and Tow Away Zones ...page 25 6. PUBLIC HEARING a. Regarding Adoption and Extension of Interim Land Use Regulations and Official Controls for the Provision of Telecommunications Facilities within the City ...page 29 • Staff Report: Mark Orthmann, Deputy City Attorney • Citizen Comment— 3 minutes • Council Questions 7. COUNCIL BUSINESS a. 2020-2021 Council Committee Assignments ...page 31 b. Teamsters Collective Bargaining Agreement ...page 33 C. Ratification of Amendments to the Countywide Policies Regarding School Siting ...page 56 d. Regency Cleaners Amendment #4 for Police Uniform and Dry Cleaning ...page 76 e. After School Programs Contract with WA State Department of Commerce ...page 81 f. Human Services General Fund Strategies ...page 99 g. Janitorial Services Contract ...page 104 8. ORDINANCES First Reading a. Council Bill #773/Adopting and Extending Interim Land Use Regulations and Official Controls for the Provision of Telecommunications Facilities within the City ...page 123 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND EXTENSION PURSUANT TO RCW 36.70A.390 TO CONTROL THE PROVISION OF TELECOMMUNICATION FACILITIES WITHIN THE CITY • Staff Report: Mark Orthmann, Deputy City Attorney • Citizen Comment— 3 minutes • Council Questions The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. Second Reading/Enactment b. Council Bill #772 North Lake Management District Number 2 Establishing Assessments and Penalties ...page 128 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2. 9. COUNCIL REPORTS 10. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Potential Litigation pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21.To view Council Meetings online please visit www.cityoffederalway.com. f CITY CSF .�. Federal Way PROCLAMATION "National Mentoring Month" WHEREAS, the future of Federal Way rests on the shoulders of our youth; and WHEREAS, educated, confident and nurtured children will give rise to a stronger city; and WHEREAS, mentoring matches a child with a caring, responsible adult to build confidence, stability and to provide guidance and direction; and WHEREAS, research shows that mentoring has a beneficial and long term impact on young people by increasing attendance at school; improving rates of high school graduation; and decreasing involvement with drugs, alcohol and violent behaviors; and WHEREAS, January has been designated as National Mentoring Month; calling on adults across America to become involved with mentoring programs. NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim the month of January 2020 as Mentoring Month in the City of Federal Way and urge all residents to recognize the importance of mentoring and to look for opportunities to serve as mentors in their communities. SIGNED this 21St day of January, 2020 FEDERAL WAY MAYOR AND CITY COUNCIL Jim errell,Mayor Susarl Honda eputy Mayor a Assefa-D. # counciimember Jes E J son, oun[iimember o ng V.Tran,Cou cilmember iv k Koppa ou [iimember Martin Moore,C un[ilmember Linda Kochmar ouncilmember COUNCIL MEETING DATE: January 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the January 7, 2020 Regular and Special City Council Meetings? COMMITTEE:N/A MEETING DATE:N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the January 7, 2020 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: { Committee Council nitiaVData Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# CITY OF ::•.�.. Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Council Chambers - City Hall January 7, 2020 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:05 p.m. City officials in attendance: Mayor Jim Ferrell,Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Susan Honda, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. COUNCIL BUSINESS: QUASI-JUDICIAL PRELIMINARY PLAT AND REZONE REQUESTS/CREEKSIDE COMMONS TOWNHOMES Mayor Ferrell read into the record the procedures to be followed for the quasi-judicial issue before Council. He asked Council and the audience the following before moving forward with the public meeting: N Do any of the Councilmembers have an interest in the property or issue? Do any of the Councilmembers gain or lose any financial benefit as a result of the outcome of this hearing? ® Are there any Councilmembers who cannot hear and consider this matter in a fair and objective manner? ® Is there anyone in the audience who objects to any Councilmember's participation in these proceedings?; and Has any member of the Council engaged in communication outside this hearing with opponents or proponents on the issue to be heard? After hearing no objections, Mayor Ferrell invited Associate Planner Natalie Kamieniecki to begin the staff presentation. Ms. Kamieniecki provided a brief presentation on the application for rezone and preliminary plat to build the proposed Creekside Commons Townhomes.She included the findings and recommendation of approval from the Hearing Examiner (File FWHEX#19-003). Federal Way City Council Special Minutes Page I of 3 January 7, 2020 CouncilmemberAssefa-Dawson questioned if there is a guarantee the project will be fully built out,or if there is a possibility of the project broken into multiple phases. Mr. Gonzales of ESM Consulting Engineers noted on behalf of the applicant Blue Fern, the project is anticipated to be built concurrently. He also stated the project is bonded and therefore all required improvements included in the approval would take place as part of the bond, even if the project was completed in phases. Councilmember Honda inquired if the stream was ever fish bearing. Ms. Kamieniecki noted the city and both peer reviewers stated the stream does not have the criteria of being fish bearing and have not been able to locate a document which disputes these findings. Councilmember Kochmar inquired to the number of townhomes and their approximate size. Mr. Gonzales noted there are 94 units; he deferred the square footage to the applicant(Jordan Salisbury, Blue Fern) who later clarified the square footage is estimated between 1,500 to 2,000 per unit. Citizen Comment: Ken Moberg, referenced early maps which reference the stream as Tributary 19C to the West Hylebos. He believes it to also be non-fish bearing. Jordan Salisbury, Blue Fern clarified the expected square footage of each unit is between 1,500 to 2,000 square feet per townhome. Councilmember Honda asked if the school district has been notified and which elementary school services this location. Ms. Kamieniecki noted the school district has been notified as part of the process and provided input to the city. Mr. Gonzales stated Rainier View Elementary services this area.. Mayor Ferrell queried the Council if a closed door discussion was requested, as allowed in quasi- judicial settings. Hearing no such request, the Mayor asked for a motion. a. Resolution —Creekside Commons Townhomes Preliminary Plat and Wetland Buffer/APPROVED RESOLUTION#20-776 COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: CouncilmemberAssefa-Dawson yes Councilmember Koppang yes Councilmember Johnson yes Councilmember Moore yes Councilmember Honda yes Councilmember Kochmar yes Councilmember Tran yes b. Resolution — Intent to rezone property related to the Creekside Commons Townhomes/APPROVED RESOLUTION#20-777 COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: CouncilmemberAssefa-Dawson yes Councilmember Koppang yes Councilmember Johnson yes Councilmember Moore yes Councilmember Honda yes Councilmember Kochmar yes Councilmember Tran yes Federal Way City Council Special Minutes Page 2 of 3 January 7, 2020 4. EXECUTIVE SESSION At 5:27 p.m. Mayor Ferrell announced the Council would be recessing to Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) for approximately fifteen minutes. a. Potential Litigation pursuant to RCW 42.30.110(1)(i) 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:48 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 January 7, 2020 CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall January 7, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:36 p.m. City officials in attendance: Mayor Jim Ferrell,Councilmember Lydia Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Susan Honda, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Oaths of Office ■ Position 1: Councilmember Lydia Assefa-Dawson performed by King County Superior Court Judge LeRoy McCullough • Position 3: Councilmember Susan Honda performed by Federal Way Municipal Court Judge David Larson • Position 5: Councilmember Mark Koppang performed by King County Superior Court Judge LeRoy McCullough • Position 7: Councilmember Linda Kochmar performed by Federal Way Municipal Court Judge David Larson Councilmember Kochmar expressed her pleasure at returning to the City Council and looks forward to working with her colleagues. Councilmember Koppang shared he is honored to have been reelected and looks forward to continuing to serve and implement positive changes. Councilmember Honda thanked the voters for the honor and privilege in continuing to serve and represent the citizens of Federal Way. Councilmember Assefa-Dawson stated it was a pleasure to see people in the audience and she is honored to return for another term and looks forward to working with her wonderful colleagues. Mayor Ferrell congratulated the new and returning Councilmembers. Federal Way City Council Regular Minutes Page 1 of 6 January 7, 2020 b. Election of Deputy Mayor& Oath of Office Mayor Ferrell read the procedures to be followed for the election of the Deputy Mayor. COUNCILMEMBER MOORE, TRAN AND ASSEFA-DAWSON NOMINATED COUNCILMEMBER SUSAN HONDA FOR DEPUTY MAYOR; COUNCILMEMBER KOCHMAR SECONDED THE NOMINATIONS. Hearing no further nominations, Mayor Ferrell closed nominations. MAYOR FERRELL HEARING NO FURTHER NOMINATIONS ASKED FOR ALL IN FAVOR OF THE NOMINATION OF COUNCILMEMBER HONDA AS DEPUTY MAYOR; Motion carries unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Kochmar yes Councilmember Tran yes Mayor Ferrell congratulated Deputy Mayor Susan Honda. City Clerk Stephanie Courtney administered the oath of office and congratulated Deputy Mayor Honda. At 6:58 p.m. Mayor Ferrell announced the Council would be recessed for a brief reception to honor the newly elected Councilmembers and Deputy Mayor. Mayor Ferrell called the meeting back to order at 7:18 p.m. c. Mayor's Emerging Issues and Report Mayor Ferrell invited Federal Way Lions Club member Jan Barber and four local violin students forward to perform a brief piece of music in support of the Make Music Federal Way event scheduled for June 2020. The Lions Club has applied for a grant from the Arts Commission. Mayor Ferrell noted the Martin Luther King Junior Celebration hosted by Thomas Jefferson High School will be held at the Performing Arts and Event Center(PAEC)on January 20;the Council annual retreat will be held February 1 at Dumas Bay Centre beginning at 8:30 a.m. He further reported the oral argument regarding the water and sewer tax is scheduled to be heard at the Washington Supreme Court on Thursday, January 16. The 13th Washington State Korean-American Day Celebration in Seattle will be held on January 13. d. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) — no report was provided. Lodging Tax Advisory Committee (LTAC) — Chair Moore noted the next meeting has been rescheduled to later in the month. Land Use/Transportation Committee (LUTC) — Chair Koppang reported there was good discussion on a number of issues including panhandling issues. He reported three projects which were funded in part by cost-savings during projects. He extended kudos to city staff for leveraging the available funds and projects so successfully. Federal Way City Council Regular Minutes Page 2 of 6 January 7, 2020 Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Chair Johnson reported the next meeting is scheduled for Tuesday, January 14 at 5:00 p.m.; items to be discussed include a crime report from the Chief of Police. Regional Committees Report (PIC) — Councilmember Assefa-Dawson stated she had no report; the next meeting will be held in February. Deputy Mayor Report — Deputy Mayor Honda highlighted several volunteer commission appointments are currently vacant and seeking applications. She encouraged citizens to apply to provide feedback and input on city issues. She also noted the public is invited to the Council Retreat on February 1 at Dumas Bay Centre; the agenda and more information will be posted closer to the date. 4. CITIZEN COMMENT Dana Hollaway asked council to identify critical issues in Federal Way and focus their attention on those this year, as well as, establish future working plans. She would also like to see a plan in place to mitigate the disruption the light rail construction. Katherine Fesia spoke on behalf of Count Us In announcing the need for more volunteers for King County's Annual Point in Time Count (PIT) on January 24. Gary Grant raised a concern regarding parking restrictions posted to accommodate garbage trucks in his neighborhood. Aram Kim shared her dismay regarding panhandling within the City and her view that Federal Way has seen a fast deterioration. Ms. Kim urged council to develop an action plan that addresses these issues. Geoffery McAnalloy_, Dr.Tammy Campbell, Casey, Moore, Rebecca Ba bak. and Sieve Moore. spoke on behalf of the Federal Way Public School Board. Staff and consultants raised concerns and disappointment regarding the permitting process during construction of three elementary schools; written version of their comments were provided. Janis Clark, who recently moved to Federal Way, prides herself on service and expressed she looks forward to getting involved. Allison Taylor shared her desire to see different groups working together to better our community despite differences. She also shared about the local Pride Festival that is scheduled for June. 5. CONSENT AGENDA a. Minutes: December 3, 2019 Regular Meeting Minutes, December 11, 2019 Legislative Breakfast Summary b. Arts Commission 2020 Contract for Services c. Arts Commission 2020 Work Plan d. PSERN Radio End-User Service Level Agreement e. Agreement between WTSC and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement f. 2020/2021 Surface Water Maintenance and Vactor Services Contract—Authorization to Bid Federal Way City Council Regular Minutes Page 3 of 6 January 7, 2020 g. Resolution: Creating an Advisory Committee for the North Lake Management District Number 2 and Establishing Duties Thereof/APPROVED RESOLUTION#20-778 h. Military Road S/S 298th Street Compact Roundabout— Project Acceptance i. Joint Construction Agreement between City of Federal Way and Puget Sound Energy j. 2019 Asphalt Overlay Project— Final Acceptance k. 2019 Storm Pipe Repair Phase 1 — Project Acceptance I. 2018 NHS Preservation Project— Final Acceptance DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH L ON THE CONSENT AGENDA; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Kochmar yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Proposed Settlement Agreement—Gogel City Attorney Ryan Call provided a very brief background on the proposed settlement agreement. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED SETTLEMENT IN THE MATTER OF GOGEL VERSUS CITY OF FEDERAL WAY IN THE AMOUNT OF $25,000; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Kochmar yes Councilmember Tran yes 7. ORDINANCES First Reading a. Council Bill #772 North Lake Management District Number 2 Establishing Assessments and Penalties AN ORDINANCE OF THE CITY OF FEDERAL WAY,WASHINGTON, ESTABLISHING THE TIME OF PAYMENT, INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2. Surface Water Quality Coordinator Leah Myhre provided a brief staff report on this final step of the process and required ordinance for the North Lake Management District#2. The proposed ordinance is to set fees and penalties for the assessments on the lake. Annual assessments are billed through the King County Assessor to all property owners within the established boundary of the Lake Management District. The assessment is based on property type and allows for continued funding of short and long term lake management activities without the burden of soliciting funds. Federal Way City Council Regular Minutes Page 4 of 6 January 7, 2020 She noted delinquent assessments would be subject to fees following May 10 of each year at the rate of 1% per month (interest) and 5% of the assessment (penalty), followed by a lien placed on the property. Following the appointment of the Lake Management Advisory Committee, assessment collection will begin in April 2020. Citizen Comment: No citizen comment was received. The Mayor and Council thanked Ms. Myhre for her presentation. COUNCILMEMBER KOPPANG MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 21, 2020, COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Kochmar yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Assefa-Dawson reported she is glad to be back and able to attend the meeting in person.. Councilmember Johnson offered prayers for troops over-seas. Councilmember Tran welcomed Councilmembers Koppang, Assefa-Dawson, and Kochmar and congratulated Deputy Mayor Honda. Councilmember Koppang reflected on the last month and a half, noting many meaningful and wonderful community events including Federal Way Cares Christmas event at Lakota. He thanked the Fire Department and Grace Church for their continued work in the community and encouraging volunteers. He also participated in a Police Department Ride-Along and was able to see a new perspective and observe how caring the officers are in the community. He encouraged community- wide support of the Tool Library, Jeannette Brizendine's labor of love. The tools library is a wonderful community resource and he encouraged citizens donated tools they no longer use or have room to store. Councilmember Moore is looking forward to the future and working with his colleagues on the Council. He thanked the community for supporting those displaced by a recent apartment fire. He was saddened to hear about the break in at the Tool Library and encouraged continued donations to that wonderful community asset. He is hosting another community dinner to raise money for a local non- profit. He congratulated Councilmembers recently elected, including the Deputy Mayor. Councilmember Kochmar stated it is a privilege to be back on the Council and to serve this community. She is looking forward to working together through more unanimous and split votes. She plans to focus on state and federal lobbying efforts and has many contacts. Deputy Mayor Honda welcomed Councilmember Kochmar back to the City Council. She also congratulated Councilmembers Koppang and Assefa-Dawson for their successful reelection. She would like to focus on increased revenue in 2020 and budget discussions. She also reported on wonderful Federal Way Cares for Kids event over the holidays. Federal Way City Council Regular Minutes Page 5 of 6 January 7, 2020 Mayor Ferrell noted there will be a joint meeting of King County Council and Pierce County Council on Monday, January 13 in Council Chambers to jointly interview three individuals and then appoint an individual to fill the house seat vacated by former Representative Kristine Reeves. 9. EXECUTIVE SESSION a. Potential f itig tion p4rsua-Rt to RG ?39-14-C{'I)(i)- not needed. 10. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned 8:32 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 January 7, 2020 COUNCIL MEETING DATE: January 21,2020 ITEM#: 5b - .... ......I........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S DASH POINT RD IMPROVEMENTS—BID AWARD POLICY QUESTION: Should City Council award the S Dash Point Rd Improvements to the lowest responsive, responsible bidder? COMMITTEE: LUTC MEETING DATE: Jan 6, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Christine Mullen, , Senior Capital L.ngincer DEPT: Public Works Attachments: Staff Report&Bid Tabulation Options Considered: 1. Award the S Dash Point Rd Improvements to Active Construction, Inc., the lowest responsive, responsible bidder, in the amount of$1,159,159.00 (Schedule A+ Schedule B)and approve a ten percent contingency (Schedule A only) of $92,402.03, for a total amount of $1,251,561.03 and authorize the Mayor to execute the contract. 2. Reject all bids for the S Dash Point Rd Improvements and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMEND TION: The Mayor recommends approval of Option 1. MAYOR APPROVAL: /7• / DIRECTOR APPROVAL: C' nmiil d;ee� Initial/Date ,1 lit: ial Dale COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 21, 2020 City Council consent agenda for approval. Mark Ko pa ,Commute hair R Sc. Jolinsoil, Committee Member 1-ioang Tran.Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the S Dash Point Rd Improvements to —_ 4efive_Canstruction,Inc..,-fhe_10:11!CSt.-IeSPDIZSille,_.r-esPansible_bidder,--In_the_amo-uni..o _SI.,_L.59,159-00-(Schedule _. A + B) and approve a 10%contingency (Schedule A only) of$92,402.03,for a total amount of$1,251,561.03, and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: 06-Jan-2020 TO: City Council VIA: Jim Ferrell,Mayor E.J.Walsh,P.E.,Public Works Director FROM: Christine Mullen,P.E., Senior Capital Engineerf SUBJECT: S Dash Point Rd Improvements—Bid Award FINANCIAL IMPACTS: This project was included and is projected to be completed within the approved budget under capital project#212. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND INFORMATION: Twelve bids were received and opened on December 13, 2019 for the S Dash Point Rd Improvements. Please see attached Bid Tabulation Summary. The lowest responsive,responsible bidder is Active Construction,Inc. (ACI)with a total bid of$1,159,159.00. ESTIMATED EXPENDITURES: Design $ 100,000.00 Right-of-Way $ 0.00 2020 Construction Cost(Schedule A+B) $ 1,159,159.00 10%Construction Contingency(Schedule A only) $ 92,402.03 Construction Management $246,866.73 Total Project Costs $ 1,598,427.76 AVAILABLE FUNDING: City Funds—Motor Vehicle Fuel Tax $ 320,000.00 City Funds—Transfer from Project#194 Savings $ 206,228.00 City Funds—Transfer from Project#204 Savings $ 300,000.00 City Funds—Transfer from Project#211 Savings $ 100,000.00 Grant—Transportation Improvement Board $ 347,812.00 Lakehaven * $ 324,387.76 Total Project Costs $ 1,598,427.76 * Lakehaven's funding is for Schedule B costs(waterline relocation) as well as shared bid item costs for Schedule A(mobilization,material testing, etc.), Construction Management, and Project Administration costs. 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W W CY 7i_IN Z F oLL0. z O d U 7 ❑O Cu O Y.-v W O O z.7U a Q z O Zw , O`i, F F 7 �� 3 O 4 z ¢ ¢ C7 x>w a g� ¢�I-¢❑ tauyJ n m 'W V 5,�� `t a �z>>m? ¢"U Z r ; W w w >a [c=.)Y. '� QU p W.rr 3 J� �a ..{ JS W U ,Y ooz 0 T HZ 1 O z z oz nz Jf". J n>C�Od Od' z O Q VI a t�^O S�i,�L W W Id m��J '¢Try _ O O O L o x` � W ,O11 Q U d zo LL aZ t �- _ LLR'K 7LL U E N w .P Of N ''• N N N N N w COUNCIL MEETING DATE: January 21,2020 ITEM#: 5� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2019 STORM PIPE REPAIR PHASE 2—BID AWARD POLICY QUESTION: Should the Council award the 2019 Storm Pipe Repair Phase 2 to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: January 6, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smith,P.E., Senior Ca Ital En ineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated January 6,2020. Bid Tabulation Options Considered: 1. Award the 2019 Storm Pipe Repair Phase 2 project to Insituform Technologies, LLC, the lowest responsive, responsible bidder, in the amount of$139,156.00 and approve a 10% contingency of$13,915.00 for a total of $153,071.00, approve a budget transfer from Unallocated SWM CIP Funds in the amount of$70,000.00 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2019 Storm Pipe Repair Phase 2 project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the January 21,2020 City Council Consent Agenda for approv 1. MAYOR APPROVAL: � tel- DIRECTOR APPROVAL: C- nmitace i �Umil IaEtwl;Date Initial/Date Inilial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 21, 2020 consent agenda for approval. Mark Kappagkominittee Ch ' Je e t1oluison,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2019 Storm Pipe Repair Phase 2 project to Insituform-Technologies�-LLC. they lmves-respensi-e r onsible-bidder--irz--the-amoiinI ol'9139,15600-and-appraise a 10%contingency of$13,915.00 for a total of$153,071.00, approve a budget transfer from Unallocated SWM CIP Funds in the amount of$70,000.00 and authorize the Mayor to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: January 6, 2020 TO: Land Use&Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh,P.E.,Director of Public Works Kent Smith,P.E., Senior Capital Engineer, SUBJECT: 2019 Storm Pipe Repair Phase 2—Bid Award Financial Impacts: The cost to the City for the 2019 Storm Pipe Repair Phase 1 and Phase 2 was authorized under the 2017 Surface Water Management (SWM) CIP budget update (304, Project 288) with an estimated budget of $100,000. SWM staff requested additional funding for this project as the cost of the pipe rehabilitation is higher than originally estimated. Under the 2019 budget adjustment, SWM has requested a transfer of $79,000 from the remaining balance of the recently completed Lakota Wetland Berm Repair project(304, Project 283) to this project. In addition, staff is requesting an additional transfer of $70,000 from unallocated SWM CIP to bring the total to $249,000.00. Most in house design and construction engineering is budgeted out of 401 operating budget at$21,323. In accordance with the approved budget, this item is funded by SWM Utility Tax. Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through Public Works Department Surface Water Management maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. PROJECT EXPENDITURES: Engineering $15,000.00 2019 Storm Pipe Repair Phase 1 Construction $87,252.00 2019 Storm Pipe Repair Phase 2 Construction $139,156.00 10%Phase 2 Construction Contingency $13,915.00 Construction Engineering $15,000.00 Total Project Costs $2709323.00 LUTC Memorandum AVAILABLE FUNDING: Budgeted by 2017 SWM CIP Update $100,000.00 Budgeted 401 Fund Salaries $21,323.00 SWM-Unallocated-CIP Transfer 570.000:80-------- ----- --------- ---------------- SWM ---------SWM Fund 304 Transfer $79,000.00 Total Available Funding $270,323.00 Background Information: This project will repair deteriorated storm water pipes. These pipes were identified by the 2018 Storm Drain CCTV Inspection and Assessment project. Rev.6/2019 January 6,2020 Land Use and Transportation Committee 2019 Storm Pipe Repair Phase 2 Bid Award Page 2 The 2018 Storm Drain CCTV Inspection and Assessment project started in 2018. The goal of the project is to proactively inspect storm drain assets and identify maintenance and repair needs before they cause flooding and/or other damage. The project has identified numerous deteriorated pipes that are in need of repair. The project for repairing these deteriorated pipes has been divided into two phases. Phase 1 has been completed for the pipes that must be repaired with the open cut method. Phase 2 will repair the pipes with a more cost effective trenchless method. Three bids were received and opened on December 10, 2019 for the 2019 Storm Pipe Repair Phase 2 project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Insituform Technologies, LLC, with a total bid of$139,156.00. Staff reviewed the bids received. As all the bids were relatively close in cost staff believes that the City is unlikely to receive better bids if the project was to be rebid. Staff recommends awarding the 2019 Storm Pipe Repair Phase 2 project to Insituform Technologies, LLC, the lowest responsive, responsible bidder, in the amount of $139,156.00 and approve a 10% contingency of$13,915.00 for a total of$153,071.00 and authorize the Mayor to execute the contract. o 0 0 0 0 0 0 0 o g o 0 0 0 0 0 0 o S o 0 0 0 0 0 0 9 g S uO - .y O .� n N o 10 O O n n N 0 0 O O N O O O O O N to a g00 V m m Ol O m v n a m M Ol m O N a n N lO a b w O O m 1� m 00 Yl O N a m T N M m m N N n O m m N T N T OI O 01 r1 .� GO � � mm a M P Irl Ol T 1� T M N M M Ot 111 1� O O O O c E --M M - M N-N m Q .... h N N N N Q--H V1 N—to to N W m•N O o �- W W N Ul U1 N 0 Fm O O O O O OO O O O O o 0 O O O O O O o 0 O O O'.O > > T 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O o 0 y E O C v n v m o N O ill < N O Il N N N O m N N 10 to _ H � � r m � VV N N V1 Vl:. .VI N V1 ?Vl N. 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N N - N V1 N m,VT iR V1'Vl'Ul r 3 5 5 a a m LL uLi Li F Q F � Q Q z U Z U - U 7 � � ._._ m E E K 2 o t U .o1. m O V � lo E E ¢ 'u 3 E u 3 a a.� - z tui v_ n. ti z m z a 0 0 — o — a s N d o a — _ a ¢ ¢ a E m u '« = m a m c Q .« = m a m c + + v c v o � m o o E E c N i u o o o E c °1. u 4 — o o E c a.. r u a o =o W N V a C 0 N a o " =o o N U Q m m m LL L 000 0 2 w a U a a o m V O.— c _ S a o U = c = E o m m m m vl in m o u E v v n v a a c « o a E v v v m E o a E v v v a E v v v c ° m m m Ilii a u = a u u o a o a o 0 0 0 0 F a 1- a i a u ¢ 2 a = a u -o 1- 1- 'm 'm 'm 'm u H H H COUNCIL MEETING DATE: '' ITEM#: CITY FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:INDUSTRIAL PARK PARKING RESTRICTIONS AND TOW AWAY ZONES POLICY QUESTION: Should the Council authorize the installation of parking restriction and tow away zone signs along S 341St Pl, 18th P1 S,and 21St Ave S? COMMITTEE: Land Use&Transportation Committee MEETING DATE: Jan. 6,2020 CATEGORY: ® Consent ❑ Ordinance 0 Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Kennedy Sr.Traffic Engineer DEPT: Public Works Attachments: Staff Report Memo Map of Proposed Option(Option 1 as voted on via balloting) Options Considered: 1. Authorize the installation of parking restriction and tow away zone signs along S 341St Pl, 18th P1 S, and 21St Ave S. 2. Do not authorize the installation of parking restriction and tow away zone signs along S 341St Pl, 18'PI S, and 21St Ave S. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: / DIRECTOR APPROVAL: Z/ f Zftpt ( iieritn: Coun. E lnitialll]atc lnitiaVDate Initial/ ale COMMITTEE RECOMMENDATION: I move to forward :U V-1 to the tZi(1v0.f y 1 O (fill in date) consent agenda for approval. Mark Ko ,Committee ChjiK less nson,Committee Member Hoang Tran,Committee Member PROPOSED COUNCIL 1O'I[ON: `I move approval Of 4 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: January 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell,Mayor FROM: EJ Walsh, P.E.,Public Works Director Jason Kennedy, Senior Traffic Engin SUBJECT: Industrial Park Parking Restriction and o Away Zones (south of South 336", east of 16"South,west of I-5,north of South 348") FINANCIAL IMPACTS: This project is not part of the Neighborhood Traffic Safety (NTS) Program because this is not a residential location. Additionally, it is estimated that 2020 NTS funds will be used by residential traffic calming projects currently in the program queue. The estimated cost of this project is approximately $11,000, which includes sign materials and King County Road Services Division time to fabricate and install signs, and City staff time to plan and review. Public Works may have the opportunity to fund and conduct the work for this project with its 2021 operational budget. However this is dependent on the availability of unprogrammed operational funds, as this particular project is currently not a line item in the budget. BACKGROUND: City of Federal Way Public Works staff and Federal Way Police hosted a meeting with business community members held on September 19, 2019, to discuss on-street parking issues in the industrial park area south of South 336th Street, east of 16th Avenue South, west of I-5, and north of South 348' Street. Property and business owners communicated their concern about the high volume of vehicles, including large commercial vehicles, parking on- street and restricting sight distance at driveways. These parked vehicles cause increased delay for traffic passing through the area and also reduces the availability of parking for business employees and their customers. Vehicles have parked in the road ("double-parking") due to the lack of available legal parking, as well as in front of driveways,mailboxes, and other assets that need to be clear of vehicles. PROPOSAL: Based on these concerns, Option 1 (below) was developed to implement parking restrictions and tow away zones to reduce the number of parked vehicles along industrial park area streets. Option I—Parking Restrictions and Tow Away Zone This option would include the installation of the following signs as show on the attached figure: • "NO PARKING" and"TOW-AWAY ZONE" signs on the south side of S 34151 Place, between 16`h Avenue S and 20th Avenue S "NO PARKING" and"TOW-AWAY ZONE" signs on the east side of 18'Place S, between S 340`h Street and S 341"Place r "NO PARKING VEHICLES OVER 30,000 POUNDS" and "TOW-AWAY ZONE" signs on both sides of 21St Avenue S • "10 HOUR PARKING" and "TOW-AWAY ZONE" signs on north side of S 341St Place, between 16th Avenue S and 20th Avenue S • "10 HOUR PARKING" and"TOW-AWAY ZONE" signs on the west side of 18th Place S, between S 340th Street and S 341St Place • The proposed signing should be effective in reducing parked vehicles where they have caused issues. Option 2—No Action This option would not install parking restriction and tow away zone signs. Advisory Ballot City staff sent a total of 76 ballots to property owners and occupants within 600 feet (measured along the road centerline) of the proposed parking restrictions and tow away zone locations. The table below summarizes the incomplete ballot results for the 11 ballots received to-date(17%return rate): 2019 Industrial Park Parking Restriction/Tow Away Zone Ballot Results Option Description Total Percent 1 Parking Restrictions and Tow Away Zone 11 85% 2 No Action 2 15% The Traffic Division staff proposal is in accordance with the balloting results in recommending Option 1. The exact locations of the parking restrictions and tow away zone signs will be determined by Traffic Division and Police staff to ensure proper placement for enforceability. The proposed package should be effective in reducing delay for through traffic passing through the area and improve parking availability for business employees and their customers. cc: Project File Day File encl: Map of option 1 O O A C A Z Z i G1 p Gl G T. of = Z n (1 0 r m m � 4 OG O D O N N m^ x r U m m `^ m N w rD k 4 Ln Q O O ,. LD Ln t COUNCIL MEETING DATE: January 21,2020 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PUBLIC HEARING REGARDING THE EXTENSION OF ORDINANCE NO. 19-862 FOR A SIX-MONTH PERIOD UNTIL FURTHER DIRECTION IS PROVIDED BY THE FEDERAL COURTS. POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call= City Attorney DEPT: Law Attachments: Staff Report Background: The Federal Communications Commission ("FCC") adopted rules that control how local entities may regulate telecommunications facilities in the public rights-of-way. This public hearing is being held regarding the adoption and extension of interim land use regulations (pursuant to Title 19 FWRC) to control the provision of telecommunications facilities within the City while the federal courts determine the legality and scope of the FCC's rules and regulations. The interim land use ordinance will be brought before Council for consideration and action during the"Ordinances" agenda item at this meeting. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: C, t ZZ Committee u:1Cr1 ]nitiailDai Initial/Date t- Ir:n. I D a t c COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COLINC I L 110 i i f}N: .! I (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: January 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Six Month Extension of Interim Zoning Ordinance No. 19-862 Financial Impacts: There are no financial impacts to the City at this time. Background Information: In January 2019, Ordinance No. 19-862 was enacted in part to address the requirements of the Federal Communications Commission ("FCC") regarding zoning regulations for telecommunications facilities. These regulations stemmed from Regulatory Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") imposes limitations on the processing of all permits associated with the deployment of small wireless facilities.The FCC Order has been subject to multiple appeals, which have been consolidated before the Federal Ninth Circuit Court of Appeals. Oral argument for this matter has been scheduled for February 2020,with a decision to be made at an unknown date in the future. City Council is being asked to approve an extension of the previously adopted interim zoning ordinance, Ordinance No. 19-862, to delay the adoption of permanent small wireless regulations until the federal courts clarify the scope and legality of the FCC Order. The City's current interim zoning ordinance lapsed on January 9, 2020; therefore, for the ordinance to go into immediate effect and close the gap in regulations,Council must pass the emergency ordinance with a majority plus one of the whole membership of Council. Rev.7/18 COUNCIL MEETING DATE: January 21,2020 ITEM#:7 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:2020-2021 CITY COUNCIL COMMITTEE APPOINTMENTS POLICY QUESTION: Should the Council ratify the Deputy Mayor's Council Committee Appointments for 2020-2021? COMMITTEE:N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ste hanie Courtne City Clerk DEPT: Mayor's Office Background: Per Section 20.9 of the City Council Rules of Procedure, the Deputy Mayor will make Council Committee assignments in January to be ratified by Council.Membership terms are as follows: 1. Three(3)Councilmembers serving two (2)year terms. • Finance,Economic Development, and Regional Affairs Committee(FEDRAC) • Land Use and Transportation Committee(LUTC) • Parks,Recreation,Human Services, and Public Safety Committee(PRHSPSC) 2. One(1)Councilmember serving a two(2)year term. • Lodging Tax Advisory Committee Attachments: Proposed 2020-2021 Council Committee Appointments Options Considered: 1. Approve the Council Committee Appointments as presented. 2. Amend the Council Committee Appointments. MAYOR'S RECOMMENDATION:N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council tial/Data Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Council Committee Appointments as presented. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF ' .�.. Federal Way Centered on Opportunity 2020-2021 City Council Committees Appointments&Meeting Dates Finance, Economic Development & Regional Affairs Council Committee FEDRAC Members: Hoang Tran, Chair Meets: 4th Tuesday at 4:30 p.m. Mark Koppang, Member City Hall-33325 8th Ave South Linda Kochmar, Member Hylebos Conference Room Staff: Ade Ariwoola/Finance Department Land Use &Transportation Committee (LUTC) Members: Mark Koppang, Chair Meets: 1st Monday at 5:00 p.m. Hoang Tran, Member City Hall—33325 8th Ave South Martin Moore, Member Council Chambers Staff: EJ Walsh/Public Works Department Parks, Recreation, Human Services, Public Safety Committee (PRHSPS) Members: Linda Kochmar,Chair Meets: 2nd Tuesday at 5:00 p.m. Lydia Assefa-Dawson, Member City Hall—33325 8th Ave South Jesse Johnson, Member Hylebos Conference Room Staff: John Hutton/Parks Department Lodging Tax Advisory Committee (LTAC) Member: Lydia Assefa-Dawson, Chair Meets: 2nd Wednesday at 10:00 a.m. Staff: Tim Johnson/Economic Development City Hall—33325 8th Ave South Hylebos Conference Room Alternate Off-Site Meeting Location Appointments Approved by Council: Standing Meeting dates and times may be adjusted based upon Council availability. COUNCIL MEETING DATE: January 21,2020 ITEM#: 7b ............................ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PROPOSED 2020 COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTERS LOCAL UNION NO. 763 POLICY QUESTION: Should the City Council authorize the Mayor to execute the Proposed Collective Bargaining Agreement with the Teamsters union? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY:J.Ryan Call, City Attorney DEPT: Law Attachments: Staff Report Proposed 2020 Collective Bargaining Agreement with the Teamsters Local Union No. 763. Options Considered: 1.Approve the proposed Agreement 2.Reject the proposed Agreement and direct the City to continue negotiations. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A DIRECTOR APPROVAL: awl A I LO Committee u�tail [nitiaVDatc Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2020 Collective Bargaining Agreement with the Teamsters Local Union No. 763. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: January 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: 2020 Teamster Local Union No. 763 CBA (Public Works and Parks Maintenance Employees) The Teamsters have voted to ratify the proposed 2020 collective bargaining agreement negotiated through their union representative. The contract presented conforms with authority and instructions previously provided by Council to the City's negotiating team. Financial Impacts: The cost to the City for this one (1)year contract was included within the approved budget. The cost of a 2.5% COLA for 2020 will be $52K. The total cost of the 2020 Teamsters contract will be $2.12 million. Background Information: The Teamsters contract expired on December 31, 2019. The employees represented by the Teamsters (Public Works and Parks Maintenance) are part of the class and compensation study that the City's contractor is currently working on. In light of this, the parties have agreed to roll over the previous contract for one (1) year, with a 2.5% COLA for 2020. Mayor Recommendation: Approve the proposed CBA with the Teamsters Local Union No. 763. Rev.7/18 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Maintenance Employees} 'CHER y�p 4 d � a January 1 , 2020 through December 31 , 2020 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL&OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Department Maintenance Employees) January 01, 2020 through December 31, 2020 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION...._ .. .2 ARTICLE II PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES............ .. ....4 ARTICLE III HOURS OF WORK...................................... _ _........... ......... ..... ....5 ARTICLE IV OVERTIME AND SPECIAL PAY.................................................................. .......6 ARTICLEV WAGES........................... ............. ............................ ................................ . . .....8 ARTICLEVI HOLIDAYS .................................................... . . .. . ........_ .......... ............... ... ...8 ARTICLEVII VACATIONS................................. .............................................................. . ......9 ARTICLEVIII LEAVES.......................................................................................... ............... .......9 ARTICLE IX HEALTH AND WELFARE BENEFITS .............................. ...... ..................... .. 13 ARTICLE X EQUIPMENT, UNIFORMS AND TRAINING.................................................. . ..13 ARTICLEXI DISCIPLINE.................................................. ..................... ....................... 14 ARTICLE XII GRIEVANCE PROCEDURE.. . ... .... ....... . .._------.-----. .................... 15 ARTICLE XIII MISCELLANEOUS.......... ..................... ............................. --------- -- 16 ARTICLE XIV MANAGEMENT RIGHTS.. . .................................................... ..... 17 ARTICLEXV SAVINGS CLAUSE.............................................. ..... ............................ .. 18 ARTICLEXVI DURATION............................................................................... .. ..... . 18 APPENDIX'W' CLASSIFICATIONS AND RATES OF PAY...................... ............. ........... 19 AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL&OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Parks Maintenance Department Employees) January 01, 2020 through December 31, 2020 THIS AGREEMENT is by and between the CITY OF FEDERAL WAY,WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL&OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE 1 RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION 1 1 �:c©gnition-The City recognizes the Union as the sole and exclusive collective bargaining representative for all full-time and regular part-time maintenance and operations employees within the Public Works and Parks Departments of the City of Federal Way, excluding seasonal/temporary employees working less than one-sixth time(347 hours) of a regular, full time employee, supervisors and confidential employees. 1.1.1 For the purposes of this Agreement, a"seasonal"or"temporary"employee shall be defined as an individual employed for less than twelve hundred (1200) hours in a twelve (12) consecutive month period. In the event an individual employed as a seasonal/temporary employee is employed one-sixth time of a regular, full time employee (347 hours) in a twelve (12) consecutive month period, the employee shall become eligible to voluntarily join this bargaining unit as a member, and will be entitled to the Seasonal/Temporary rate of pay as outlined in Appendix"A" but will only have those benefits specifically outlined in Section 1.1.2 until reaching twelve hundred (1200) hours of employment. In the event an individual employed as a seasonal/temporary employee is employed for more than twelve hundred (1200) hours in a twelve (12) consecutive month period, the employee shall be covered by this collective bargaining agreement as if he/she were a regular employee. 1.1.2 Bargaining unit seasonal/temporary employees who have worked more than one-sixth time of a regular, full time employee (347 hours), but fewer than twelve hundred (1200) hours in a twelve (12) consecutive month period, will be covered by the following ARTICLES, Sections and APPENDIXES: ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 All Sections 2.2 Sections 3.4 Section 4.1 All Sections Sections and 2.5 and 3.5 ARTICLE 10 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 Sections 10.1 All Sections" All Sections All Sections All Sections and 10.4 ARTICLE 16 APPENDIX"A' All Sections Section A.4 *The scope of grievances filed by seasonal/temporary employees are limited to Section 10.1 and the hourly rates of pay for Seasonal/Temps as outlined in Section A.4 of Appendix A. 2 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 1.2 Pavroll Deduct,on —The Employer shall make deductions for Union dues, initiation fees, and/or agency fees from the wages of all employees covered by this Agreement who execute a properly written authorization to the Employer demonstrating the employee has affirmatively consented to the deduction of such dues/fees. The Union shall provide the Employer the signed authorization prior to the commencement of the deductions. Such deductions shall be remitted to the Union on a monthly basis. The Employer will stop or revise deducting such dues/fees from employees who revoke or revise consent or other written direction regarding payroll deductions, to the Employer; the Employer will promptly provide the Union a copy of the written revocation or change in deductions relating to union dues or fees. The Union shall defend, indemnify and hold the Employer harmless against any and all liability resulting from the dues and/or fee deduction system taew-Hire Of,ie'ntation—Within seven (7) days from the date of hire(or the next pay period after a seasonal crosses the 347-hour threshold)the Employer shall notify the Union of all new full-time and part-time employees hired into the bargaining unit. The Union and shop steward will then be provided 30 minutes during employees' regular working hours for purposes of presenting information about the bargaining unit and Union membership.This shall generally occur within the first two (2) weeks following notification of an employee's date of hire (or, for seasonal/temporary employees, from the date of eligibility into the bargaining unit), but in no instance later than 90 calendar days. Employees have the option to attend or not attend the orientation. 1.3 Union Notlication - The City shall promptly notify the Union of all employees leaving its employment. 1.4 BLIlet n Roards - The City shall provide suitable space for a bulletin board at the maintenance facility. Postings by the Union on the bulletin board shall be confined to official business of the Union; provided such notices shall not be derogatory of the Employer, its elected officials or other personnel. 1.5 Si oo Sre,v2rd —The Union may appoint an accredited shop steward for the bargaining unit. The shop steward shall be a regular employee. The function of the shop steward shall be to meet with the Employer concerning matters vital to the employees in the bargaining unit; provided, however, the shop steward's role shall not interfere with the normal functioning of the Employer. Prior permission from the employee's supervisor shall be obtained whenever a shop steward's activities during regular work hours are involved. The accredited shop steward shall be the only one to take up with the Employer any alleged violation of this Agreement that reaches Step 2 of the grievance procedure. The Union shall be the only party with the authority to appeal any grievance to Step 3 of the grievance procedure. 1.6 Un on OTficar Leave—An employee elected or appointed to a Union office may, upon timely application and approval thereof by the City, be given leave of absence up to sixty four (64) hours per year to attend Union conferences or Union workshops. The leave shall be without pay and without loss of seniority. The City reserves the right to deny the request depending upon the season, staffing levels, and/or the adverse impact on the operations. 3 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE II PROBA11014 PERIOD, LAYOFF. RECALL AND JOB VACANCIES 2.1 Probation Per.od-A new employee shall be subject to a twelve(12)month probation period commencing with his most recent first date of hire in a bargaining unit position. During this period, such employee shall be considered as being employed on a trial basis, subject to immediate dismissal at any timer at the sole discretion of the City. Discharge of an employee during his probation period shall not be subject to the grievance procedure. 2.2 Senior, - An employee's seniority shall be defined as that period of compensated work for the City from the employee's most recent first day of compensated work within a position now covered by the bargaining unit. Any time of uncompensated leave in excess of thirty- one(31)calendar days shall be deducted from the employee's seniority. 2 2 ' An employee's seniority shall be broken so that no prior period of employment shall be counted and his/her seniority shall cease upon: Discharge for cause as defined in Article XI; Voluntary quit; Leaving the bargaining unit to accept a position with the City outside of the bargaining unit; Failure of the employee to notify the City of his/her willingness to return to work upon recall from an indefinite layoff within ten (10) calendar days after mailing of written notice from the City to his/her last known address appearing on the City's records; Layoff exceeding twenty-four(24) months; and/or A Leave of absence exceeding six(6) months. 2.2.2 Each calendar year, upon the request of the Union, the City shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his/her present classification and his/her first date of compensated work within the bargaining unit. 2.3 Layoff- In case of a layoff, employees shall be retained on the basis of job performance and length of continuous service. When job performance is relatively equal, the employee with the shortest length of continuous service shall be laid off first. Relative job performance shall be determined on the basis of qualifications, recent job performance evaluations and currentjob evaluations. Qualifications shall be determined by the knowledge, abilities and skills required for the affected position, as stated in the classification descriptions, and the employee's ability to perform the remaining work without further training. 2.4 Recall - In the case of recall, those employees laid off last shall be recalled first. An employee on layoff shall keep both the City and the Union informed of the address and telephone number where he can be contacted. When the City is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the City are able to contact the employee within seven (7)calendar days from the time the Union is notified, the City's obligation to recall the employee shall cease. 2.4.1 The City shall have no obligation to recall an employee after he/she has been on continuous layoff for a period of twenty-four(24) months. Should an employee not return to work when recalled, the City shall have no further obligation to recall him/her. 4 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 2.5 icl?Vac ancies-Opportunities for promotion shall be posted on the work site bulletin board for not less than seven (7) calendar days, during which time employees who have completed their probation period may apply. Posted job opportunities shall contain an adequate description of the job duties and the rate of pay. It is the intent of the parties to provide qualified employees with opportunities for promotion; provided however, the City shall determine who the best qualified person is for the job. ARTICLE III HOURS OF WORK 3.1 Hours of Wwk The City acknowledges the Union's desire to minimize weekend work for long-term employees, and therefore will implement the following work schedule as a pilot program. Both parties reserve the right to reopen this section during the term of this agreement. The normal workweek for Public Works and Parks Department employees shall consist of five (5) consecutive days of either (8) consecutive hours excluding meal periods, 7:00 A.M_ to 3:30 P.M. or four(4)consecutive days of ten (10)consecutive hours; provided, however, from March 1 through October 31, workweeks may include Saturday and/or Sunday. Saturday and Sunday work will be assigned by shift-bidding by department seniority. Before shift-bidding is used to determine weekend shift assignments,the City will make a reasonable effort to use seasonal employees to cover weekend shifts if qualified and capable seasonal employees are available. In order to incentivize seasonal coverage of weekends, seasonal employees working weekend shifts will be compensated with an additional one dollar ($1.00) per hour over their normal hourly rate for hours worked on Saturday or Sunday. The City retains discretion to exclude specific positions from bidding on weekend shift work or to create positions that are permanently scheduled for weekend work. Examples of positions that are likely to be excluded from bidding on weekend work or may have permanent weekend schedules include facilities, Town Square park, Community Center and PAEC. The parties agree to meet to discuss other shift options should either party wish to propose a change to be adopted by mutual agreement. 3.1.1 Notwithstanding the foregoing, changes in starting times and/or days of the week for each employee may be made by the City based upon seasonal demands for service, reasonable operating needs of the City and natural consequences, including without limitation fires, earthquakes, storms and floods. 32 Flex -1-in e- By mutual agreement between the employee and the City, an employee may be assigned a schedule other than as set forth within Section 3.1. 3.3 Smit Charac-Each employee shall be assigned to a regular shift starting time which shall not normally be changed without at least forty-eight (48) hours notice. In the event an employee's regular shift starting time is changed with less than forty-eight(48)hours notice, he/she shall be paid an additional one dollar and seventy-five cents($1.75)per hour for all hours worked outside of his/her previous work schedule, exclusive of overtime and only during the remainder of the employee's scheduled work week. 3.4 nest Perlcds - Employees shall receive a rest period of fifteen (15) minutes on the City's time for each four(4) hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of each four(4) hour work period. No employee shall be required to work more than three (3) hours without a rest period. By mutual agreement between the employee and the City,the rest periods may be taken at a time other than stated above. 3.5 Meal Periods-Employees shall receive a meal period of thirty(30) minutes which shall be on the employee's own time and which shall commence no less than three (3) nor more than five (5) hours from the beginning of the shift. By mutual agreement between the employee and the City, the meal period may be taken at a time other than stated above. Employees who work more than three(3) hours longer than their normal workday may, at the option of the employee, receive an additional unpaid meal period before or during their overtime. 5 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE IV OVEIR T IMF` AND SPECIAL PAY 4.1 Overtime-"Overtime" is defined as authorized hours worked in excess of forty(40) hours In an employee's seven-day work week or eight(8)hours per day, unless an alternate work schedule has been established by the City for a particular work unit or individual. "Hours worked"for purposes of determining overtime pay shall include holidays,vacation and sick leave used for scheduled doctor and/or dental appointments, but shall not include any other time compensated but not worked. The standard "work week" consists of the period from midnight Saturday to 11:59 P.M. the following Saturday. 4.1.1 Overunne Kotaiion —A list of regular employees will be maintained for the Parks crew and a separate list will be maintained for the Public Works crews. When overtime is available, employees will be contacted and offered overtime in order beginning with the next employee on the applicable list following the employee who worked the last overtime opportunity until an employee is available to work the overtime. This rotation will continue for all overtime not related to shift completion or assigned special projects. 4.1.2 Mandatory Dveriunne-Should no employee accept overtime when it is offered pursuant to Section 4.1.1, then the employer will assign the overtime from the least senior to most senior employee. Seniority shall be determined based on length of time with the City. In no event shall an employee with less than six (6) months experience be assigned to mandatory overtime. Mandatory overtime shall not affect the overtime rotation in Section 4.1.1. 4.1.3 [+iax mun-, CcnsecutNve- Hours—Generally, the City will work to ensure that employees do not work more than 16 hours in a period of twenty-four (24) consecutive hours. In rare cases (during an emergency or other necessity), the City may waive this rule if, in the judgment of management,the 16-hour cap on consecutive hours worked can be exceeded safely. In cases where unscheduled or emergency work prevents a reasonable rest period before the employee's regularly scheduled shift begins, the employee will be directed to either begin his or her shift 4 hours late or skip the next work shift entirely, at the discretion of the supervisor. The employee will be compensated for the full eight(8) hour shift as if it had been worked normally. Management shall document in writing,with a copy to the affected employee, when this occurs including a statement that the employee will be compensated for time missed due to insufficient rest. 4.2 Compensatory Time-An employee may request compensatory time oft in lieu of overtime payment subject to approval and scheduling by the City. Compensatory time shall be taken at the rate of one and one-half(1-112)times the actual time worked. Employees shall be encouraged to use compensatory time accrued within ninety (90) days of earning it, whenever possible. In no event may compensatory time be accrued in excess of eighty (80) hours(i.e. 53.33 hours x 1.5 =80 hours)_ 4.3 Callout-An employee who has left work and is called out to work after completion of his/her regular shift_shall be paid a minimum of three (3) hours at one and one-half(1-1/2) times his/her regular straight-time hourly rate of pay. However, if the employee is called out less than two (2) hours from the time he/she is scheduled to start his/her regular shift, he/she shall receive one and one-half(1-1/2)times his/her regular straight-time hourly rate of pay only for such time as occurs before his/her regular starting time. All call-out time worked outside of the employee's regular work hours shall be paid at the rate of one and one-half (1-1/2) times the employee's regular straight time rate of pay. In the event the City grants a minimum callout greater than three(3)hours to another bargaining unit of City employees or the majority of other City employees, the Union shall have the right to reopen negotiations on the issue of minimum callout 6 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 4.4 Standby- Except as otherwise provided herein, the current City policy regarding Standby Duty shall remain in effect. Standby duty may include week nights and weekends or other non-regular work hours. Standby hours will begin when an employee leaves work and end when the employee returns to work—except standby pay will not be paid Monday through Friday during the employee's normal work hours, including flex days or scheduled overtime work. Employees who are assigned Standby Duty shall receive three dollars and 00/100 ($3.00) per hour for each hour of Standby Duty. Employees on Standby Duty shall not consume alcohol or controlled substances. Whether or not Standby Duty is eliminated, modified or expanded shall remain at the sole discretion of the City. During emergency events, standby pay shall not be paid between shifts. An employee on Standby Duty who is called out shall receive the applicable Callout rate in addition to Standby Duty pay. 4.5 TempgfarL Ass.annlent Pay - When an employee is temporarily assigned to assume substantial responsibilities as a substitute for an absent bargaining unit employee in a higher classification, the employee shall receive five percent (5%) above his regular rate of pay or Step A of the higher class (whichever is greater) for hours worked in such temporary assignment. No temporary assignment pay shall be paid for a period of time less than five (5) working days. The added compensation shall cease when the assignment ends. 4.5.1 Temporary assignment pay for assignments in which a bargaining unit employee works as a substitute in the absence of an employee working in a non-bargaining unit position shall be administered and compensated pursuant to applicable City policy. Any such assignment in excess of ten (10) consecutive working days shall be by mutual agreement between the employee and the City. 4.5.2 Unless otherwise provided herein, assignment of employees to temporary assignments in or out of the bargaining unit and the duration of such assignments shall remain at the sole discretion of the City. 4.6 Emcraency Ivied Reirnhursernent- Emergency crews, with authorization of the City, may eat off the clock at area establishments specified by the Purchasing Manager. Such establishments shall directly bill the City. 4.7 Non-Emergency Travel - Employees shall be reimbursed for reasonable costs of vehicle operation, meals and lodging for travel and such related expenses away from the City in accordance with City policy. 4.8 Non-[-Iyram�dina - Premium or overtime pay shall not be duplicated or pyramided. Unless required by the Fair Labor Standards Act(FLSA), premium or overtime pay shall be based on the employee's regular straight-time rate of pay. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Compensation received by any employee for reasons other than work actually performed at the employee's City job assignment, including but not limited to sick leave, vacation leave, holiday leave, funeral leave, compensatory time, civil and military leave shall not be pyramided one with another nor added to compensation for actual work performed during an employee's work schedule. 4.9 Erneraencv ShA—In the event that the City wishes to change the twelve-hour shifts in the event of a weather emergency, the schedule will be 11:30 p.m. to noon and 11:30 a.m. to midnight. 7 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE V WAGES 5.1 The classifications of work and monthly rates of pay for employees covered by this Agreement shall be set forth within Appendix"A"to this Agreement which by this reference shall be incorporated herein as if set forth in full. Should it become necessary to establish a new job classification within the bargaining unit during the term of this Agreement, the City may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent contract are negotiated, or six (6) months after the classification is established, whichever is earlier. ARTICLE VI LtOLIDAYS 6.1 Employees shall receive the following holidays off with compensation at their regular straight-time hourly rate of pay: New Year's Day January 1st Martin Luther King, Jr.'s Birthday 3rd Monday of January President's Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4th Labor Day 1st Monday of September Veteran's Day November 11th Thanksgiving Day 4th Thursday of November Day Following Thanksgiving Day Christmas Day December 25th 6.1.1 Holidays shall be observed on those dates set by State law. Any holiday falling on Sunday shall be observed on the following Monday. Any holiday falling on Saturday shall be observed on the preceding Friday. 6.1.2 Holidays in addition to those set forth within this Article granted to another bargaining unit of City employees or the majority of other City employees shall be provided to the bargaining unit. 6.2 If a holiday occurs while an employee is on vacation or sick leave, the holiday shall be utilized rather than charged against the employee's accrued vacation or sick leave. 6.3 Regular employees employed as of January 1st and new regular employees starting employment between January 1st and June 30th of each year will accrue eight(8) hours as a Floating Holiday, and regular employees employed as of July 1st of each year will accrue an additional eight (8) hours as a second Floating Holiday and new regular employees starting between July 1st and December 31st will accrue eight (8) hours as a Floating Holiday. The floating holidays must be used during the calendar year. No unpaid floating holiday will be paid out upon termination of employment. 64 Employees scheduled to work on a holiday shall receive his/her regular holiday compensation plus time and one-half for actual time worked as long he/she doesn't take another day off in exchange for that day and hasn't used any sick or other compensated time off (excluding vacation time) during that week, as provided in Section 4.1. If an employee elects to take another day off in exchange for the holiday, the employee shall schedule such time off with the approval of his supervisor and shall be paid his regular straight time rate in lieu of being paid the additional time and one half for hours worked on the holiday- 8 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 6.5 In the event the observation of a holiday falls on an employee's regular day off, the employee shall be granted another day off with pay, which date shall be by mutual agreement between the employee and the supervisor. 6.6 All full-time employees shall receive eight(8) hours of pay per holiday. Those employees whose work schedule consists of other than an eight(8) hour work day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. In lieu of using accrued leave for such purpose,the employee may request to work additional hours in the same scheduled workweek, which hours shall be mutually agreed upon in advance between the employee and the employee's supervisor. ARTICLE VII VACATIONS 7.1 Full-time employees shall accrue vacation leave at the following rate: Initial hire through the fifth (5th) Eight(8) hours per month complete year of continuous employment After five(5)full years of continuous Eleven (11) hours per month employment After ten (10) full years of continuous Twelve and%(12.5) hours per month employment i After fifteen (15) full years of continuous Fifteen (15) hours per month employment _ After twenty (20) full years of continuous Seventeen (17) hours per month employment_ _ After twenty five (25) full years of Eighteen (18) hours per month continuous employment 7.2 Vacation leave may be used as soon as it is accrued. Vacations shall be scheduled at such times as the City finds most suitable after considering the wishes of the employee and the requirements of the department. 7.3 An employee may not carry over to each subsequent calendar year more than two hundred forty(240) hours of vacation. 7.4 Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight-time hourly rate for any accrued unused vacation leave time up to a maximum of 240 hours, which shall be paid on the employee's final paycheck. 7.5 Servic.= Leave — Regular employees in positions not eligible for Sabbatical Leave per Employee Guideline 8.12 will be provided a one-time accrual of 40 hours (pro-rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment(ie: after 10 years, 20 years, 30 years, etc.). ARTICLE VIII LEAVES 8.1 Sick Leave - Full-time employees shall accumulate sick leave pay at the rate of eight (8) hours per month of service to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the employee's regular straight-time hourly rate of pay from and including the employee's first(1 st)working day absent. 9 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 8.1.1 Sick leave benefits may be used for bona fide cases of sickness, accidents, doctor and dental appointments of the employee, and to care for a dependent child (including step or foster) under the age of eighteen (18)who has a health condition that requires treatment or supervision, a spouse, domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition as more particularly described in WAC 296- 130. 8.1.2 Up to two hundred forty (240) hours of accrued sick leave may be used to care for the healthy newborn within twelve (12) months of the birth, adoption, or placement for foster care. This leave runs concurrent with applicable Federal and State family leave law available to the employee and does not extend available leave beyond that required by law. Approval of the schedule for using this leave is at the sole discretion of the City_ 8.1.3 Washington Paid Sick Leave— Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code(WAC)and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Union members to care for their health and the health of their family members. Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as a medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury, health condition and/or preventive care such as a medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health- related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault or stalking;attending health care treatment for a victim who is the employee's family member; obtaining, or assisting the employee's family member(s) in obtaining services from a domestic violence shelter, a rape crisis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and, participating,for the employee or the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto,or foster parent, stepparent,or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild, or sibling. Accrual —As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty(40)hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective bargaining agreement. 10 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees Carry For%varJ—The total sick leave hours that will be carried forward at year-end,for both standard sick leave and Washington Paid Sick leave, will be seven hundred sixty (760) hours. This will include a maximum of forty(40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of seven hundred sixty(760) hours, any hours of Washington Paid Sick Leave in excess of the forty(40) hour carry forward amount will be transferred to the City sick leave bank, so that the employee does not lose hours that they previously would have banked prior to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of seven hundred sixty(760) hours be carried forward. Vzrif�caticn_of Absences_Exce____ T t e Days—If an employee is seeking to use or has used Washington Paid Sick Leave for authorized purposes for more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. Reinstatement of Employment— Employees separating or retiring from employment will not be provided with financial or other reimbursement for unused, accrued Washington State Paid Sick Leave. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty(40) hours carry over provided that the employee had forty (40) or more hours banked upon separation. Retaliation Prohibtfec — Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. 8.1.4 If an employee exhausts his/her accrued sick leave, the employee has the option to use accrued vacation leave or compensatory time. 8.1.5 If the job related injury or illness requires the employee to be absent from work, the employee will be paid his/her regular pay for up to thirty (30)work days. The employee is "kept on salary" and is not required to use accrued leave and will not be eligible for State industrial insurance time loss payments. After thirty (30) "kept on salary" days, if the employee is not able to return to work, he/she will then be eligible for State industrial insurance time loss payments according to a set formula based on marital status and number of dependents. The,City will continue to pay its portion of the health insurance premiums while the employee is"kept on salary." 8.2 Bereavement Leaves,- -An employee who has a member of his immediate family taken by death shall receive at the employee's option up to thirty(30) regularly scheduled hours off with pay as bereavement leave. Upon approval by the Employer an additional fifty (50) regularly scheduled hours of sick leave may be used by the employee. 8.2.1 "Immediate family" shall be defined as wife, husband, domestic partner, daughter, son, mother, father, sister, brother, aunt, uncle, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandmother, grandfather, grandchildren, and equivalent step relations. 8.2.2 With Employer approval, an employee may use up to eight(8)hours of sick leave to attend the funeral of a close friend or relative other than those set forth within Section 8.2.1. 8.2.3 Based on unusual circumstances, the Employer may construe more broadly the definition of immediate family to other persons living within the employee's household, or others related to the employee by blood or marriage, or to established relationship having attributes to familial ties. t1 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 8.3 Jury Leavy; - The City acknowledges that its employees have obligations as citizens to serve on juries and jury panels, and to appear in court as subpoenaed witnesses. Employees will be provided up to sixty (60) regularly scheduled hours leave with pay per summons to participate as jurors or subpoenaed witnesses,unless appearing as a witness, plaintiff, or defendant against the City in legal action. Compensation received by the employee, with the exception of mileage reimbursements, shall be reimbursed to the City to the end that the employee shall not receive more total compensation in the form of regular pay and compensation for jury duty than the employee would normally receive as wages from the City. The City shall have the right, at the City's expense and after consulting with the employee, to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. 8.3.1 If an employee has sufficient time to work one-half(112)day or more after being dismissed from jury duty or while waiting to be impaneled, he shall report to work that day. 8.4 Leave a4 Absence-Leaves of absence shall be at the discretion of the City. If approved by the City, an employee may take a leave of absence without pay or benefits. A leave of thirty one (31)days or less shall not constitute a break in service. No seniority shall accrue during a leave of absence that exceeds thirty-one (31) calendar days; provided however, seniority shall continue to accrue during Family Medical Leave under Section 8.7. Upon expiration of a leave of thirty one (31) days or less, the employee shall be returned to his previously held job position. 8.5 Fe ipgrary D1S27iiity Leave - Employees who are physically unable to perform the functions of their position for medical reasons other than on the job injuries and who have exhausted all accrued sick leave may, at the discretion of the City, be placed on temporary disability leave. A written request for a temporary disability leave must be submitted to the department director, along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. The City may request written verification from a licensed medical doctor that the employee is physically disabled and verification of the extent of such disability and the projected date for return to work. Temporary disability leave shall only be granted for the period of disability and shall not exceed six(6) months. The Employer shall continue health insurance coverage for the employee only under COBRA during such leave, which shall be without pay. Upon the expiration of the temporary disability leave, the employee may request a leave of absence. 8.6 Shared Leave - Employees shall be eligible for shared leave in accordance with current City policy. 8.7 Family and Medica Leave - For the purposes of determining the twelve (12) week leave period provided by the Family and Medical Leave Act of 1993, such period shall run concurrent with the employee's accrued paid leave benefits. The amount of leave available for use is based on a rolling twelve (12) month period. 8.7.1 Washington_F� n ly Care — Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guidelines. 8.8 Miiitary Lave - Employees shall be granted leave for official military duty in accordance with applicable state and federal law. 12 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees ARTICLE IX HEALTH AND WELFARE BENEFITS 9.1 Medical Ins�rrance — The City shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessaryfor the purchase of dependent coverage(excluding spouses/partners who are eligible for other coverage through their place of employment) under Group Health PPO or Group Health HMO insurance plans as selected by the employee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments for "out-of-network"services under the PPO Plan ($100 individual, max$300 family). The City will provide a Plan A and Plan B for both the PPO and HMO Plan. The City will offer two tiers of co-pays for health insurance depending on participation in the City's Wellness Program. Employees and covered spouses/partners will be on the lower co-pay plan(Plan A)if they earn 1000 points(complete required Biometric Screening and Health Screening Questionnaire and earn 500 additional points) by October 31 of the previous year. Refusal to participate in the Wellness Program or failure to meet the wellness requirement will result in coverage under Plan B with a higher co-pay amount, but shall not otherwise impact the status of the employee at the City. The City may add an option for a High Deductible plan. 9.1.1 The Union will work with the City to ensure that the City is not required to pay any excise tax under the Affordable Care Act. 92 Dental Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Dental Service Plan F. 9.3 Vissnn Insurance - The City shall pay each month one hundred percent (100%) of the premium necessary for the purchase of employee and dependent coverage under the Association of Washington Cities Western Vision Service Plan. 9.4 Life Insurance-There shall be no reduction in the life, long-term disability, and accidental death and dismemberment insurance benefits currently available to employees and their dependents. 9.5 Modifications — Benefit changes made by the insurer or the AWC Benefits Trust Board outside the control of the City shall not be prohibited. 9.6 Teamsters Penson -The bargaining unit shall have the right to divert a portion of any wage increases provided by this Agreement to the Western Conference of Teamsters Pension Trust at such time and in such amounts as may be determined by the bargaining unit. 9.7 Federal Wav Community Center Membership — Union members will be eligible to participate in the Federal Way Community Center's employee discount program as outlined in the Employee Guidelines. ARTICLE X EQUIPMENT UNIFORMS AND TRAINING 10.1 Equipment - The City shall provide each regular employee any safety equipment or protective clothing required as a condition of employment; including rain gear and steel- toed rubber boots. The City will provide seasonal employees with access to rain gear, rubber boots and any safety required equipment. 13 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 10.2 Uniforms-The City shall continue to provide a standard issue of uniforms for employees. An employee may request an alternate combination of the uniform in order to best fit their needs related to the job assignment; provided however, that such combination shall not result in greater costs to the City than the standard issue. Following the initial uniform issue, the replacement of uniform items shall be based on need and any replacement requests must be authorized by the employee's supervisor. For the purposes of this Section, the standard uniform issue shall consist of: One(1)jacket Five (5)shirts Five(5)work pants Two (2)sweatshirts One (1)coverall 10.3 Sgiety Boots - The City will provide one (1) pair of steel-toes boots up to two hundred twenty-five dollars ($225) per year or four hundred fifty dollars ($450) over a two-year period. The City will use the same purchase system as used in Section 10.2 above. 10.4 -i ra r-m - The City shall compensate employees to attend Employer required training necessary for maintenance of mandatory job related certifications unless the employee fails to recertify, in which case time spent retesting shall be on the employee's own time and at no cost to the City_ Employees required to attend such training shall be paid at the employee's regular straight-time hourly rate of pay unless otherwise required by the Fair Labor Standards Act. The City shall reimburse costs reasonably related to such training. Reimbursement for travel and other related expenses shall be in accordance with City policy. ARTICLE XI DISCIPLINE 11.1 The City shall not discipline or discharge any post-probationary employee without just cause_ Disciplinary action shall be progressive in nature; provided however, prior disciplinary actions shall not be required when the cause of suspension or discharge is theft, intoxication,disregard of public or employee safety, insubordination or acts of parallel magnitude. The nature and severity of the discipline shall be determined on an individual basis according to the particular circumstances. Disciplinary actions shall be administered in a timely fashion. A copy of any written notice of disciplinary action, except for notations of verbal warnings located in supervisor files per Section 11.2, shall be sent to the Union at the time it is issued to the employee. 11.1.1 Following a documented verbal or a written disciplinary notice, if an employee has no further incidents for three (3) years, those previously documented verbal warnings and/or written disciplinary notices will not be considered in future disciplinary matters. 11.2 Various disciplinary actions available may include, but are not limited to, the following: verbal warning (notation will be placed in the employee's supervisor file), written warning, suspension without pay, and discharge. Unless otherwise agreed, any disciplinary actions shall remain in the employee's personnel file and given appropriate weight in subsequent personnel actions. 11.3 Discipline shall continue to be administered in accordance with Section 11.3 of the City's Employee Guidelines as they presently exist or are hereafter amended. In the event of a conflict between the Employee Guidelines and the provisions of the Article, the provisions of this Article shall prevail. 14 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees 11.4 When an employee is required by the City to attend an interview conducted by the City for purposes of investigating an incident which may lead to the loss of pay or position of that employee, the City shall advise the employee that he has the right to be accompanied at the investigatory interview by a representative of the Union. It is recognized that the employee may not insist that a particular Union representative be present. The foregoing provisions shall not apply to such run-of-the-mill conversations as, for example, the giving of instructions, training, employee evaluations or needed correction of work techniques; nor shall they apply to meetings at which discipline is simply administered. 11.5 The Union shall have the right to appeal any disciplinary action through the grievance procedure to determine whether the employee was properly disciplined; provided however, that appeal of any discipline to Step 3 of the grievance procedure shall be limited to disciplinary actions by the City that result in loss of pay(i.e. suspension) or position (i.e. discharge)of an employee. Other forms of discipline may be appealed through Step 1 and 2 of the grievance procedure and the decision of the Mayor shall be final. 11.6 Except in cases of discharge, if the grievance procedure in Article XII will be used, the Union shall request in writing that the discipline not be administered unless and/or until it is sustained following completion of the grievance procedure. ARTICLE XII GRIEVANCE PROCEDURE 12.1 A grievance shall be defined as a dispute pertaining to the proper application and interpretation of any and all of the provisions of this Agreement. The sole and exclusive method of processing grievances shall be by utilizing the following procedure: 12.1.1 STEP 1 - A grievance shall first be presented to the employee's immediate supervisor within fourteen(14)calendar days of its occurrence, or the date the employee should have reasonably known of its occurrence (but in no event more than 60 days), or it shall not be subject to the grievance procedure. Upon receiving the grievance, the Supervisor shall meet with the employee within fourteen(14)calendar days and shall attempt to resolve the grievance within fourteen (14)calendar days of said meeting, with a copy to the Union. In the case where the Union wishes to notify the City of a grievance on behalf of an employee, said notification will be done in writing. 12.1.2 STEP 2 - If the grievance is not resolved at STEP 1, the grievance, in writing, may be presented to the Department Director by the Union. The written grievance shall be submitted to the City within fourteen (14)calendar days of the Union's receipt of the STEP 1 response. The written grievance shall include a statement of the issue, the Section of the Agreement allegedly violated and the remedy sought. The Department Director shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Department Director shall issue a written response to the grievance within fourteen (14) calendar days after the grievance meeting. 12.1.3 STEP 3 - if the grievance is not resolved at STEP 2, the grievance may be advanced to the Mayor or designee within fourteen(14)calendar days of the Union's receipt of the STEP 2 response. The Mayor or designee shall thereupon schedule a meeting with the Union Representative for purposes of attempting to resolve the grievance. The Mayor or designee shall issue a written response to the grievance within fourteen(14)calendar days after the grievance meeting. 12.1.4 STEP 4 - If the grievance is not resolved at STEP 3, the Union may refer the matter to a third (3rd) neutral party who shall serve as an impartial arbitrator. The notice to arbitrate shall first be made to the Mayor or designee within fourteen (14) calendar days of the Union's receipt of the STEP 3 response. As soon as possible thereafter, the parties shall 15 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees request a list of names from the Washington State Public Employment Relations Commission (PERC) Dispute Resolution Panel and shall meet to select the arbitrator by alternately striking names from the list of PERC arbitrators until only one(1)name remains. The remaining names shall serve as the impartial arbitrator who shall conduct a hearing and issue a decision which shall be final and binding upon all parties to the dispute. 12.2 If any of the arbitrators are not available, a replacement shall be selected by mutual agreement of the parties. 12.3 The arbitrator shall have no power to change, alter, detract from or add to the provisions of this Agreement, but shall have the power only to apply and interpret the provisions of this Agreement in reaching a decision. 12.4 Each party shall bear the expense of presenting its own case. The expense of the arbitrator shall be borne equally by the City and the Union. 12.5 The timelines contained within each step of the Grievance Procedure may be waived/extended by agreement between the Employer and the Union. ARTICLE XIII MISCELLANEOUS 13.1 Gender-Wherever words denoting a specific gender are used in this Agreement,they are intended and shall be construed so as to apply to either gender. 13.2 Benefits fcr Regular Part Time Employees - Except as otherwise provided in this Agreement, regular part-time employees shall receive holidays, vacation, leaves, and health and welfare benefits on a pro rata basis in the same percentage as the employee's regularly scheduled hours relate to a forty (40) hour week. For example, if a regular part- time employee normally works twenty (20) hours per week, the employee shall receive 20/40ths, or fifty percent(50%), of the benefits received by a full-time employee. 13.3 L.abof Managerne7t Conference Cornmrttee-The City and the Union shall establish a Joint Labor-Management Conference Committee which shall be comprised of participants from both the City and the Union. The function of the Committee shall be to meet periodically to discuss issues of general interest and/or concern, as opposed to individual complaints, for the purpose of establishing a harmonious working relationship between the employees, the City and the Union. It is not the purpose of the Committee to reopen collective bargaining negotiations or to change the terms of this Agreement. Either the City or the Union may request a meeting of the Committee. The party requesting the meeting shall do so in writing listing the issues they wish to discuss. 13.3.1 In the event a contracting out decision by the City is expected to result in the layoff of bargaining unit member(s), the Union may address the issue(s) in advance in Labor- Management Conference Committee pursuant to Article 13.3. 13.4 Entire Agreement - The Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions Anything not covered by this Agreement shall not be construed as part of this Agreement. 13.5 Continuation of Work - The Union and its members, as individuals or as a group, will not initiate, cause, permit, or participate in any strike, work stoppage, slowdown, or join in any strike, work stoppage, slow down, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by any other labor organization when called upon to cross such picket line in the line of duty provided, however, that the City will not require employees to cross a 16 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees picket line when notified by the employees of circumstances which a reasonable person would perceive as a clear, imminent threat of violence to the employees. Disciplinary action, up to and including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article 13.5.1 In the event of a strike, work stoppage, slowdown, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately upon notification attempt to secure an immediate and orderly return to work of employees under the Union's jurisdiction. 13.5.2 Failure of an employee to return to work within twenty-four(24)hours of notice by the Union or Employer that such failure to comply is in violation of this Article shall forfeit their right to protest discipline or discharge through the grievance procedure. 13.6.1 Drug and Alcohol l estirg - The parties have agreed to implement the Department of transportation requirements for CDL drug and alcohol testing and the City of Federal Way Drug and Alcohol Testing Policy and Procedure. The agreement of the parties shall be made part of this Agreement and incorporated herein. 13.7 IJ nior &is ness The City shall afford a reasonable amount of time for union meetings on City property during breaks or lunch periods. The City reserves the right to refuse to allow the meeting on City property when it determines that the meeting will interfere with City operations. The union representative and/or employees shall give the supervisor as much advance notice as reasonably possible. 13.8 Domestic Partner — A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's"spouse"and spouse's family member for purposes of this Agreement. ARTICLE XIV MANAGEMENT RIGHTS 14.1 Except as otherwise expressly provided in this Agreement, the City has the right to determine how to provide municipal services, including without limitation, the right to contract out or assign bargaining unit work to non-bargaining unit personnel and to non- City employees; to contract out for goods and services (the City recognizes the intrinsic value of employing regular full-time staff);to determine and modify hours of work and work schedules; to schedule vacation leave and other absences from work; to hire, layoff, promote, demote, train and transfer employees; to determine and modify job designs, duties and qualifications of job classifications;to assign work and make use of the valuable contributory service of volunteers; to manage and direct employees; to establish and enforce reasonable rules and regulations and standards of performance, attendance and conduct; to discipline and discharge employees; to determine the size and composition of the workforce; to determine the methods, location, means and processes by which work shall be accomplished; to determine and modify the services to be rendered; to evaluate employees; to schedule overtime work as required and most advantageous to the City; to determine safety, health and property protection measures for the City; to select and use equipment and supplies;to require medical/physical examinations as necessary to ensure that employees are medically qualified to perform the essential functions of thejob;to build, move or modify its facilities; to take whatever actions are necessary in the event of an emergency; and to perform all other functions not expressly limited by this Agreement. Emnlovee Guicclines-The City of Federal Way Policies (e.g. Employee Guidelines) shall apply to members of this bargaining unit. However, in the event of a conflict between a provision of this Agreement and any guideline, regulation, ordinance and/or rule of the City, the provision of this Agreement shall control. It is also expressly understood that the 17 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees grievance procedures in this Agreement completely replace(and are not in addition to)any process set forth in such Federal Way Policies and completely replace any appeal process of any other City Board, Department, Commission or Agency of the City, and further that employees covered in this Agreement shall not have recourse to any such set of procedures. In addition,the parties agree that the City has the sole right to amend, modify, adopt or change any policies(that are not mandatory subjects of bargaining), including the Employee Guidelines, without first negotiating such change with the Union. ARTICLE XV SAVINGS CLAUSE 15.1 Should any provision of this Agreement be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement or any provision should be retained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. The City and the Union shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such provision during the period of invalidity or restraint. ARTICLE XVI DURATION 16.1 Except for those provisions that state otherwise, this Agreement shall be effective January 01, 2020, and shall remain in full force and effect through December 31, 2020. PUBLIC, PROFESSIONAL&OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By t_ , BY rIYi . Sicca A. Sullivan, Secretary Treasurer Jim Ferrell, Mayor Date (O - Zo Date APPROVED AS TO FORM J. Ryan Call, City Attorney 18 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees APPENDIX"A" to the AGREEMENT by and between CITY OF FEDERAL WAY, WASHINGTON and PUBLIC, PROFESSIONAL &OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Public Works and Park Department Maintenance Employees) January 01, 2020 through December 31, 2020 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF FEDERAL WAY, WASHINGTON, hereinafter referred to as the City, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 1, 2020, the classifications covered by this agreement shall receive a two and one-half percent increase(2.5%)the classifications of work and rates of pay for each classification covered by this Agreement shall be as follows: CLASSIFICATION MONTHLY RA FFS CF PAY Range/Title A B C D E F 14 Custodian 3335 3485 3642 3807 3977 4224 21 MW1 4218 4409 4605 4812 5031 5290 26 MW2 4659 4867 5086 5316 5552 5899 26 Aquatic Facility 4659 4867 5086 5316 5552 5899 Operator A.2 In any year covered by this contract, if the non-represented employees of the City receive an across-the-board increase in wages that exceeds the increases listed in A.1. of this agreement,the Union employee wages will increase by the same percentage rate as the non-represented employees. A_3 In any year covered by this contract, if the City implements a City-wide comparable wage study ("comp study") that will cover those employees that are not represented by a bargaining unit, the City agrees to include the members of the Union in the study and include the Union's members in any across-the-board pay increase implemented in response to a comp study. AA Effective January 1, 2020, the rates of pay for Seasonal/Temporary Employees covered by this Agreement shall receive a two and one-half percent increase (2.5%), rates of pay shall be as follows: At hire ! Year 1* Year 2 Year 3 Year 4 1 Year,5 —1 $12.97 $14.26 $15.55 $16.85 $18.14 $19.44 1 'from original date of hire or August 1, 2014, whichever is later 19 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees The City agrees to give Seasonal workers with acceptable performance from the previous year the first right of refusal for new seasonal positions within the same division available the following year. Offers will be made according to greatest hours previously worked (within the division) and performance. After working an initial 347 hours in any division or department covered by this CBA, seasonals become bargaining unit members and remain members upon the first hour of subsequent reemployment, regardless of the division or department (so long as covered by this CBA) in which the seasonal is reemployed. PUBLIC, PROFESSIONAL&OFFICE-CLERICAL CITY OF FEDERAL WAY, WASHINGTON EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Srcthe!-h o d of Teamsters By Scctt A. Sullivan, Sccretary-T raasurer Jim Ferrell, Mayor Date — (D — 71� _ _ Date APPROVED AS TO FORM J. Ryan Call, City Attorney 20 2020-2020 City of Federal Way Public Works and Parks Maintenance Employees COUNCIL MEETING DATE: January 21,2020 ITEM#: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:Ratification of Amendments to the Countywide Planning Policies Regarding School Siting POLICY QUESTION: Should the City Council ratify the amendments to the Countywide Planning Policies(CPPs) adopted by the King County Council and attached as Exhibit C? This CPP sets out best practices for cities and the county working together with school districts to build new schools and school facilities within the Urban Growth Area(UGA). COMMITTEE:Land Use/Transportation Committee(LUTC) MEETING DATE: January 6, 2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing N City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret Clark DEPT: Community Development Attachments: A) Staff Report to LUTC; B) Cover Letter from King County; C) King County Ordinance adopting new CPPs (including attachments). Options Considered: 1. Recommend that the Mayor send a letter in support of the amendments to the CPPs to King County, which would have the effect of ratification. 2. Recommend that the City Council do nothing,which also is considered to be ratification. I Recommend that the City Council adopt a resolution opposing the amendments to the CPPs. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 —Send a letter in support of the amendments to the CPPs to King County. MAYOR APPROVAL: 1114 DIRECTOR APPROVAL: C mitt [' um Initial/Date InitialiDnte lnitinl i ntc COMMITTEE RECOMMENDATION: I move to forward Option I to the January 21, 2020, business agenda for approval. f/ MarkJ4u ;Comin' .e Chair- IA- nson,Cornmittee-lulember- --- _Hoang.-Traci,--Coinmittee-:Memlier---- PROPOSED COUNCIL MOTION: "I move approval of Option 1." (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# K:\Countywide Planning Policies\2019 CWPPs\School Siting Policy\LUTC\121719 Agenda Bill.doc EXHIBIT A `Federal Way E _ KBIT Centered on Opportunity CITY OF FEDERAL WAY MEMORANDUM DATE: December 17,2019 TO: Land Use/Transportation Committee VIA: Jim Ferrell,Mayor Brian Davis, Community Development Director FROM: Robert"Doc"Hansen, Planning Manager►� Margaret Clark,Principal Planner rywtL SUBJECT: Ratification of Amendments to the Countywide Planning Policies regarding School Siting MEETING DATE January 6, 2020 I. FINANCIAL IMPACTS There are no financial impacts to the City as this request from King County is to consider and ratify an amendment to the Countywide Policies related to best practices jurisdictions can take to facilitate the development and renovation of public schools within the Urban Growth Area(UGA). II. BACKGROUND INFORMATION On October 28, 2019,the City received a request from King County to review and ratify amendments to the Countywide Planning Policies(CPPs). On October 15, 2019,the Metropolitan King County Council adopted Ordinance 18991, which approved and ratified the Growth Management Planning Council (GMPC)Motion No. 18-1 on behalf of unincorporated King County. The CPPB are a broad set of mutually agreed upon policies that are required by the Growth Management Act(GMA).The City's comprehensive plan must be consistent with the CPPs.The original CPPs were adopted in the earlyl990s. Periodic amendments or new policies are proposed as necessary to address regional issues. mmdment-s-to-the-CPPs-b" e-effectivr.when ratified by- al-least-30-percent-of-the.-city-and-----county governments representing 70 percent of the population of King County. A city is deemed to have ratified the amendments if it either sends a letter in support of the amendments or does nothing. If a city opposes the amendments, it must take legislative action within 90 days of adoption by King County. The 90-day deadline for responding on this proposed amendment is January 23, 2020. Land Use and Transportation Committee January 6,2020 Page 2 III. Summary of Amendments to the CPPs Ordinance 18991 adopts and ratifies Motion No. 18-01, which sets out the following best practices for cities and the county working together with school districts to build new schools and school facilities within the UGA: 1. Identify surplus public properties that could work as new school sites. City Response: If approached by the School District,the City through its Geographical Information System(GIS)division can assist with this identification/ 2. Assist with identifying private properties that could be available for new school sites. City Response: Same as Response#1. 3. Look for opportunities for shared use of buildings, fields,parking, and other facilities between the city or county and the school district. City Response: The City has an interlocal agreement with the School District for joint use of the parks at Saghalie, Sacajawea, and Lakota Middle Schools. 4. Consider options and zoning for mixed-use development that could accommodate a school. City Response: Schools are allowed in the Neighborhood Business (BN), Community Business(BC), City-Center Frame(CC-F), and City-Center Core(CC-C) zones, which all allow schools and mixed-use development. There is an Early Learning Center at Uptown Square, a recently constructed mixed-use development complex. 5. Investigate how regulations and processes can be modified to make challenging sites work for new, expanded, and renovated school facilities (such as providing flexible application of development regulations for height restrictions, maximum lot coverage, and parking standards) and consider the feasibility of allowing playfields in the Rural Area adjacent to schools located in the UGA and with direct access from the UGA. City Response: The City's zoning regulations do not presently include such flexible regulations; however,the City allows requests for code amendments to the City council for their consideration.The City does not have any authority for location of school facilities in the UGA or Rural Area, as they are presently under King County's ------ --------- -------- ----- ------junsdiction. 6. Broaden the number of zone classifications within which schools are permitted to locate. City Response: Schools are an allowable use in all zones except the Commercial Enterprise(CE)zone,which is the City's equivalent of an industrial zone.However, business schools,vocational schools, and trade schools are allowed in the CE zone. Land Use and Transportation Committee January 6,2020 Page 3 7. Coordinate the permit review process to improve certainty for school districts and to shorten the permitting process time(using priority permitting as appropriate). City Response: The City has a very efficient permitting process, and the Building Division does offer the option for a third-party review at the applicant's expense,which would expedite the review and approval process. The City completed review of land use permits for four schools during the last year with all schools being approved 8. Implement a phased review of school development so the school site may be modified as needed over time, and so portable facilities may be sited and/or replaced in an efficient manner. City Response: The City's administration of the zoning code has provisions for phased review for addition of portables to a developed school site or when proposing development of a new school. 9. Work with school districts to establish site-specific Transportation Demand Management(TDM)protocols to encourage more walking,biking, and transit ridership to reduce the need for parking. City Response: The City does not presently have site-specific TDM protocols to encourage more walking,biking, and transit ridership to reduce the need for parking although the City worked closely with the School District in the development of four new schools on facilities enhancing walking,biking, and bussing. The City has the following goals and policies in Chapter 3, "Transportation" of the comprehensive plan, to encourage more walking,biking, and transit ridership: TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian,bicycle, and transit ways that are integrated into a coordinated regional network. TP3.8 Encourage non-motorized improvements that minimize the need for residents to use motorized modes by extending the existing non-motorized system and providing: 1. Access to activity centers and schools; 2. Linkage to transit,park&ride lots, and school bus networks; 3. Completion of planned pedestrian/jogging or bicycle trails; 4. Designating a network of streets that can safely and efficiently accommodate bicycles, and..... 5. Extend sidewalks to all streets. TP3.9 Facilitate a safe school walking routes program, and,where possible, make capital budget decisions that support such a system. TP3.10 Provide a one-mile grid of bicycle facilities connecting major activity centers,recreational facilities, and schools. Land Use and Transportation Committee January 6,2020 Page 4 TG5 Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. 10. Partner with school districts in the planning and financing needed to improve, if appropriate,based on topography and surrounding neighborhood characteristics, walking, and biking routes to school. City Response: The City does not have an existing policy of partnering with the School District in the planning and financing for the improvement of walking and biking activities. Any financing decisions are made by the City Council in a particular situation. However,the City does have zoning regulations related to providing"Complete Streets" in Federal Way Revised Code(FWRC) 19.135.205.This policy states that the City will plan for, design, and construct all new and retrofitted transportation projects to provide reasonable and appropriate accommodation for pedestrians,bicyclists, and transit users of all ages and abilities, creating a comprehensive, integrated, connected network for all modes of travel, including walking and biking VI. LUTC OPTIONS The LUTC has three options: I. Recommend that the Mayor send a letter in support of the amendments to the CPPs to King County, which would have the effect of ratification. 2. Recommend that the City Council do nothing, which also is considered to be ratification. 3. Recommend that the City Council adopt a resolution opposing the amendments to the CPPB. VII. MAYOR RECOMMENDATION The Mayor recommends Option 1 —Send a letter in support of the amendments to the CPPs to King County. K:\COUNTYWIDE PLANNING POLICIEs\2019 CWPPs\SCHOOL SITING POLICY\LUTC\121719 LUTC MEMORANDUM.DOCX EXHIBIT B ------------ --------------- ----------------------------- ----------------------------------------I AT LQ K'Nng County _: . RCCEIVED OCT 2.8 2019 Community Developajent Departrne,,t October 25, 2019 The Honorable Jim Ferrell City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 Dear Mayor Ferrell: We are pleased to forward for your consideration and ratification the enclosed amendment to the King County Countywide Planning Policies (CPP). On October 9, 2019, the Metropolitan King County Council approved and ratified the amendment on behalf of unincorporated King County. The ordinance will become effective Friday, October 25, 2019. Copies of the transmittal letter, King County Council staff report, ordinance 18991 and Growth Management Planning Council motion are enclosed to assist you in your review of this amendment. In accordance with the CPP, G-1, amendments become effective when ratified by ordinance or resolution by at least 30 percent of the city and county governments representing 70 percent of the population of King County according to the interlocal agreement. A city will be deemed to have ratified the CPP and amendments unless, within 90 days of adoption by King County, the city takes legislative action to disapprove the amendments. Please note that the 90-day deadline for these amendments is Thursday, January 23, 2020. If you adopt any legislation concerning this action, please send a copy of the legislation by the close of business, Thursday, January 23, 2020, to Melani Pedroza, Clerk of the Council, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, WA 98104. If you have any questions about the amendments or ratification process, please contact Karen Wolf, Senior Strategy and Performance Analyst, King County Executive's Office, at 206 263-9649, or Andy Micklow, Metropolitan King County Council Staff, at 206 263-3226. Thank you for your prompt attention to this matter. Sincerely, Rod Dembowski, Chair Dow Constantine Metropolitan King County Council King County Executive Enclosures cc-King County City Planning Directors Sound Cities Association Lauren Smith, Director, Regional Planning Karen Wolf, Senior Strategy and Performance Analyst Andy Micklow, Council Staff, Mobility and Environment Committee King County Dow Constantine Z-DII Jut _8 PM 1' 05 King County Executive ri..- 401 : 401 Fifth Avenue,Suite 800 f, Seattle, WA 98104-1818 k ti I��!1T C"` L 206-263-9600 Fax 206-296-0194 TTY Relay: 711 www.kingcounty.gov July 3, 2019 The Honorable Rod Dembowski Chair, King County Council Room 1200 COURTHOUSE Dear Councilmember Dembowski This letter transmits an ordinance that will enable King County to implement the King County Countywide Planning Policies by facilitating the siting of public schools inside the Urban Growth Area. The school districts that have both urban and rural territory are focusing their efforts on building with the Urban Growth Area consistent with King County Countywide Planning Policies. But, building in the cities comes with challenges such as limited land available schools and the regulatory structure. Motion 18-1, approved by the Growth Management Council, outlines actions that jurisdictions can take to facilitate the development and renovation of public schools within the Urban Growth Area. This ordinance integrates the goals of the King County Strategic Plan by recognizing the role of land use planning in shaping environmentally sustainable and economically viable future for all people in King County. The County's role in the GMPC fosters the ethic of working together for"One King County" by actively participating in regional organizations and defining King County's role in regional issues. Thank you for your consideration of this ordinance. This important legislation will help foster vibrant urban communities allowing schools to serve as a focal point. King County is an Equal Opportunity/Affirmative Action Employer © and complies with the Americans with Disabilitites Act EXHIBIT C 1200 King County Courthouse KING COUNTY 516 Third Avenue Seattle,WA 98104 Signature Report King La. �Y Ordinance 18991 , Proposed No.2019-0312.2 Sponsors Upthegrove 1 AN ORDINANCE adopting and ratifying Growth 2 Management Planning Council Motion 18-1. 3 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 4 SECTION 1. Findings: 5 A. Growth Management Planning Council Motion 18-1 outlines best practices 6 jurisdictions can take to facilitate the development and renovation of public schools 7 within the Urban Growth Area. 8 B. On May 30, 2018,the Growth Management Planning Council unanimously 9 adopted Motion 18-1. 1 Ordinance 18991 10 SECTION 2. The best practices outlined in Motion 18-1, are hereby adopted by 11 King County and ratified on behalf of the population of unincorporated King County. 12 Ordinance 18991 was introduced on 9/25/2019 and hearing held/closed and passed by the Metropolitan King County Council on 10/9/2019, by the following vote: Yes: 8 - Mr. von Reichbauer, Mr. Gossett, Mr. Dunn, Mr. McDermott, Mr. Dembowski, Mr. Upthegrove, Ms. Kohl-Welles and Ms. Balducci No: 1 - Ms. Lambert KING COUNTY COUNCIL KING COUNTY,WASHINGTON Tt Arrte : Rod Dembowski, Chair ATTEST: n&t4��-V_ Melani Pedroza, Clerk of the Coune E O r.7 � s [n M APPROVED this / day of_ . 2019 .0 W r-� N 4 4y GD ------------- ----- ---------------------------Dori ConstaRtiWC--aunty-E-xecutivr ----------------- Attachments: A. GMPC Motion 18-1 2 Ordinance 18991 5/30/18 Attachment A Sponsored By: Executive Committee I 2 GMPC MOTION NO. 18-1 3 A MOTION outlining actions jurisd ictions can take to facilitate the 4 development and renovation of public schools within the Urban 5 Growth Area. 6 7 WHEREAS the Growth Management Planning Council (GMPC) convened the 8 School Siting Task Force in 2011 to address the issue of whether public schools serving 9 primarily urban populations should be sited in rural areas; and 10 WHEREAS,the Task Force completed their work on March 31,2012, issuing a 11 report and final recommendations to the King County Executive;and 12 WHEREAS,as a result of the work of the Task Force, three new policies were 13 ad d ed to the 2012 King County Countywid a Planning Policies (CPPs) —PF-18, PF-19, and 14 PF-19A;and 15 WHEREAS,student enrollments at school districts in King County are rapidly 16 increasing causing a push to build more schools and school facilities and expand existing 17 ones; and 18 WHEREAS,the school districts that have both urban and rural territory are 19 focusing their efforts on building w ith in t e 1 Ji-ban Growth,Area(1)G A 1 consistent wit t e 20 CPPs;and 21 WHEREAS, land sufficient for schools is scarce within the UGA and the 22 regulatory structure can pose barriers to building quality schools; and 23 WHEREAS,the challenges with school siting affect both school districts with 24 urban and rural territory and school districts with entirely urban territory; and 25 WHEREAS,school districts, cities, and King County collectively hold an interest 26 in providing residents with needed school capacity within the UGA in a timely manner that 27 makes best use of limited taxpayer resources; and 28 WHEREAS,school districts operate with limited financial resources and both the 29 districts and general-purpose governments recognize an obligation to be responsible 30 stewards of public funds; 31 THEREFORE,the King County GMPC endorses the following best practices for 32 cities and the county working together with school districts to build new schools and 33 school facilities within the UGA: 34 1. Identify surplus public properties that could work as new school sites. 35 2. Assist with identifying private properties that could be available for new 36 school sites. 37 3. Look for opportunities for shared use of buildings, fields,parking and other 38 facilities between the city or county and the school district. 39 4. Consider options and zoning for mixed-use development that could 40 accommodate a school. 41 5. Investigate how regulations and processes can be mod ified to make 41 challenging sites work for ncw,expanded,and renovated school facilities 43,. (such as providing flexible application of development regulations for height 44 restrictions, maximum lot coverage, and parking standards)and consider the 45 feasibility of allowing playfields in the Rural Area adjacent to schools located 46 in the UGA and with direct access from the UGA. 47 6. Broaden the number of zone classifications within which schools are permitted 48 to locate. 49 7. Coordinate the permit review process to improve certainty for school districts 50 and to shorten the permitting process time (using priority permitting as 51 appropriate). 52 8. Implement a phased review of school development so the school site may be 53 modified as needed overtime and so portable facilities may be sited and/or 54 replaced in an efficient manner. 55 9. Work with school districts,to establish site-specific Transportation Demand 56 Management (TDM) protocols to encourage more walking, biking, and transit 57 ridership to reduce the need for parking. 58 10. Partner with school districts in the planning and financing needed to improve, 59 if appropriate based on topography and surrounding neighborhood 60 characteristics, walking and biking routes to the school. 61 62 63 Dow Constantine, Chair, Growth Management Planning Council King County Metropolitan King County Council Mobility and Environment Committee REVISED STAFF REPORT Agenda Item: Name: Andy Micklow Proposed No.: 2019-0312 Date: September 26, 2019 COMMITTEE ACTION Proposed Substitute Ordinance 2019-0312.2 which would adopt and ratify Growth Management Planning Council Motion 18-1, passed out of committee on October 1, 2019, with a "Do Pass" recommendation. The Ordinance was amended in committee with Amendment 1 to correct the date of the GMPC meeting from May 28, 2018 to May 30, 2018. SUBJECT Adoption of recommendations from the Growth Management Planning Council (GMPC) that outline best practices jurisdictions can take to facilitate the development and renovation of public schools within the Urban Growth Area. SUMMARY Proposed Ordinance 2019-0312 would adopt Growth Management Planning Council Motion 18-1 which outlines best practices jurisdictions can take to facilitate the development and renovation of public schools within the Urban Growth Area. If adopted by the Council, the ordinance would also ratify the change on behalf of the population of unincorporated King County and begin the ratification process by the cities in King County. BACKGROUND The Washington State Growth Management Act (GMA) requires counties and cities to work together to plan for growth. In King County, the Growth Management Planning Council (GMPC) is the countywide planning body through which the County and cities collaborate. The GMPC is comprised of elected officials from King County, Seattle, Bellevue, the Sound Cities Association, and special purpose districts. The GMPC convened the School Siting Task Force in 2011 to address the issue of whether public schools serving primarily urban populations should be sited in rural areas, and whether such facilities should be served by sewers. The School Siting Task Force produced a final report and recommendations in March 2012. Recommendations from the School Siting Task Force Final Report were incorporated into three new Countywide Planning Policies (CPPs) in 2012. The three policies regarding school siting added in the 2012 Countywide Planning Policies, are: PF-18 Locate schools, institutions, and other community facilities and services that primarily serve urban populations within the Urban Growth Area, where they are accessible to the communities they serve, except as`provided in Appendix 5 (March 31, 2012 School Siting Task Force Report). Locate these facilities in places that are well served by transit and pedestrian and bicycle networks. PF-19 Locate new schools and institutions primarily serving rural residents in neighboring cities and rural towns, except as provided in Appendix 5 (March 31, 2012 School Siting Task Force Report) and locate new community facilities and services that primarily serve rural residents in neighboring cities and rural towns, with the limited exceptions when their use is dependent upon a rural location and their size and scale supports rural character. Public school facilities to meet the needs of growing communities are an essential part of the _public infrastructure. Coordination between each jurisdiction's land use plan and regulations and their respective school district[s] facility needs are essential for public school capacity needs to be met. The following policy applies countywide and requires engagement between each school district and each city that is served by the school district. The policy also applies to King County as a jurisdiction for areas of unincorporated King County that are within a school district's service boundary. The policy initiates a periodic procedure to identify if there are individual school district siting issues and if so, a process for the school district and jurisdiction to cooperatively prepare strategies for resolving the issue. PF-19A Plan, through a cooperative process between jurisdictions and school districts, that public school facilities are available, to meet the needs of existing and projected residential development consistent with adopted comprehensive plan policies and growth forecasts. Cooperatively work with each school district located within the jurisdiction's boundaries to evaluate the school district's ability to site school facilities necessary to meet the school district's identified student capacity needs. Use school district capacity and enrollment data and the growth forecasts and development data of each jurisdiction located within the school district's service boundaries. By January 2016 and every two years thereafter, determine if there is development capacity and the supporting infrastructure to site the needed school facilities. If not, cooperatively prepare a strategy to address the capacity shortfall. Potential strategies-may include:.. • Shared public facilities such as play fields, parking areas and access drives • School acquisition or lease of appropriate public lands 1 2012 King County Countywide Planning Policies, as amended further in 2016: http://www.kingcounty.gov/depts/executive/performance-strategy-budget/regional-planning/CPPs.aspx • Regulatory changes such as allowing schools to locate in additional zones or revised development standards • School design standards that reduce land requirements (such as multi-story structures or reduced footprint) while still meeting programmatic needs. In 2017, and every two years thereafter, King County shall report to the GMPC on whether the goals of this policy are being met. The GMPC shall identify corrective actions as necessary to implement this policy. The 2018 School Siting Report to the GMPC found, "the requirement to accommodate student capacity primarily in the urban area is challenging, and has become even more so as King County continues to grow and as Washington state implements new policies impacting school capacity.112 ANALYSIS On May 30, 2018, the GMPC unanimously adopted Motion 18-1, which is a non-binding recommendation to the Council to endorse actions the County and its cities can take to further facilitate the development and renovation of public schools within the UGA. Motion 18-1 recommends ten best practices for the cities and the county to work together with school districts to build new schools and school facilities within the UGA. The recommendations in Motion 18-1 include the following: 1. Identify surplus public properties that could work as new school sites. 2. Assist with identifying private properties that could be available for new school sites. 3. Look for opportunities for shared use of buildings, fields, parking and other facilities between the city or county and the school district. 4. Consider options and zoning for mixed-use development that could accommodate a school. 5. Investigate how regulations and processes can be modified to make challenging sites work for new, expanded, and renovated school facilities (such as providing flexible application of development regulations for height restrictions, maximum lot coverage, and parking standards) and consider the feasibility of allowing playfields in the Rural Area adjacent to schools located in the UGA and with direct access from the UGA. 6. Broaden the number of zone classifications within which schools are permitted to locate. 7. Coordinate the permit review process-to improve certainty for school districts and to shorten the permitting process time (using priority permitting as appropriate). 8. Implement a phased review of school development so the school site may be modified as needed over time and so portable facilities may be sited and/or replaced in an efficient manner. 2 https://www.kingeounty.,,-t� 018/GMPC-Report-PF-19A-2018-053 018 9. Work with school districts, to establish site-specific Transportation Demand Management (TDM) protocols to encourage more walking, biking, and transit ridership to reduce the need for parking. 10.Partner with school districts in the planning and financing needed to improve, if appropriate based on topography and surrounding neighborhood characteristics, walking-and- biking routes to-the school Adoption of Proposed Ordinance 2019-0312 would approve the recommendation from the GMPC. Council approval of the Proposed Ordinance would also ratify the motion on behalf of the population of unincorporated King County and begin the ratification process by the cities. The ratification. process is outlined in CPP G-13 and includes: recommendation by the GMPC, adoption and ratification by the King County Council, and ratification by the cities. Ratification must occur within 90 days of King County approval. Ratification requires affirmation by the county and cities and town representing at least 70 percent of the county population and 30 percent of those jurisdictions. Ratification is either by affirmative vote of the city's or town's council or by no action being taken within the ratification period. The GMPC staff analysis of Motion 18-1 as presented to the GMPC is included as Attachment 4 to this staff report. AMENDMENT Amendment 1 is included in the packet, and would correct the date of the May 30, 2018 GMPC meeting. 12012 King County Countywide Planning Policies,as amended further in 2016: http://www.kingcounty.gov/depts/executive/performance-strategy-budget/regional-planning/CPPs.aspx COUNCIL MEETING DATE: January 21,2020 ITEM#: 7d- ... 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 not approve Amendment 44 MAYOR's RECOMM ENI . TION: 1—Approve the Amendment#4 request MAYOR APPROVAL: DIRECTOR APPROVAL: f /2° t inu rrrc oanci lailinllpa4o 4rl ]nidal L):uc 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." (HEI.01('7 0 BE CO]11 PI_ETED BY CITY CLLRKS OF"FICB COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances onl)) ORDINANCE# REVISED—1/2015 RESOLUTION 4 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#4 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. 1 CITY OF CITY HALL Federal 33325 8th Avenue South WayFederal Way,WA 98003-6325 y (253) B35-7000 mm..cdyoffvdoe n1miytorn 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 Agredment,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 - 1 - 3/2017 e9TY of CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835-7000 www.utyo ffoderol ml y.corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: _ - Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney REGENCY CLEANERS ENTERPRISES,LLC: By: 1 r 4 � \— Printed Name: 4-A K H A-Ml Title: Date: -- /,q STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Shaltina Lakhani,tome known to be the President of Re enc 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 , 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT -2 - 3/2017 csry OF CITY HALL Feder 333258th Avenue South Federal Way Federal Way,WA 98003-6325 (253) 835.7000 tas wcityofkdoroim)),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 -3 - 3/2017 COUNCIL MEETING DATE: January 21,2020 ITEM#: 7e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 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. i MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: q DIRECTOR APPROVAL: G'tynsn tc< Cuurici lnitial/Date lniti a I'Dalc Initis I/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 agreClme)at. - ---- (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 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 ----------------------- February_Thexecoinmendations- e_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. Rev.7/18 Department of Commerce 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 THIS PAGE INTENTIONALLY LEFT BLANK S20-32102-01 2 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...................................................................................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.........................................................................................9 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 Attachment A, Scope of Work....................................................................................... 12 AttachmentB, Budget................................................................................................... 13 S20-32102-01 f i FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services&Housing Division Community Economic Opportunities Unit 2.Contractor Doing Business As(optional) 1.Contractor City of Federal Way Community Services 33325 8`h 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 <insert title> Diane Klontz,Assistant Director Date Date --------- -------- --------- ----------------------------------- -APPROVE0-AS-TO-F1M i-ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE S20-32102-01 1 SPECIAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. 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 2 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. Fidelity 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 3 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 1. 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. B. 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 4 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CONFIDENTIALITYISAFEGUARDING 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 5 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 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_actioa} all have the.expressrimpliP�+__r ,_r arTar_ent- uthor_ity-t�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 7 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 8 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 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 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 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. P 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) 12 7 CU r ƒ ( \ / � \ cu 0 E E E Ln Ln r § in � in / E m e 0LA G ° Ln q q Et : C14 r4 ƒƒ CA u 0 V o rl tn m tn tj 7 - �/ CL o ? . � ~ ^k �/ � -Ln � ( § 2 L 2 = 3 2 E m 7 § \ R § / U G \ 0 4 cc $ E / k 2 § 0 E / / LU u b o e / q ° \ _ § < \ � — •� k $ 5 \ LU 0 E ( % m ' e in © ' > 2 S c • z o = > � ' f E $ I \ E J ca 0 » o o = 0 / t \ c m ro 0 § e fu CA \ y § ƒ - / § k % E o ' m § / k 3 / \ / � k § t § / , ( 2 > o k S u % u c a Ln 0 5 m g c � = R / - 3 / \ � Eci CL + ƒ / k \ / � cu= / / _0 3 ro / / % c § b m m _ _ v mCL \ § k 2 .0 2 \ V) V x a � k 2 - ./ . 0 % % CL _ CL CU \ / ƒa m $ E / £ a o u - o " �-he Ln § Lu § / 0 LU / / z ca / E 0 ' \ U k § R / co o\ u .0 f E / \ / \ , \ 2 3 f § � $ ,R § ] U � 4 2 = § | G k ƒ' / [ a o > E _ CN $ n \ m _-- - ---------- ------------------- ---- .... COUNCIL MEETING DATE: January 21,2020 ITEM#: 7f ................. 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 Bridgeford, 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: _ e) DIRECTOR APPROVAL: 4 �� Oft/I Como 1��c T'aunc' Initial 1111c InEiia'l7nt8 Initial' ate 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.." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 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. Baek2z•ouird 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. 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 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. Rev.7/18 Human Seer ices 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. Rev.7/18 COUNCIL MEETING DATE: January 21,2020 — ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL 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 Manner DEPT: Parks Attachments: 1. Staff Report 2.Janitorial Agreement Options Considered: 1.Approve the proposed agreement. 2.Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECO MNIEND TION: Option 1. MAYOR APPROVAL: / DIRECTOR APPROVAL: 2 IZ ,61 Ca mec C oull 1 Itutiall[]ata initialll7ata 1ni�inl/ to 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 so' 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# 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 Irtmac.ts. 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 Sto1-a�,e: 505-1100-331-518-30-480 • Park PW Maintenance Fac ilit 505-1100-331-576-80-480 • Sacajawca lark: 001-7100-331-576-80-480 • Saghalie Park: 001-7100-331-576-80-480 ■ Lakota Part~.: 001-7100-331-576-80-480 • To4vn Square Park.: 001-7100-331-576-80-480 13:'acl:<yq ound Info]<��aatiun: 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. Rev.7/18 RFP Summary: Bmid Name. Janiwrisl.Serkes Bid I Bid 2 Bid 3 Rid 4 Bid-5 Bid 6 Bid 7 Bid 8 Bid Na=ben. Bid,clusin-Disse&9i=e 1:6,:1(19 a P-ID S"T eT,- SJ1efPV S11-121 A.,Ivantange Awantange Green Green I _'y , sills Did Openhle D30e 1i; -Ndmft &'Lliklinf. E'Llik,Ifig Cleaning Cleaning EL111cing EiiuiUng i4ar"s "'i'0143 Bid Qpenif Place, lacke services, Selvices Inc. Inc, se.Fmces ser'-ices Cleaning Cleaning M-,.F I'M 1irajal31JOnthl", imflbal) frila I ltrl.v) 1:4WIL131) Montrily, f�.FIFIL]31) , �- ITEM CIESCRIPTI0P4 City Hall(5 da,,sen lie 11.:131h c--,l jEn 1 114Th; S-4 ';51800 S,45!896.00 S3500 00 S42 000 00 S8 037 00 S06,444 00 520,750 00 S2-49,000 00 -Gay Hall(5 da, sef-ice n:-.ith option 2 trash) S3,235-00 S3882000 S3'300 DO $30 60000 S7 3c;8 CIO Su"IS.6-5',!--- 00 S19,600 00 5235200 CIO Monthly Sef-Jcas SLS'0 OU Sc720 00 S30000 S3 600 00 5900.00 S11 0,8800 CIO 51.020 00 523,040001 Bi-AnnUal Serrces S-1'1350 00 S1211 700 CIO S25000 S50000 511200-00 S2,400 00 51,120.00 S13440 00 Floor Seroices S-46-2 00 S-51--1144 00 S25000 S3 000 00 S1 230 00 S 60 00 S63-000 00 572 000 00 Police Stavage office :1 7-, ser-,Ice— S10800 S1 296 00 5120 00 S 440 00 S'63 00 S',956 00 S42000 5504000 Par%P'v! De_xc-ilice,i--;da S-E 0 00 7.6.600 00 544500 S5 340 00 5811 00 59332,00 S4.60000 557.600 00 Hourly Rate-additional sennes S2700 S2700 S31 0 1)0 530.00 540.00 S40,00 S11-000 560.00 Bid I Bid.2' Bid,3 Bid 4 Bid 5 Bid 6 Bid 7 Bid 8 Did YD=ber. Bid Clcsimg D3ie&li=e gin n e rg.'! ST."Is STIls k-,eantsnge A"j"'antange Gfeen Green Bid 7i.'w Nome 19-L1110ing E'Llilrif-Ig Cleaning Cleaning ELH64ing BUilding 1"!Cr1'-.s "'Vori-s Bid Opezine?1'cec `dune Ser,ices services fic, Inc. ser"ices SeFJOeS Cleaning Cleaning Pmjecc Af...E— J.som H.C-"erwe. I Jdcntrlly:) I 41FIL131i (Monthly:� i.rnL13F (rdenthly, fl.n[IL131' (Monthly' hnnual, TEM DESCRIPTION 'acajai';ea Park. (2 day SeFJCeii:,ee"eF1dS 60 00 S,6'20 CI Cj S40000 S4 800 00 5325 00 S3 900-00 51.1 20 00 S1,3440 00 -La: alle Park (2 day seFJcp--ivee",ends&holidays', 5560 0 0 S6 720 00 S40000 S4 600 00 S-:12s 00 S'-"900 00 S1,680 00 S20 160 00 Lakota Psfr. k7 day sen ice including holidaysS1 12500 S13 500 00.1 S" 200 00 S14 4100 DO S 40 00 S :3,1380 00 51.970 00 523.530 00 Toiwi Square Park (7 day ser.:ice including holid!a) S1 12500 513 500 00 51.200 00 S14400 00 S1 140 00 S 3,660 00 52940.00 S35.280 00 HOLIdy,Rate-additional se-Foces 530.00 S30 CIO 540 00 S40 00 S6000 S60 00 Rev.7/18 CBIV OCITY HALL Y Feder 8th Avenue,WASouth003 rte-. � Federal Way,WA 98003-6325 (253)835-7000 vwA,v utyoflederatway-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.: CITY OF FEDERAL WAY: Sang So Jason Gerwen 8033 Pacific Avenue 33325 8th Ave. S. Tacoma, WA 98408 Federal Way, WA 98003-6325 (253) 582-0777 (telephone) (253) 835-6962 (telephone) (253) 582-4704 (facsimile) (253) 835-6969 (facsimile) San So(r�SMSCleaninv.net Jason. erwen@cityoffederalwa .com The Parties agree as follows: 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 fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall,at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's-final-acceptance-of the---W--ork.-.-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 JANITORIAL AGREEMENT - 1 - 3/2017 cl i Y 0 _ CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 f (253) 835-7000 vwwAv utyoffederahvay com 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 Un.At any time ordered by the City and immediately after completion ofthe 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 Noir- proprialion of Funds. If sufficient funds are not appropriated or allocated for payment under this —Agreement for any Future f fiscal period, (lie City will-not-be-obligated-to make-payments-f W-orkor-amountsincurreda$erthe 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. JANITORIAL AGREEMENT - 2 - 3/2017 CIT' of CITY HALL _ 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 wmy_cif yot(ederal way_corn 5. IIS D FI A I i�IIFICATION. 5.1 Contractor bidziimiiitennon.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 ofthe 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 LighilLty. 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. JANITORIAL AGREEMENT - 3 - 3/2017 Ci I y art CITY HALL �� tiph 33325 8th Avenue South . Vim' � � •.+r Federal Way,WA 98003-6325 (253,, 335-70-30 com 6.3. Additional Insured, Vent i 2-,iit a. 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 Safely.Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents,and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes,including without limitation,all OSHA/WISHA requirements,Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards(Chapter 296-62 WAC). Contractor shall erect and properly maintain,at all times,all necessary guards,barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings,crosswalks,street intersections,post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind.Contractor shall protect from damage all water,sewer, gas, steam or other pipes or conduits,and all hydrants and all other property that is likely to become displaced or damaged by JANITORIAL AGREEMENT - 4 - 3/2017 41 g r y 01- CITY HALL - " 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 "Ay atyoffederEaImay--com 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. 10.4.2greeyn s 1lxccedin 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--sMli--be-final-and-conefusive--and binding-on-all-parties_iuYolvedin_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 O 1'PORTUNITY 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 JANITORIAL AGREEMENT - 5 - 3/2017 CITY HALL w 8th Avenue South Feder I Wa y Federal Way,WA 98003-6325 •� (253) 835-7000 wvrw r.6Dflederahrta3y.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 of the terms of Chapter 49.60 RCW,Title VI ofthe Civil Rights Act of 1964,the Americans With Disabilities Act,Section 504 ofthe 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 Int r_pretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,whether oral or written,shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement,the terms of this Agreement shall prevail.The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement.Any provision of this Agreement that is declared invalid,inoperative,null and void,or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement,is hereby ratified as having been performed under the Agreement.No provision of this Agreement,including this provision,may be amended,waived,or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries.Neither the Contractor nor the City shall have the right to transfer or assign,in whole or in part,any or all of its obligations and rights hereunder without the prior written consent of the other Party.Ifthe non- assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing,the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto.No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal,state,local,and city laws including,without limitation,all City codes,ordinances,resolutions,regulations, rules,standards and policies,as now existing or hereafter amended,adopted,or made effective.If a violation of the City's Ethics Resolution No.91-54,as amended,occurs as a result of the formation or performance of this Agreement,this Agreement may be rendered null and void, at the City's option. 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 ofthe 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-postag"r—q aid,-:to-the-address-set forth above. Any notice so posted in the (inited 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 ofthe 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, JANITORIAL AGREEMENT - 6 - 3/2017 co m 0c- CITY HALL 33325 8th Avenue South '"kF� l,� C ? X Federal Way,WA 58003-6325 ., ti 4 (.253)$35-7000 wwm cflyattedorahvay 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 ofthe Parties have executed a counterpart ofthis Agreement shall be the"date of mutual execution"hereof. [Signature page follows] JANITORIAL AGREEMENT - 7 - 3/2017 CO r v oF CITY HALL 33325 8th Avenue South Fe, r ;;! Federal Way,WA 98003-6325 ' " (253)835-7000 www_a tyoffedemAvay_com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney SMS CLEANING, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) 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. - --- GP*TEN--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 JANITORIAL AGREEMENT - 8 - 3/2017 C1 I y 01. CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 IJP t ff. (2531 33-35'-JUC' com EXHIBIT "A" JANITORIAL SERVICES 1. The Contractor shall do or provide the following: ""'Co le of Services: City Hall,33325 8th Ave S., Federal Way, WA 98003 (5 days week/ service-Sunday-Thursday) Parks/Public Works Dept. - Maintenance Shop, 31130 28h Ave S., Federal Way, WA 98003 (5 days week/ service-Sunday- Thursday) Police StoEgge,_600 S 333`d Street, Federal Way, WA 98003 (I 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. 0 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 0 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 0 Clean or sanitize entry glass, door handles, around doors, light switches, tables and counters. TRASH&RECYCLING * (see details in notes below) 0 Option I -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. --SECURJT-Y---------------------------- -—----------- 0 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 9 Restroom, showers, holding cells and kitchen walls, spot clean hallway walls and public phones. Wipe down cabinets, doors and community trash receptacles. JANITORIAL AGREEMENT - 9 - 3/2017 CR t.r a t- CITY HALL �•� 33325 8th Avenue South Federal Way,WA 98003-8325 (253)835-7000 www ra"Mederalway cam 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. Scone of Services: Sacaiawea Park, 1401 S Dash Point Road, Federal Way, WA 98003 (2 day service/weekends—Saturday, Sunday& Holidays) Sa halie Park,33914 191h Ave SW, Federal Way, WA 98003 (oda-service/�wee�rid5---Saturd , Sunda &_Hoii y---•--- ---- a5'� y- days)---- 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(1St Day of each year);MLK Day(3`d Monday in January); Presidents Day(3`d Monday in February); Memorial Day(Last Monday of May);Independence Day(4th day of July); JANITORIAL AGREEMENT - 10 - 3/2017 CITY HALL 33325 8th Avenue South n Federal Way,WA 98003-6325 (2531 335-7000 Labor Day (1" Monday of September); Veteran's Day (11th Day of November)-, Thm-ks,_�iving Day (4th Thursday of November); Day after Thanksgiving (4h 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 0 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 Y2full. 411 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 Facilitic-s.—T-he-Federal-Way--Pclice-Depadment 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. JANITORIAL AGREEMENT - 11 - 3/2017 CITY 0CITY HALL 33325 8th Avenue South ay Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway_com 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. J. 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 i v presei tative,which shall specifi-caily-set-fbrth-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. JANITORIAL AGREEMENT - 12 - 3/2017 C8 r v o E- CITY HALL 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www_crfWffederr lmiy_com 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. JANITORIAL AGREEMENT - 13 - 3/2017 CITY HALL COY 33325 8th Avenue SOUth Federal Way,WA 98003-6325 (253) 835-7000 wvnvCrf. it ii mr: ,:, Com r� -s Cle 91L y� r Ilf Cosyrwmen t r 1 COLa40Rr Room I { , M 4 > City Hall First Floor !E.o.c. rTn Cleaning Schedules fleening Contract LAE6 Gaily Meaning Schedule Wvrjnb�-2213 _� • � _ Areasto Ie ceaned Daly n ■ Non.SiroicedArea r �• ✓ -�i, SY2av Weekly Cleaning Schedule '; ❑ Area cleaned weepy on S mdays ❑ { + Aleaclea-Ed Weepy on hlonda')5 �� rdr1 •r,* .. � t tLL ti Pa'roi 9rieing o R Laie 1, Icon ---------------------- --------- 1M nuyr nlr�.d!v nW-'s.w ry w '�`�`•'� JANITORIAL AGREEMENT - 14 - 3/2017 U I Y OF CITY HALL V", 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-71000 I L 777 x U, TIT F I City Hall Front Lobby Second Floor ldnitDfial SeivIces Contn.& 14m,erV.,A--r'm i cj cleaning Schedules Daily Cleaning Schedule WeeldyCieaning Schedule rryx nIw IrrI Are-as to be maned Da iv —]F X lea Cleared eecy.I-I Non SEr-III 8w In Cass F` Council Chan-Mus F R T-1 W., url,k Rif, Ills —--—------------ ---------—--------- JANITORIAL AGREEMENT 15 - 3/2017 C� CITY HALL I 33325 8th Avenue South Federal Way,WA 98003-6325 LY (253) 835-70,00 com 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: City 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. Facili ......$450.00 per month= $5,400.00 per year (City Acct#: 505-1100-331-576-80-480) Saca'awea 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. JANITORIAL AGREEMENT - 16 - 3/2017 COUNCIL MEETING DATE: January 21,2020 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:EXTENDING INTERIM ZONING ORDINANCE FOR SMALL WIRELESS FACILITIES UNTIL FURTHER DIRECTION IS PROVIDED BY THE FEDERAL COURTS. POLICY QUESTION: Should the City extend Ordinance No. 19-862 for a six-month period until further direction is provided by the federal courts regarding the provision of small wireless facilities within the City? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, Attorney DEPT: Law Attachment: Ordinance Options Considered: 1. Approve and adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A DIRECTOR APPROVAL: � 1 Committee fur. i1 Initial/Date Initial/Date / 1 im i TDjte COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE AND ADOPTION (JANUARY 21): "1 move approval and adoption of the proposed ordinance. " (BELOW TO far C:0.11PLEIED 81 070 C.'LLRI,S 0i'FICE ----------- 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# ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption and extension of interim land use regulations and official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 to control the provision of telecommunications facilities within the City, which were adopted pursuant to Ordinance No. 19-862. (Amending Ordinance Nos. 19-862, 18-850; 15-804; 15-797; 13-754; 11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43 and 19-862). WHEREAS, the City of Federal Way has the authority to adopt interim land use regulations pursuant to RCW 35A.63.220; and WHEREAS, Chapter 19.256 of the Federal Way Revised Code ("FWRC") was amended pursuant to Ordinance 19-862 adopting interim zoning regulation regarding telecommunications facilities effective January 9, 2019; and WHEREAS, the Federal Communications Commission ("FCC") adopted a Regulatory Ruling, Order, and Regulation 85 FCC 51867 ("FCC Order") governing small wireless facilities that impose limitations on the processing of all permits associated with the deployment of small wireless facilities; and WHEREAS, the FCC Order requires the City to adopt aesthetic standards for such deployments and to utilize a consolidated process emphasizing administrative review in order to comply with federal safe harbors or presumptively reasonable time limits for review; and WHEREAS, Ordinance No. 19-862 was enacted in part to address the requirements of FCC regulatory orders; and WHEREAS, the Federal Order imposed significant constraints on the exercise of local authority as well as procedural requirements; and WHEREAS, the FCC Order has been the subject of multiple appeals consolidated before the Federal Ninth Circuit Court of Appeals; and Ordinance No. 20- Page 1 of 4 WHEREAS, oral argument has been scheduled for February 2020 with a decision to be rendered at an unknown date in the future; and WHEREAS, The City's adoption of interim regulations provides a structural framework and aesthetic standards for wireless communication facilities; and WHEREAS, the City Council deems it to be in the public interest to delay final consideration of its interim regulations until further direction is provided by the federal courts; and WHEREAS, RCW 36.70A.390 permits the City to extend the interim regulations for additional six-month periods if a subsequent public hearing is held; and WHEREAS, a public hearing was held before the City Council on January 21, 2020. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. For the Findings of Fact required pursuant to RCW 35A.63.220 and 36.70A.390,the City Council hereby adopts the recitals set forth above. Section 2. Ordinance Extension. Ordinance 19-862 is hereby extended for an additional six months effective January 9, 2020. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall --------------------- not affect_the validity of the remainder of_the--ordinance, or the_validi of its application y - to any ------ -- n' - _— -- --- other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 20- Page 2 of 4 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. The Council finds that this interim regulation is for a public emergency, necessary for the protection of public health, public safety, public property, or the public peace, and for the immediate support of City government, and is not subject to initiative or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall be retroactively effective on January 9. 2020, and be in full force immediately upon adoption. PASSED by the City Council of the City of Federal Way this day of a 20� [Signature page follows] Ordinance No. 20- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20- Page 4 of 4 COUNCIL MEETING DATE: January 7,2020 ITEM#: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE:ESTABLISHING THE TIME OF PAYMENT,INTEREST,AND PENALTIES TO BE IMPOSED ON DELINQUENT ANNUAL SPECIAL ASSESSMENTS FOR THE NORTH LAKE MANAGEMENT DISTRICT NUMBER 2 POLICY QUESTION: Should Council adopt an Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2? COMMITTEE: Land Use&Transportation Committee MEETING DATE: December 2, 2019 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Leah Myhre, Water Quality Coordinator VN` DEPT: Public Works Attachments: Staff Report Proposed Ordinance Options Considered: 1. Adopt the proposed Ordinance. 2. Do not amt the Aroused Ordinance and provide direction to staff. MAYOR'S RE.CONINlENi7,ATTON: Option 1. MAYOR APPROVAL: ` �' , --/.DIRECTOR APPROVAL: f nar_Uc; L nuaic[I ate 1111A 1111 l U.ae Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 7, 2020. Mark ii❑ ,Committee hair _J se ahnson, Committee Member Hoary Tran,Committee Member PROPOSED COUNCIL MOTION(S): FIRST Rr,ADING OF-OR-DrNANCE (JANi1ARY-7--2020):-"I-muvo--M-forward-apprrral-of the---ordinance-to,--1h&----- January he---ordin n7ce-tn--the- --- January 21, 2020 Council Meeting for enactment." SECOND READING OF ORDINANCE(JANUARY 21,2020): "1 move approval of the proposed ordinance." _ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# i ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION /nom,-� Enactment reading MOVED TO SECOND READING(ordinances only) Ol 10712MO ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: December 2, 2019 TO: Land Use &Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Leah Myhre, Water Quality Program Coordinator kAA SUBJECT: Ordinance establishing the time of payment, interest, and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2 FINANCIAL IMPACTS: North Lake Management District Number 2(NLMD)activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to North Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the NLMD are funded through these assessments,and thus will have no direct financial impacts on the City. BACKGROUND INFORMATION: At the May 21,2019 City Council meeting, a public hearing date concerning the renewal of the NLMD was set for July 16, 2019, and a resolution of intent to reform the NLMD was adopted. Following the public hearing on July 16, 2019, City Council adopted a resolution to renew the NLMD and call for a vote by the affected property owners on the renewal of the proposed district. Ballots were mailed out on July 31, 2019 based on criteria in RCW 36.61.080. Valid ballots submitted prior to the voting deadline of 5:00 P.M. on August 23,2019 were tabulated,and pursuant to RCW 36.61.090,the NLMD is approved through a simple majority of votes cast in favor of the renewal. At the October 1, 2019 City Council meeting, Council adopted Ordinance Number 19-876 to renew the NLMD and set a public hearing on the assessment roll for the district for November 5, 2019. During the public hearing on November 5, 2019, Council approved Resolution 19-773 approving and confirming the special assessment roll for the North Lake Management District Number 2. In addition to establishing the special assessment roll of rates and charges, an Ordinance establishing the time of payment,interest,and penalties for assessments must be adopted by City Council,pursuant to RCW 35.21.403 and RCW 36.61.200. The proposed Ordinance will establish May 10th of each year as the due date for all annual assessments, will impose interest in the amount of one percent (1%) per month on the ----------- ------balance aaf-any-lel-isigLient-specials-sessrn"ts,-and-establish.-the-persalt}-for-late-pay ent-as._the-minimum allowed by RCW 36.61.200, which is five percent (5%) of the delinquent special assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parcels of land, and other properties within the special assessment roll that fail to pay their special assessments, penalties, and interest. ORDINANCE NO. AN ORDINANCE of the City of Federal Way,Washington,establishing the time of payment,interest,and penalties to be imposed on delinquent annual special assessments for the North Lake Management District Number 2. WHEREAS, on October 1, 2019,the City of Federal Way City Council adopted Ordinance No. 19-876 renewing the North Lake Management District Number 2 ("District") and setting a public hearing on the assessment roll for the District; and WHEREAS, the hearing notice requirements of Chapter 36.61 RCW were satisfied and provided an opportunity for each property owner within the District to evaluate the special assessment roll and the proposed assessment for their property or properties; and WHEREAS,on November 5,2019,the City of Federal Way City Council conducted a public hearing for the purpose of accepting testimony in support of and in opposition to the special assessment roll.At the public hearing,testimony in favor of the assessment roll was provided by the Chair of the current North Lake Management District Advisory Committee; and WHEREAS, at the public hearing on November 5, 2019,there were no objections made to the special assessment roll for the District; and WHEREAS, on November 5, 2019, the City of Federal Way City Council approved Resolution No. 19-773 approving and confirming the special assessment roll for the purpose of imposing annual special assessments on property owners within the District; and WHEREAS,pursuant to RCW 35.21.403 and RCW 36.61.200,the City of Federal Way City Council must establish by ordinance the interest and penalties to be imposed on delinquent annual assessments. Ordinance No. 20- Page I of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Due Date and Interest Penalties on Delinquent Annual Special Assessments. Annual special assessment payments are due on the tenth(10th)day of May each year.Interest in the amount of one percent (1%) per month shall be imposed on the balance of delinquent special assessments.Monthly interest shall be charged on the first day of June and each subsequent month. The penalty for late payment shall be the minimum allowed by RCW 36.61.200. Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments, including penalties and interest, imposed within the North Lake Management District Number 2 shall be liened upon the respective lots, tracts, parcels of land, and other property in the special assessment roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or thereafter created except a lien for general taxes.The cost associated with filing a lien and any other collection effort will be borne by the property owner. No lien shall extend to public property subjected to special assessments. Section 3. Severability. Should any section,subsection,paragraph,sentence,clause,or phrase of this ordinance,or its application to any person or situation,be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, ------- --------— —------ ---------------- ----- clauses,phrase,or portion thereof,irrespective of the fact that any one or more sections,subsections, sentences, clauses,phrases, or portions be declared invalid or unconstitutional. Ordinance No. 20- Page 2 of 3 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification.Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 20- Page 3 of 3