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AG 20-011 - King County Radio Communication Services RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATINGDEPT./DIV: information Technology 2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT X GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Decatur High School Distributed Antenna System 6. NAME OF CONTRACTOR: King County Radio Communication Services ADDRESS: 855 S 19?cd S S_,ite :000 TELEPHONE (206)296-0607 E-MAIL: a u,c ny.Minarc,ccuurry.gov FAX: SIGNATURE NAME: Anthonv Minor TITLE Manager 7. EXHIBITS AND ATTACHMENTS:O SCOPE,WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 08/14/2019 COMPLETION DATE: 1/31/2020 9. TOTAL COMPENSATION$ 39,353.70 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ENO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED A YES ❑NO IF YES,$ 3,577.61 PAID BY:A CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED Q PURCHASING: PLEASE CHARGE TO: 502-1100-046-521-10-480 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE"RLA11 VN:F.F)_ INITIAL/DATE APPROVED ROJECTMANAGER —( 1 MRECTOR _ ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCILAPPROVAL(IF APPLICABLE) SCHEDULED COMMITTCEDATE: N/A CommmrEEAPPROVAL DATE: N/A SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 12/23/2019 DATE REC'D:1/23/2020 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE S GNHD ❑ LAW DEPARTMENT ?,H ISO, ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# rip–C]tL ❑ SIGNED COPY RETURNED DATE SENT: l -11 COMMENTS: 1/2018 r3ru n€ CITY HALL d r � Feder 8th Avenue South p�! Way Federal Way,WA 98003-6325 (253)835-7000 www talyoffederalwoy com INTERLOCAL GOODS AND SERVICES AGREEMENT FOR DECATUR HIGH SCHOOL DISTRIBUTED ANTENNA SYSTEM This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and King County Radio Communication Services, a Washington municipal 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: KING COUNTY RADIO COMMUNICATION CITY OF FEDERAL WAY: SERVICES: Thomas Fichtner Anthony Minor 33325 8th Ave. S. 855S 192nd St. Suite 1000 Federal Way, WA 98003-6325 SeaTac, WA 98148 (253) 835-2547 (telephone) (206) 296-0607 (telephone) (253) 835-2509 (facsimile) A.nthony.Minor@kingeounty.gov Thomas.Fichtner@cityoffederalway.com I 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 August 14th, 2019 ("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. 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 pin-pose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. The Contractor shall begin to correct any defects within seven(7) calendar days of its receipt of notice from the City of the defect. The Contractor and City will agree on a reasonable time to accomplish the corrections GOODS AND SERVICES AGREEMENT _ 1 - 9/2017 CITY of CITY HALL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www.ckyoffederalway com 2.3 -1-M lr,zpuctioq. 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 accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up,the City may,but in no event is it obligated to,perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION.Either party may terminate this Agreement,with or without cause,upon providing the other party thirty (3 0) 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 such 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 has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does 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. GOODS AND SERVICES AGREEMENT -2 - 9/2017 CITY OF CITY HALL A�kFederal I Wa Feder 8th Avenue South �� (253)8l Way,WA 98003-6325 (253) 835-7000 www.cityofiederatway.com 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims,except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify,defend,and hold the City, its elected officials, officers,employees, agents,representatives, insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement,except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terns 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. 5.3 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. During the term of this Agreement,King shall maintain 1) Commercial General Liability insurance with limits of not less than $1 million, combined single limit per occurrence, and $2 million in the aggregate; 2) Statutory Workers Compensation coverage; and, 3) Stop Gap/Employers Liability in the GOODS AND SERVICES AGREEMENT -3 - 9/2017 CITY of CITY HALL 33323 8th Avenue South rederal Way Federal Way,WA 98003-6325 (253) 835-7000 mm..cutyoffederaAvay com amount of $1 million. Participation in a government self-insured risk pool or program shall satisfy the aforementioned insurance requirements. 7. CONFIDENTIALITY.All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subj ect to applicable laws.Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 make such data, documents,and files available to the City and shall deliver all needed or contracted for work product 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/ENIPLOY'EE 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 'Safe1y. 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 GOODS AND SERVICES AGREEMENT -4 - 9/2017 C91 Y OF CITY HALL 33325 8th Avenue South d e-r a I Wa v Federal Way,WA 98003-6325 (253)835-7000 www.cifyotfedernl way.com is likely to become displaced or damaged by 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 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 OPP[)RTI..'NITY 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 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 to,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 of the Civil Rights Act of t 964,the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR t Part 21,21.5 and 26, or any other applicable federal,state,or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement,together with any attached Exhibits,contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements,whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions 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 AssiL,1 nent 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. If the non-assigning party gives its consent to any assignment, the terms of this Agreement GOODS AND SERVICES AGREEMENT - 5 - 9/2017 O x o r CITY HALL 33325 8th Avenue South Federal Y Federal Way,WA 98003-6325 (253) 835-7000 www.ciryoffederalw©y com 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 of the Services is essential to the Contractor's performance of this Agreement.Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing.Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,unless the parties agree in writing to an alternative process.If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however,however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument,but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution"hereof. GOODS AND SERVICES AGREEMENT - 6 - 9/2017 CHY OF CITY HALL F ���� � � 33325 8th Avenue South Federal Way,WA 98003-6325 (253)83a•-7000 WWW.tr:vc';Ie:1�=rnU;n'com [Signature page follows] i I GOODS AND SERVICES AGREEMENT - 7 - 9/2017 CITY OF CITY HALL Federal 33325 8th Avenue South ,SI y Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederalway.com IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Ji ell, Mayor StWhInie Courtney, CMC, i y Clerk f; DATE: APPROVED AS TO FORM: OVIl J. Ryan Call, City Attorney KING COUNTY RADIO COMMUNICATION SERVICES: By: Printed Name: 0,,,JV+n n4 to-Itk COIL off, Title: yt��+ a (=-w— l46- IZ00 10 k: 66 S R �a(A.I DATE: STATE OF WASHINGTON ) lt 0 F`V1 ) ss. rliifwlt� ,,,--•• COUNTY OF t On this day personally appeared before meiu'7{�,mti► '! ]�r,�" , to me known to be the 'OfofC-F-Adlai4hat executed the foregoing instrument, and acknowledged the said ins�imem 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 234 day of 1av,., . 20Zu Notary's signature Notary's printed name �tktXV10.Y-) Notary Public ' .and for the State of Washington. My commission expires p o Ii-Za7.Q7 GOODS AND SERVICES AGREEMENT - 8 - 9/2017 CITY OF CITY HALL 33325 8th Avenue South ` " LFederM Way Federal Way,WA 98003-6325 _ (253) 835 7000 bvWw.crr yaffetlr<1,4 i:�ticom EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: Acquire the following equipment: QTY DESCRIPTION Cost _Price Comba PS Fiber Master $ 1 110v $9,682.20 9,682.20 t $ 1 Comba PS Fiber Rem 110v $5,999.40 5,999.40 1 Comba PS Fiber Rem -48v $5,999.40 5,999.40 1 Newmar Battery BU NFPA $4,778.73 4,778.73 3 6m SC/APC Patch Cord $40.90 122.70 1 Fiber Cleaner SC/APC 69.12 69.12 1 11d6d Ya i Donor Antenna 67.17 67.17 Configure the equipment to work with the County 800MHz trunked radio system, and install at Federal Way City Hall, 33325 8th Ave S,Federal Way, WA 98003 and Decatur High School, 2800 SW 320th St,Federal Way, WA, 98023 as described below: I TASKS Rate Hours Total $ $ Equipment Staging 135.00 6 810.00 Install EQ Decatur HS 135.00 6 810.00 Install EQ City Hall 135.00 10 1.350.00 Uplink Decatur HS _135.00 6 810.00 Uplink City Hall 135.00 6 810.00 Remove old BDA @ City $ $ Hall 135.00 3 1 405.00 Remove old BDA @ Decatur 135.00 2 270.00 Grid studies at 2 locations 135.00 4 540.00 Total labor Hrs 43 GOODS AND SERVICES AGREEMENT - 9 - 9/2017 CITY OF CITY HALL --4hL 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 - _... (253+ 535-7CC, www.•:. i., _.,...,_....�vcom EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services inclusive of a 10% contingency,the City shall pay the Contractor an amount not to exceed Thirty Five Thousand Seven Hundred Seventy-Six and 09/100 Dollars ($35,776.09) and Washington State sales tax equal to Three Thousand Five Hundred Seventy-Seven and 61/100 Dollars ($3,577.61)for a total of Thirty Nine Thousand Three Hundred Fifty-Three and 70/100 Dollars ($39,353.70)). GOODS AND SERVICES AGREEMENT _ 10 - 9/2017 - ........ ... .... _. ...........—.............. �. COUNCIL MEETING DATE: August 13,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:DECATUR HIGH SCHOOL DAS REPLACEMENT POLICY QUESTION: Should Council approve the purchase and installation of a new Distributed Antenna System(DAS)for Decatur High School? COMMITTEE: N/A MEETING DATE:N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Thomas Fichtner DEPT: Information Technology Attachments: Staff Report–City Council Memorandum dated August 7,2019 King County RCS Quotation Options Considered: 1. Authorize the purchase and installation of the Decatur High School DAS from King County Radio Communications Services for a total not to exceed $39,353.70. 2. Do not authorize the purchase and installation of the Decatur High School DAS from King County Radio Communications Services and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends Option 1. MAYOR APPROVAL: t'f DIRECTOR APPROVAL: j h Cnmrni lec Council InitialfDa c Initial/Date Initial/Date COMMITTEE RECOMMENDATION:N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the purchase and installation of the Decatur High School DASfrom King County Radio Communications Services for a total not to exceed$39,353.70." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) cat1NC II.,AcTrO' -lPPRCM IaI � COUNCIL BILL# Q DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED- 4/2019 RESOLUTION# s CITY OF FEDERAL WAY MEMORANDUM DATE: August 7th 2019 TO: City Council Members /J VIA: Jim Ferrell, Mayor Q- ! g-/7/�`7 FROM: Thomas Fichtner, IT ManagerTr SUBJECT: Decatur High School DAS Replacement Financial Impacts: This item was not included within the approved budget for the Decatur High School DAS Replacement. As proposed, half of the cost will be funded by salary savings from within the Police Department and the other half will be funded by Federal Way Public Schools as they have agreed to pay half of the total cost for this project. Upon completion of the Decatur High School DAS Replacement, There will no fixed future costs, but rather periodic maintenance of the system if/when necessary. Total estimate of all known costs including tax and contenting is: $55,853.70. All costs related to this project are split 50/50 with Federal Way Public Schools, which would make the City's contribution: $27,926.85. Background Information: King County Radio currently owns and operates the 800 MHz Emergency Radio System as it relates to all Police and Fire radio services in the greater Federal Way area. The "Sector 1" area, where Decatur High School is located, has been a long standing problem area for 800 MHz radio coverage, which is generally due to topography as well as the current location of radio towers. The Federal Way Police Department has experienced a couple incidents at Decatur High School when an officer was in distress, but could not call for help on their 800 MHz portable radio due the lack of coverage in the school. In 2008 the City, with the help of King County and Sprint/NEXTEL, installed a BDA (Bi-Directional Amplifier) system in the main administration and classroom building of Decatur High School. In 2014, the original BDA was replaced due to an unrepairable hardware failure of the original unit. This new BDA worked well until just recently when it was discovered by King County that the BDA at Decatur High School was generating interference which Rev.7/18 was impacting the entire "Sector 1" area. Due to the location of Decatur High School being in the low spot of a"bowl", over the years trees have grown enough to prevent the BDA from receiving enough signal from the main radio tower to be functional, and thus causing interference. There were two options to solve this problem; build a new tower at Decatur High School, or install a new BDA/DAS (Distributed Antenna System) that is fed with a fiber optic signal from another site that has good enough signal. The easiest and most cost effective solution to this problem is installing a new BDA/DAS system and using Federal Way City Hall as a donor site. Since King County Radio owns and operates the system, they are the sole contractor for this project in regards to radio communication. The estimated cost to install the equipment at City Hall as the donor site and Decatur as the remote site and get the main administration and classroom building online is: $32,523.72. With the addition of a 10% contingency as well as 10% sales tax, that brings the total for King County to: $39,353.70. There are additional costs to this project that that Council should be aware of: • The City also needed to activate additional Comcast I-NET fibers to connect City Hall to Decatur High School. The cost of activating the I-NET fibers is estimated at $15,000. • There is also a cost to run additional fiber within City Hall, which is estimated at about $1,500. • The School District is hiring their contractor to install some fiber between the location that the Comcast I-NET fibers terminate and the location where the BDA/DAS will be installed. The cost of this work is not known at this time. Total estimate of all known costs including tax and contenting is: $55,853.70. All costs related to this project are split 50/50 with Federal Way Public Schools, which would make the City's contribution: $27,926.85. Moving forward as the King County 800MHz radio system transitions to the Puget Sound Emergency Radio Network (PSERN) and into the new P25 digital standard, King County Radio has guaranteed this equipment will be fully compatible and will just need to have some software/tuning done for it to work. This project only addresses the main administration/classroom building of Decatur High School. King County RSC will be working on engineering a system to provide coverage in the separate Gymnasium building, which currently has no 800MHz public safety radio coverage. 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