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2020-02-18 Council PKT - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall February 18, 2020 - 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing In Ceremony for 7 New Police Officers b. EI Centro de la Raza Presentation — Estela Ortega c. Mayor's Emerging Issues and Report • State of the City on February 27 - Performing Arts and Event Center at 6:00 p.m. • Update on City Council Vacancy — tentative interviews Monday, February 24 • Spring Neighborhood Connection Meetings in March and April d. 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 a Councilmember for separate discussion and subsequent motion. a. Minutes: February 4, 2020 Regular and Special Meeting Minutes ...page 4 b. DSHS Respite Care in Community Settings ...page 15 c. 2020 Parks & Recreation Commission Work Plan ...page 35 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. d. Parks Property Tax Levy Agreement ...page 37 e. FieldTurf USA, Inc. Retainage Release ...page 39 f. Valley SWAT Interlocal Agreement Addendum ...page 40 g. New Allocation MOU's for FY17, FY18 and FY19 JAG Award ...page 47 h. Agreement with Federal Way Youth Action Team for Capacity Building and Community Support ...page 59 i. Agreement with Phenomenal She for After School Programming ...page 92 j. Agreement with EI Centro de la Raza for After School Programming ...page 121 k. Agreement with Boys and Girls Clubs of King County for After School Programming ...page 150 I. Resolution: Pooling Funding between South King Housing and Homelessness Partners (SKHHP) Cities Related to Affordable and Supportive Housing — Sales and Use Tax (RCW 82.14.540) as Authorized by Substitute House Bill (SHB) 1406 ...page 179 m. Horizontal Curve Warning Signs — 80% Design Report and Authorization to Bid ...page 190 n. Lakehaven Water and Sewer District Interlocal Agreement ...page 193 o. Citywide Adaptive Traffic Signal Control/Traffic Control Center — Authorization to Contract Expenditure Increase ...page 207 6. COUNCIL BUSINESS a. Lodging Tax Advisory Committee Appointment ...page 210 b. Human Services Commission Appointments ...page 211 c. Arts Commission Appointment ...page 212 d. Proposed Settlement Agreement for Van Moorsel Lawsuit ...page 213 e. Resolution: Amending Council Rules of Procedure ...page 215 f. Resolution: Amending Code of Ethics ...page 260 g. 2020 Planning Commission Work Program ...page 277 h. Council Discussion and Possible Action Regarding a Position on HB 2907 which would Authorize an Excise Tax on Businesses in King County ...page 288 i. Federal Way Link Extension Station Naming ...page 289 7. ORDINANCES First Reading a. Council Bill #775 Related to Grating Seattle SMSA Limited Partnership dba Verizon Wireless Franchise Agreement ...page 291 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, ITS AFFILIATES, SUCCESSORS AND ASSIGNS A NONEXCLUSIVE FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPLACING, AND REPAIRING A 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. TELECOMMUNICATIONS NETWORK CONSISTING OF SMALL WIRELESS FACILITIES IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW THE CITY OF FEDERAL WAY. Staff Report: Deputy Public Works Director Desiree Winkler Citizen Comment — 3 minutes Council Questions b. Council Bill #776 Ordinance revising FWRC 6.35.030 Pedestrian Interference ...page 343 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIANS INTERFERING WITH TRAFFIC; AMENDING FWRC 6.35.030. (Amending Ordinance Nos. 15-802, 15-784, 11-697, 08-576, 05-509, 94-214, and 91-89) Staff Report: Assistant City Attorney Eric Rhoades Citizen Comment — 3 minutes Council Questions Second Reading/Enactment c. Council Bill #774 Ordinance related to the Creation of an Information Technology Department ...page 350 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF AN INFORMATION TECHNOLOGY DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.16 TO TITLE 2. (Amending Ordinance Nos. 14- 766 and 10-666). 8. COUNCIL REPORTS 9. EXECUTIVE SESSION Potential Litigation pursuant to RCW 42.30.110(1)(i) 10. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5COUNCIL MEETING DATE: February 18, 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 February 4, 2020 Regular and Special City Council Meetings? COMMITTEE: N/A CATEGORY: ® Consent ❑ City Council Business MEETING DATE: N/A ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF —R-E-PO..RT BY: Step_alie C�u[tn_�-Ya._Cit Ciera} I Attachments: Draft minutes for the February 4, 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 Committee Initial/Date COMMITTEE RECOMMENDATION: N/A DEPT: Mayor's Office N/A CITY CLERK APPROVAL: t Council TnitfallDaic Initial/Date 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 # CIT V::A�L Federal Way CITY COUNCIL SPECIAL MEETING AGENDA Council Chambers - City Hall February 4, 2020 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:02 p.m. D/?,gFx City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Honda, Councilmember Lydia Assefa- Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. COUNCIL BUSINESS a. Review Council Rules of Procedure City Attorney Ryan Call reviewed the proposed amendments to the Council Rules of Procedure as submitted to Deputy Mayor Honda by City Councilmembers. The following proposed rule changes were discussed and Council determined next steps by consensus. • Set Regular Meeting schedule to reflect current practice Mr. Call reviewed the current practice of motions made by Council to reschedule and cancel meetings in both August and December. For multiple years the first meeting of August (first Tuesday) was moved to the following week (second Tuesday) for elections and to allow participation in National Night Out. Additionally, the second meeting in both August and December (third Tuesdays) has been canceled. Deputy Mayor Honda requested to adjust the first meeting in November to the following dayMednesday due to elections. All councilmembers confirmed adjusting the August meeting and November election meetings (even on non -council election year). Councilmember Martin Moore joined the meeting at 5:06 p.m. Federal Way City Council Special Minutes Page I of 3 February 4, 2020 • Change Title of Deputy Mayor to Council President Mr. Call reviewed RCW 35A.13.035 which referred to the need for a deputy mayor or mayor pro tempore under the code city mayor -council form of government. Councilmember Koppang referred to the optics of a deputy mayor being secondary to the mayor; which is something council wishes to avoid. He believes this change would establish a better understanding of the role of the City Council in a city with a strong mayor. Council reached a consensus to update the title and clarified the Deputy Mayor would instead be referred to as Council President. • Move Citizen Comments to occur prior to Proclamations and Presentations Mr. Call introduced the proposal to move the Citizen Comment portion of City Council Meeting to before Presentations and Proclamation. Deputy Mayor Honda explained this proposal was in an effort to allow citizens to share their comments and leave in a timely manner in case of family responsibilities. Mr. Call reminded Council that if the change were to be enacted individuals and groups invited to receive a proclamation or an award would then be required to wait through citizen comments prior to receiving their honors. COUNCILMEMBER MOORE MOVED TO TABLE THIS PROPOSAL AND BRING IT BACK IN MARCH AFTER A COUPLE WEEKS; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion failed 4:2 as follows: Deputy Mayor Honda yes Councilmember Koppang no Councilmember Assefa-Dawson no Councilmember Moore yes Councilmember Tran no Councilmember Kochmar no Council discussion continued with suggestions to limit the time allocated to the various presentations to reinforce the idea of being mindful to citizens and their timeframe. Mayor Ferrell directed the City Clerk to document the start and end times of Citizen Comment for the next three to four meetings. At a later date Council can review the information and reconsider this proposal. The Council concurred. • Rule stating Council will not pass the budget after 10:00 p.m. After introducing the proposed rule, Mr. Call indicated there is an existing rule (2.1) that requires meetings adjourn by 10:00 p.m. and when a motion is made to suspend the rule it is seldom, if ever, voted down. Council discussion occurred regarding the need for the additional time -related rule and whether continuing the meeting to another date would be preferable to waving the rule. Concerns regarding schedules and if there is a need for live -viewing were discussed. While not unanimous, Council reached general consensus to not move forward. Federal Way City Council Special Minutes Page 2 of 3 February 4, 2020 • Establish process for proposal and approval of Council Proclamations. Mr. Call indicated the proposed rule is to memorialize the current process which is to use Agenda Setting Meetings to vet proclamation requests to be placed on the Council Meeting Agendas. Council was reminded proclamations are to be supported by the full council and not considered controversial. Through discussion, Council agreed to the verbiage of the proclamation should be to the City Clerk by the Agenda Setting Meeting while the name of the individual to accept the proclamation would be required before publication, the Thursday prior to the Council Meeting. If these items are not received in a timely manner, the proclamation will not be on the agenda. b. Review Code of Ethics City Attorney Ryan Call provided a brief review of the concern presented regarding Code of Ethics Rule 2.4 regarding gifts. Currently gifts over $20 in value are not allowed which disallows Councilmembers from accepting offers to sit at dinner tables at charitable events. Many councilmembers believe there is public benefit to having city officials accept these invitations which include networking, interaction with voters, and showing of public support for charitable causes. Mr. Call suggested Council follow Washington State Policy from the Revised Code of Washington (RCW) 42.52.150(2)(j) which exempts the "admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization." Council agreed and directed Mr. Call to move forward with the proposed change. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:01 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Special Minutes Page 3 of 3 February 4, 2020 Stephanie Courtney m000i�wiaw� oiw�iiirwwwwwwwwwwwwwwwwww� From: Natalie Kamieniecki Sent: Friday, February 14, 2020 12:04 PM To: Stephanie Courtney Subject: Hearing Examiner Hi Stephanie, I am looking into hearing examiner availability for late March or early April? I believe the hearing would take maybe 30 mins maybe an hour max but I doubt it. Sincerely, Natalie Kamieniecki Associate Planner Federal Way 333258 th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2638 Fax: 253/835-2609 www.city_c ffede ra lway.co,m CITY OF VL Z�A:. Federal Wa CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall February 4, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:35 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Honda, Councilmember Lydia Assefa- Dawson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and Deputy City Clerk Jennifer Marshall. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS Mayor Ferrell reviewed the application process for the current City Council vacancy. a. Police Chief's Commendation Chief of Police Andy Hwang was proud to present a Chiefs Commendation to Officer Donovan Heavener for his dedication and support of the athletes of the Special Olympics. Officer Heavener expressed his appreciation for the commendation and he was truly grateful for the team effort. b. Proclamation — Black History Month — February Councilmember Assefa-Dawson shared a personal statement regarding black history month and what it means to her. She recognized predecessors who suffered and paved the way to enable her to sit at the dais. Councilmember Assefa-Dawson read and presented the proclamation to Federal Way High School (FWHS) Teacher Ms. Ashe who expressed honor in accepting thisproclamation; she is appreciative of the city. She is pleased the school is working to develop and implement an ethnic studies program starting in the 2021 school year. Federal Way City Council Regular Minutes Page I of 6 February 4, 2020 c. Coronavirus Update Emergency Manager Ray Gross reviewed the current status of the Coronavirus and what symptoms might indicate exposure. He also shared what future actions may be needed if the outbreak comes to our area including steps he is taking in the city to ensure continuity of service. He also outlined steps citizens could take to remain informed and which resources would be best. d. Mayor's Emerging Issues and Report Report on the City Council Annual Retreat Mayor Ferrell reported on the City Council Annual Retreat which took place on Saturday, February 1. He thanked Council and staff for their attendance, and Mr. Andrew Ballard for facilitating the retreat. State of the City Mayor Ferrell encouraged attendance at the State of the City Address scheduled for February 27 at 6:00 p.m. at the Performing Arts and Event Center. King County Elections at Federal Way City Hall Policy Advisor Bill Vadino announced King County Elections will be on site at City Hall for various election dates throughout 2020. King County will be offering same day registration, in-person voting, obtaining replacement ballots, and submitting ballots while at City Hall. Visit to the FUSION Housing Project at the former Econo Lodge site Mayor Ferrell reported on his recent tour of the FUSION Housing Project on January 28. He stated both King County and State money have been allocated to this project and it is anticipated the facility will open in July. e. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran thanked Councilmember Kochmarfor leading the meeting in his absence and staff for allowing him to attend remotely. He announced the meeting times will be moved to 5:00 p.m. on the fourth Tuesday of each month. Lodging Tax Advisory Committee (LTAC) CouncilmemberAssefa-Dawson attended herfirst meeting in January and enjoyed the conversation around making Federal Way a robust tourism center. She announced upcoming swimming competition dates and directed Councilmembers to let Economic Development Director Tim Johnson know if they are available to volunteer. Federal Way City Council Regular Minutes Page 2 of 6 February 4, 2020 Land Use/Transportation Committee (LUTC) Councilmember Koppang reported on a number of items forwarded to the consent and business agenda for February 18 Council Meeting. He highlighted the discussion regarding the Lakehaven Water and Sewer Interlocal Agreement indicating this agreement would help streamline processes and spending. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Kochmar indicated due to scheduling she has not yet attended a meeting and reviewed the full agenda for the February 11 meeting. Regional Committees Report (PIC) Councilmember Moore announced he is a member of Regional Public Issues Committee (PIC); their next meeting is scheduled for February 12. Mayor Ferrell spoke regarding an upcoming Sound Cities Association (SCA) meeting scheduled for February 24 where area mayors and police chiefs will be meeting with the King County Prosecutor regarding disposition standards and concerns the South King County cities have had regarding filing of cases and lack thereof. Deputy Mayor Report Deputy Mayor Honda reported on the City Council Retreat and overviewed what took place including the development of new vision statement and goals. She spoke regarding the council vacancy and wished Representative Johnson the best. 4. CITIZEN COMMENT Dana Hallawa shared what she considers the top five issues are facing Federal Way. Joycelyn Thornas voiced her concerns around recent gun violence in the Federal Way area and how it has impacted her. Toni Porter shared that her daughter was a recent victim of gun violence. She also stated her disappointment with the lack of charges against the shooter and the City's response to such crimes. Craig Patrick requested the City Council adopt a 10 -year moratorium on cannabis retailers. Susan Musolino reported on a breeding operation in her neighborhood; she provided her written comments and concerns to the Council. Anna Patrick requested Council be mindful when making the selection to fill the vacant Council seat. Gary Grant shared his frustration regarding placement of signs in his neighborhood and the disconnect in communication from the City. Sai Samineni followed up to her comments made at the January 21 City Council Meeting regarding the needed funding for youth shelters. Lyn Idahosa-Seng spoke to several areas of concern including the annual homeless count, FUSION, Federal Way City Council Regular Minutes Page 3 of 6 February 4, 2020 and the permit issues with the school district. Allison Fine Taylor was offended by some of the statements made at the Council Retreat by both citizens and councilmembers. 5. CONSENT AGENDA a. Minutes: January 21 Regular and Special Meeting Minutes b. T -Mobile West, LLC Site Lease Agreement — Panther Lake c. Replacement of PW Bucket Truck d. Vouchers - November 2019 e. Vouchers - December 2019 f. Monthly Financial Report - November 2019 g. Preliminary Monthly Financial Report - December 2019 h. Resolution: Inter -Fund Loan for CDBG/APPROVED RESOLUTION #20-779 DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH H ON THE CONSENT AGENDA; COUNCILMEMBER TRAN SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Tran yes 6. COUNCIL BUSINESS Councilmember Koppang yes Councilmember Moore yes Councilmember Kochmar yes a. Transportation Grant Funding Applications City Traffic Engineer Rick Perez presented background information related to the three grant applications. He outlined each project and provided information including estimated project costs, possible grant funds, and estimated required city match. The projects include: • Southwest King County Regional Bide and Pedestrian Plan • City Safety Program — Systemic/Citywide — Pedestrian Crossing Enhancements • City Safety Program — Spot Location (SR 99 @ S 373rd Street Roundabout) Councilmembers support the proposed public works projects and asked regarding the success of high speed roundabouts; Mr. Perez provided examples.. Questions were also addressed regarding the increaseinf the number of semi -trucks on Pacific Highway South. Mr. Perez believes the extension of State Route 167 will likely re-route many of the trucks off of Pacific Highway South. COUNCILMEMBER KOPPANG MOVED TO AUTHORIZE STAFF TO SUBMIT THE PROPOSED GRANT APPLICATIONS FOR TRANSPORTATION PROJECTS; COUNCILMEMBER ASSEFA- DAWSON SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Tran yes Councilmember Kochmar yes Federal Way City Council Regular Minutes Page 4 of 6 February 4, 2020 7. ORDINANCES First Reading a. Council Bill #774 Ordinance related to the Creation of an Information Technology Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF AN INFORMATION TECHNOLOGY DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.16 TO TITLE 2. (AMENDING ORDINANCE NOS. 14-766 AND 10-666) City Attorney Ryan Call provided a brief staff report of the history of the Information Technology Division and the proposed new chapter to the Federal Way Revised Code (FWRC). Mayor Ferrell reiterated that due to the workload, importance, and budgeting level of the Information Technology Division; this change should be made. Council discussed the changes and questioned the impact it will have on the budget. Mr. Calls stated there will be an increase in the salary for the director but does not anticipate an additional impacts under the current budget. He did indicate there may be future requests as the department expands. No citizen comments were received. Deputy City Clerk Jennifer Marshall read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE FEBRUARY 18, 2020 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Koppang yes Councilmember Moore yes Councilmember Kochmar yes CouncilmemberAssefa-Dawson attended the Highline Forum during which many cities shared their legislative agendas: she was interested to note commonality of requests. She was in Olympia on January 29 with students from the LatinX Club; she was impressed with the preparation of these high school students when they spoke with Representative Johnson and Senator Claire Wilson. Councilmember Tran provided no report. Councilmember Koppang applauded the citizen engagement in the community in general and highlighted the current efforts of Parks Pals with the French Lake Park. He reported on a trip to the City of Lakewood with Policy Advisor Bill Vadino where they learned how they are addressing aggressive panhandling and other issues. Councilmember Moore indicated he is glad to be moving forward on addressing panhandling issues and appreciated the discussion during the Land Use/Transportation Committee Meeting. He reflected on the Council Retreat and was pleased with the clear goals established during the Council Retreat. Councilmember Kochmar spoke regarding her past experiences with aggressive panhandling. She shared the strategy she is working to implement in order to address the goals assigned to the Parks, Recreation, Human Services, Public Safety Committee during the Council Retreat. Federal Way City Council Regular Minutes Page S of 6 February 4, 2020 Deputy Mayor Honda thanked the Korean Community for their appreciation lunch and reported she recently chaperoned the Junior ROTC Ball. She participated in the Point in Time Count and shared concerns with the process and would like to see it improved in order to have a better idea of who is homeless and their needs. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:37 p.m. Attest: Jennifer Marshall Deputy City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 February 4, 2020 COUNCIL MEETING DATE: 2/18/2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DSHS RESPITE CARE IN COMMUNITY SETTINGS POLICY QUESTION: Should council accept the respite care in community settings contract as currently written? COMMITTEE: PRHSC MEETING DATE: 2/11/2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Hutchinson DEPT: Parks Attachments: 1. Interlocal Agreement- Respite in Community Settings Options Considered: 1. Approve the Respite in Community Settings contract and forward to the February 4th, 2020 full City Council consent agenda for approval. 2. Do not approve the Respite in Community Settings contract, and provide direction to staff. MAYOR'S RECOMM MAYOR APPROVAL: N: Option 1 u %DIRECTOR APPROVAL: C mince Councilo U lnihal Initial/Date In tis ate U -T COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " CommijLej Chair Committe Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 1 _sina asr F, INTERLOCAL AGREEMENT DSHS Agreement Number: V '; entorsocial 2064-72023 7 I� st!Nice's Respite in Community Settings This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chapter 1117780 01 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federal Way City of Federal Way CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER (UBI) 33325 8th Ave S Federal Way, WA 98063-9718 601-223-538 70364 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson (253) 835-6927 (253) 835-6929 kevin.hutchinson@cityoffede ralwa .com DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Developmental Disabilities Division of Developmental Disabilities 1803LP-64 Admin DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Gina M. Thomas 840 N Broadway 540 Contract Specialist Everett, WA 98201 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS (425)740-6443 (425)252-1364 Thomagm@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CFDA NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 04/01/2020 03/31/2023 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibits (specify): A - DDA Policies & Agreements ❑ No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Kevin Hutchinson DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Joseph F. Carter, Regional Operations Manager DDA DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 1 DSHS General Terms and Conditions Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "CCLS Chief' means the manager, or successor, of Central Contracts and Legal Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a "key;" a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. r. "Personal Information" means 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. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. "RCW" means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 2 DSHS General Terms and Conditions m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 3 DSHS General Terms and Conditions Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient. (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 4 DSHS General Terms and Conditions d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. 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 Superior Court for Thurston County. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, 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. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 5 DSHS General Terms and Conditions 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Interlocal Agreements: 17. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 6 DSHS General Terms and Conditions at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. 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, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 7 DSHS General Terms and Conditions this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to httrl-. floi[ . cv/aE-.w, 1Yi.<for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 8 DSHS General Terms and Conditions 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 9 Special Terms and Conditions Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance" means help provided to a Client for the purpose of aiding him/her in the performance of tasks. b. "Authorized" means DDA Case Resource Manager, or Social Worker approval of funding for services as evidenced by a social service authorization in ProviderOne. c. "Case Resource Manager (CRM)" means the DSHS or DDA worker assigned to a Client. d. "Client" means an individual whom DSHS has determined eligible to receive DDA services. e. "Culturally Appropriate" means responsive to a Client's cultural beliefs and values, ethnic norms, language needs, religion, and individual differences. f. "DDA" means the Developmental Disabilities Administration within DSHS. g. "Family" means a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, including such relatives when related through adoption or marriage or registered domestic partnership. h. "Nurse Delegation" means: (1) Services in compliance with WAC 246-840-910 through 246-840-970 by a registered nurse to provide training and nursing management for nursing assistants who perform delegated nursing tasks. (2) Delegated nursing tasks include, but are not limited to, administration of non -injectable medications, except for insulin, blood glucose testing, and tube feedings. (3) Services include the initial visit, care planning, competency testing of the nursing assistant, consent of the Client, additional instruction, and supervisory visits. (4) Clients who receive nurse delegation services must be considered "stable and predictable" by the delegated nurse. i. "Personal care services" means those specific services under WAC 388-106 provided to DSHS Clients. j. "Physical Assistance" means the provision of hands-on assistance for any task necessary. k. "Positive Behavior Support Plan" means a written plan developed to implement strategies to relate to others and direct interventions to decrease challenging behaviors. 1. "Positive Behavior Support Principles" means addressing a challenging behavior that focuses on changing the physical and interpersonal environment and increasing a person's skills so that the person is able to get their needs met without having to resort to a challenging behavior. m. "Primary Caregiver(s)" or "Caregiver" means the person who provides the majority of your care and supervision. n. "Protective Supervision" means supervision to ensure the safety and well-being of a Client, DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 10 Special Terms and Conditions exclusive of those responsibilities that should be assumed by a legal representative. o. "Respite Care" means short-term, intermittent relief for persons who live with and provide care for individuals with developmental and intellectual disabilities on either an emergency or a planned basis. p. "Service Plan" means the Person -Centered Service Plan or Individual Support Plan, which is a written plan for long-term care service delivery, which identifies ways to meet the Client's needs with the most appropriate services or supports as, described under chapter WAC 388-828. q. "Transportation Services" means the process of transporting and accompanying a Client from one location to another in accordance with the client's needs. r. "Unsupervised access" means: (1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and (2) Neither a qualified employee, contract employee, volunteer, nor student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present. 2. Purpose. The purpose of this Contract is to provide short-term intermittent respite care in order to provide relief for primary caregivers as described under chapter 388-845 WAC. Respite Care can be provided in Community Centers, Senior Centers, Parks and Recreation Departments, and Summer Programs. 3. Licenses, Registrations, and Certifications. a. The Contractor is required to follow all laws, rules, and policies applicable to their license, registration, and/or certification. b. The Contractor shall meet the training requirements associated with their license, registration, and/or certification. c. When licensing, certification, and contract requirements differ, the Contractor shall meet the highest standard. d. In the event that any required license of the Contractor is revoked or expired, this Contract shall be suspended, without the necessity of written notice by DSHS, as of the effective date of revocation or the actual date of expiration. In the case of license revocation, this Contract shall then be terminated in accordance with the terms of this Contract, and such termination shall be effective on the effective date of the license revocation. e. The provision of Respite Care services cannot result in the licensed provider exceeding their licensed capacity. 4. General Requirements. a. DSHS shall request services from the Contractor on an as needed basis. This Contract does not obligate DSHS to authorize services to the Contractor. b. Respite Care provided under the terms of this Contract must be pre -approved in writing by DSHS in accordance with the Client's Service Plan, and shall be provided in a manner that is culturally DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 11 Special Terms and Conditions appropriate for the Client and the Client's family. c. All services shall be provided in a manner consistent with the published rules and policies of DSHS and within the scope of acceptable practice as determined by DSHS. d. The Contractor must emphasize Positive Behavior Support Principles in the provision of all services to Clients. Positive Behavior Support is based on respect, dignity, and personal choice. 5. Contractor Qualifications. The Contractor must. a. Be licensed by the State of Washington as a business under chapter 19.02 RCW and shall meet or exceed the minimum licensing requirements under chapter 458-02 WAC. b. Contractors shall hold all appropriate endorsements, licenses and certifications in addition to Washington State Business license as applicable to their business operation. c. Contractors outside of Washington State must maintain equivalent licensure or certification requirements as paragraph a. and b. above according to their states' requirements for business operation. d. Publish on a publically accessible website the services offered by the contractor and make publically accessible the services offered by the contractor. The contractor's website must include - (1) The identified number of service hours being provided in the program/class/event including days/date and start and end time; (2) Activities that will occur during program/class/event; and (3) The rate schedule for the program/class/event- e. The Contractor shall ensure that they or their employees possess the following minimum qualifications: (1) Meet minimum age requirements as required by license, certification or rule; (2) Possess the following minimum standards of knowledge and experience: (a) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindness and caring to the Client; (b) Knowledge of when and how to contact the Client's legal representative and the Client's CRM; (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the Client's written Service Plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 12 Special Terms and Conditions f. The Contractor shall ensure that employees and volunteers: (1) Understand specific directions for providing the care that an individual Client requires; (2) Meet the need of the client as identified in the Service Plan; (3) Provide services within the scope of practice for their profession/skill level; (4) Observe the Client for change in health status, including weakness, confusion, and loss of appetite; (5) Identify problem situations and take appropriate action; (6) Respond to emergencies without direct supervision; and (7) Respect and consider the Client's individual differences and preferences when performing routine tasks in a culturally appropriate manner, as described in the DDA Guiding Values. g. The Contractor shall cooperate with DSHS in the evaluation of the Contractor's performance under the terms of this Contract including the following: (1) Follow-up contact with Clients, their families, legal representatives or primary caregivers regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in ProviderOne. 6. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Obtain information about the Client's identified needs and care requirements, and ensure that the Client's needs are met while providing services. This includes following the guidance of any written plans for Client support such as the Service Plan, Nurse Delegation assessment or Positive Behavior Support Plan. b. Contact the Client's CRM if the Contractor has not heard from the Client or the Client's primary caregiver within seven (7) days of the Contractor's receipt of the service authorization. c. Make arrangements with the primary caregiver for emergency medical treatment should this become a necessity. d. Deliver Respite Care in a manner consistent with WAC 388-845-1600 through 1620 and DDA Policies. See Exhibit A, DDA Policies & Agreements. e. Provide all support needs as identified in the Service Plan including personal care, physical assistance, support and protective supervision to the Client in daily routine activities and to prevent injury to him or herself and to others. f. Maintain transportation records to document the dates, times, destinations, and distances of each Client's transportation services. Upon request, the Contractor shall make the records available to DSHS or DSHS/designee for review and audit. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 13 Special Terms and Conditions g. Maintain sufficient vehicle and passenger insurance coverage and current driver's license in accordance with chapter 308-104 and 308-106 WAC. h. Operate and maintain the transportation vehicle(s) in a manner consistent with protecting and promoting the Client's health and welfare. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this Contract. 7. Parks and Recreation Department. Parks and Recreation Department contractors are required to comply with the following additional terms: a. Parks and Recreation Departments are city, county or other publically operated parks and recreation department for the purpose of providing leisure time activities and facilities and recreational facilities, of a nonprofit nature as a public service as defined under RCW 36.69.010. b. Meet the definition of a park and recreation district under RCW 36.68 and RCW 36.69. c. Obtain all required licenses, permits or certifications applicable to the program operated by the Parks and Recreation Department. 8. Additional Client Rights: a. In compliance with Title VI of the Civil Rights Act of 1964, and under RCW 2.42.010, RCW 2.43.010, and RCW 49.60.010, the Contractor shall ensure that Limited English Proficient (LEP) Clients have access to a certified, or, if non -certifiable language, to an otherwise qualified language interpreter, who has successfully passed the DSHS language test. The Contractor shall also ensure that DSHS Clients have access to documents translated into the Client's primary language. To request a qualified interpreter, you must register at ,�,. r- 1 r r- - - — retic V or email lir. i li ;, : For additional information, visit their ' r FAQs page. b. In compliance with the Americans with Disabilities Act (ADA) of 1990, under RCW 2.42.010 and RCW 49.60.010, the Contractor shall ensure that deaf, deaf -blind, or hard of hearing Clients have access to the services of an interpreter certified by the National Association of the Deaf (NAD) as a Sign Language Interpreter, or a qualified interpreter having a Registry of Interpreters for the Deaf (RID). 9. Duty to Report Suspected Abuse, Abandonment, Neglect or Financial Exploitation. The Contractor and its employees must immediately report all instances of suspected abandonment, abuse, financial exploitation or neglect of a vulnerable adult under RCW 74.34.035 or a child under RCW 26.44.030.The report shall be made to the Department's current state abuse hotline, 1-866-363-4276 (END -HARM). The Contractor must also report all suspected instances to the Client's case manager. If DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 14 Special Terms and Conditions the notice to the Client's case manager was verbal then it must be followed up by written notification within one business day. Further, when required by RCW 74.34.035, the Contractor and the Contractor's employees must immediately make a report to the appropriate law enforcement agency. 10. Significant Change in Client's Condition. The Contractor agrees to report any significant change in the Client's condition within twenty-four (24) hours to the Client's Case Manager. 11. Death of Clients. The Contractor shall report all deaths of DSHS Clients receiving services under this Contract to the Client's case manager within one hour upon notification of the death. The Contractor shall follow up with written notification of the Client's death to the Client's case manager within one business day. 12. Provider Screenings. a. The State must ensure the Department does not pay federal funds to excluded persons or entities. States are also required to check for the death of an individual provider, agency owner or authorized official prior to contracting. The required ownership and control information for individuals with ownership interest of five percent (5%) or more, officers and managing employees will be obtained from the Medicaid Provider Disclosure Statement and checked against all required federal exclusion lists, and the Social Security Death Master List, prior to finalizing a contract. b. The Contractor will report any change in ownership, managing employees, and/or those with a controlling interest to the Department within thirty-five (35) days of such a change so that these individuals can be screened against the required federal exclusion lists as well as the Social Security Death Master List. For detailed instructions, please refer to the Medicaid Provider Disclosure Statement. 13. Duty to Disclose Business Transactions. a. Under 42 CFR 455.104, the Contractor is required to provide disclosures from individuals with ownership interest, managing employees, and those with a controlling interest. The State must obtain certain disclosures from providers and complete screenings to ensure the State does not pay federal funds to excluded person or entities. Contractor must complete and submit a Medicaid Provider Disclosure Statement, DSHS Form 27-094. According to 42 CFR 455.104(c) (1), disclosures must be provided: (1) When the prospective Contractor submits their initial application; (2) When the prospective Contractor signs the contract; (3) Upon request of the Department at contract revalidation/renewal; (4) Within thirty-five (35) days after any change in ownership of the Contractor entity. b. Failure to submit the requested information may cause the Department to refuse to enter into an agreement or contract with the Contractor or to terminate existing agreements. The State will recover any payments made to a disclosing entity that fails to disclose ownership or control information, as required by 42 CFR 455.104. c. Under 42 CFR 455.105(b), within thirty-five (35) days of the date of a request by the Secretary of the U.S. Department of Health and Human Services or DSHS, the Contractor must submit full and complete information related to Contractor's business transactions that include: DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 15 Special Terms and Conditions (1) The ownership of any subcontractor with whom the Contractor has had business transactions totaling more than $25,000 during the twelve (12) month period ending on the date of the request; and (2) Any significant business transactions between the Contractor and any wholly owned supplier, or between the Contractor and any subcontractor, during the five (5) year period ending on the date of the request. d. Failure to comply with requests made under this term may result in denial of payments until the requested information is disclosed. See 42 CFR 455.105(c). 14. Background Check. The signatory for this contract agrees to undergo and successfully complete a DSHS criminal history background check conducted by DSHS every three years or more often as required by program rule or as otherwise stated in the contract, and as required under RCW 43.20A.710, RCW 43.43.830 through 43.43.842. If the Contractor has owners, administrators, subcontractors, employees or volunteers who may have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor shall require those owners, administrators, subcontractors, employees or volunteers to successfully complete a criminal history background check prior to any unsupervised access and at least every three years thereafter or more often if required by program rule or as otherwise stated in the contract. The Contractor must maintain documentation of successful completion of required background checks. 15. False Claims Act Education Compliance. Federal law requires any entity receiving annual Medicaid payments of five (5) million or more to provide education regarding federal and state false claims laws for all of its employees, contractors and/or agents. If Contractor receives at least five (5) million or more in annual Medicaid payments under one or more provider identification number(s), the Contractor is required to establish and adopt written policies for all employees, including management, and any contractor or agent of the entity, including detailed information about both the federal and state False Claims Acts and other applicable provisions of Section 1902(a)(68) of the Social Security Act. The law requires the following: Contractor must establish written policies to include detailed information about the False Claims Act, including references to the Washington State False Claims Act; a. Policies regarding the handling and protection of whistleblowers; b. Policies and procedures for detecting and preventing fraud, waste, and abuse; c. Policies and procedures must be included in an existing employee handbook or policy manual, but there is no requirement to create an employee handbook if none already exists. 16. Bribes and Kickbacks. Federal law stipulates that Medicaid participants be offered free choice among qualified providers, therefore any exclusive relationship between the Contractor and any other Medicaid service is prohibited. 17. State or Federal Audit Requests. The Contractor is required to respond to State or Federal audit requests for records or documentation, within the timeframe provided by the requestor. The Contractor must provide all records requested to either State or Federal agency staff or their designees. 18. Drug -Free Workplace. The Contractor agrees he or she and all employees or volunteers shall not use or be under the influence of alcohol, marijuana, illegal drugs, and/or any substances that impact the Contractor's ability to perform duties under this Contract. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 16 Special Terms and Conditions 19. Execution and Waiver. This Contract shall be binding on DSHS only upon signature by DSHS with an Authorized Countersignature. Only the Contracting Officer or the Contracting Officer's designee has authority to waive any provision of this Contract on behalf of DSHS. 20. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. DSHS shall pay the Contractor at the published rate, for services provided under this contract. The Contractor hereby waives written notice of subsequent rate changes. Subsequent rate changes will not require a revised Contract and are not disputable. Current rates are published at: h[i�f`lww.dshs.wa.p, ,' -"il _ j; jl'•.,:, fi - 1 I:l '._' 'fi "ii. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. DSHS will pay the contractor at an established rate in 15 -minute intervals. The Contractor will be reimbursed up to the Contractor's published rate for services provided unless that rate exceeds the equivalent of 15 minute intervals of service the client received. c. Transportation services must be written in the client's Service Plan. Mileage shall be paid at current State of Washington rates, as published by the Office of Financial Management, for miles driven while transporting one Client to a waiver service. Transportation is to and from the respite service and must be provided in accordance with WAC chapter 388-845. d. Transportation as a component of the Respite in Community Settings service must be included in the total published rate. e. Administrative functions, such as record keeping, travel to work site, billing, and report development are not billable as separate services but are included in the established rate schedule f. DSHS shall not pay the Contractor separately for the cost of other expenses such as equipment rental, meals and snacks for all day activities this must be rolled into the cost of the service. 21. Billing and Payment. a. The Contractor shall bill for authorized services using the ProviderOne Payment system, which is the state of Washington's Medicaid management system. b. Billing instructions are located at htt s://www.hca.wa ©v/bjllers- roviders- partnerslproviderone1prcviderone-ttillifig-and-resource-cIujde c. The Contractor agrees to accept this payment as total and complete remuneration for services provided under this Contract to DSHS Clients. DSHS clients cannot be billed fees beyond the hourly contracted rate for the service Respite in Community Settings. d. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when Clients are not seen or served by the Contractor. e. Only DSHS shall have the authority to authorize services under this Contract. f. Respite care is a service authorized in 15 minute increments. DSHS shall not pay for more respite units than is received by the client. Client can pay for services provided that exceed waiver allotment as long as it does not surpass the contracted rate. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 17 Special Terms and Conditions g. DSHS shall only reimburse or pay for services which are authorized and within the scope of respite services. h. The contractor shall provide invoices or documentation of the dates of service, duration of time and total cost prior to service being provided. The CRM will create an authorization in CARE in "reviewing" status. After confirmation that the service is completed appropriately, the CRM will change the status of the authorization to "approved" which will allow the authorization to be claimed. i. The contractor shall provide invoices after service provided, as requested by DSHS If DSHS pays the Contractor for services authorized but not provided by the Contractor, the amount paid shall be considered an overpayment. k. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. Payment shall be considered timely if made by DSHS within thirty (30) days Payment shall be sent to the address designated by Contractor. DSHS may, at its discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 22. Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self-insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 18 Exhibit A DDA Policies & Agreements Policies The following DDA Policies are hereby incorporated as Contractor Requirements. 5.06 Client Rights _ 5.13 Protection from Abuse: Mandatmy Reporting 5.14 Positive Behavior Support Principles .......... 5.19 Positive Behavior Support for Children & Youth 6.15 Nurse Delegation Services Policies can be located at litti)s://www.dshs.wa.clovlcida/policies-Lijid-i�t.ilesir)oiicy-iiiaiitial. In the event DSHS updates or changes these policies, the revised policy/policies will be incorporated into this Contract without the requirement of an amendment. DDA Guiding Values: The DDA Guiding Values can be located at: https llvnrLry (]Slls +vv;,�i")V/Sites/default/files/DDA/dda/documents/DDA%2CGtiiciin(!'�,`,,2OValues�,')�Oaool I ®tom Disability Rights of Washington (DRW) Agreement: The following access agreement is regarding "Disability Rights of Washington (DRW) rights and responsibilities. The agreement can be located at: ilia).. /lw,,%-.d las 2 ) ov/s i ue s-fij_`.:tilt/files/DCr ..ldcc Iclocu--iefit s/V\lFIA, S..df. *Note: WPAS has changed its name to "Disability Rights of Washington (DRW)" and DDD has changed its name to "Developmental Disabilities Administration (DDA) DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 19 COUNCIL MEETING DATE: 4'amr rpm} 020 ITEM #: 5c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020 PARKS AND RECREATION COMMISSION WORK PLAN POLICY QUESTION: Should the Council approve the 2020 Parks and Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: b+V26 2-/ / `1 / 7- O ZJ CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business [I Resolution ❑ Other STAFF REPORT BY: John Hutton, Parks Director DEPT: Parks Background: The Parks and Recreation Commission discussed their 2020 Work Plan during their December Commission meeting and voted to forward to the Council their proposed Work Plan for approval. Attachment: 2020 Parks and Recreation Commission Work Plan. Options Considered: 1. Approve the proposed Parks and Recreation Commission 2020 Work Plan. 2. Do not approve the proposed 2020 Work Plan and provide direction to staff. MAYOR'S RECOMMI;N ION: Option 1 MAYOR APPROVAL,: DIRECTOR APPROVAL: -f! z ! Initial/Rite COMMITTEE RECOMMENDATION: I move to forward option I to the Ammu r -'f-1. 2020 full Council consent agenda for approval. I$ l v Committee' Chair /I CommittAMember Committee Member PROPOS F1) COUNCIL MOTION: "I move approval of the 2020 Parks and Recreation Commission Work Plan " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2016 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FedeikAlay Parks & Recreation Commission 2020 Work Plan Project Summary/Objectives Commission Tasks 1. Monitor and participate in playground Annual Playground Equipment Im rovement of playground equipment in existing replacements at Mirror Lake. Replacement parks appropriate for the neighborhood When I Status 1 St & 3' qtr. Develop partnerships with surrounding 1. Commissioners to help organize and support 1St —4 th Neighborhood Parks neighborhoods to enhance, enliven, and improve neighborhood work parties and work with them to qtr. their parks foster improvements 1. Identify and sponsor scheduled volunteer's Support volunteer events in City Parks in activities. lu 2. Recruit volunteers. 1St — 3rd 2020 Volunteer Events conjunction with Parks Appreciation Day in April. 3. Volunteer events. qtr. Serve Day in Oct. 4. Booth @ RWB Festival I 1. Review existing Park Code and other jurisdictions code. Finalize Park Code Updates Update/amend Park Code 4.05 2. Work through edits, additions and subtractions of 1St qtr. document 3. Forward recommended amendments to be adopted via ordinance with comprehensive plan. 1. Participate in process to develop the scope of the As Master Plan - Steel Lake Park Master Plan Steel Lake Park Property Master Plan process. Funding Available 1. Participate in process to develop the scope of the As Master Plan - Brooklake CC Master Plan Brooklake Property Master Plan process. Funding Available 1. Continue pursuing/identifying funding options As Master Plan - Lakota Park Upgrade Park amenities 2. Strategize on how to get FW SchoolBoard Funding to partner in funding project 1. Brain storm session Available Develop Prioritization Matrix Develop a system with criteria to rank commission 2. Sub -Committee? 1St — 4th business 3. Recommendation qtr. 4. Determine Costs Develop partnerships with surrounding 1. Commissioners to help organize and support 1St —4 th Neighborhood Parks neighborhoods to enhance, enliven, and improve neighborhood work parties and work with them to qtr. their parks foster improvements COUNCIL MEETING DATE: Jrp 2i, 2020 ITEM #:--5d— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS PROPERTY TAX LEVY AGREEMENT POLICY QUESTION: Should the City accept a 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement? COMMITTEE: PRHSPS Committee MEETING DATE: Jftn=7-1-4, 2020 CATEGORY: Few'"^`'` j ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks Attachment: KC Parks Levy memo Options Considered: 1. Authorize to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. 2. Do not authorize the voter approved King County Proposition Parks Levy and provide direction to staff. -- MAYOR'S Rr(oN1-NIE;NU, 01)tIOn 1 MAYOR APPROVAL: DIRECTOR APPROVAL: a �4 �f tl[li Its r y .l f � ��I: [1ti11 CL13S P133iRi'ti f/ COMMITTEE RECOMMENDATION: I move to forward option 1 to the 2020 City Council consent agenda for approval. �Gbrwk.� 1 % Committee Vhair Committee a ber- — Committee Member PROPOSED COUNCIL MOTION: v PROPOSED COUNCIL MOTION: "I move to accept the 2019 voter approved King County Proposition Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CIYY OF eral Way Parks and Facilities Division Date: Dec 12, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John R Hutton., Director of Parks. From: Stephen Ikerd., Deputy Director of Parks Subject: Parks Property Tax Levy Agreement Background: A King County Motion was made and passed 4/17/19 related to the property tax levy for 2020 through 2025 for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County; funding environmental education, maintenance and conservation programs at the Woodland Park Zoo; funding capital construction at the Seattle Aquarium; and funding for capital improvements at publicly owned pools, for all King County residents. A King County ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 6, 2019, of a proposition authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a period of six consecutive years, at a total rate of not more than $0.1832 per one thousand dollars of assessed valuation in the first year and limiting annual levy increases by the King County inflation plus population index published by the King County office of economic and financial analysis, or the chapter 84.55 RCW limitation, whichever is greater in years two through six for the purpose of maintaining and operating King County's open space system; improving parks, recreation, access and mobility in the King County open space system by acquiring lands and continuing to develop regional trails; improving parks and trails in and acquiring lands by metropolitan parks districts, towns and cities in King County passed on 4/17/19 Voters approved the above Parks property tax levy August 2019. Action: City of Federal Way City Council approval to accept the voter approved King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. Recommendation: Staff recommends accepting the voter approved 2020-2025 King County Parks Levy and authorize the Mayor to sign the Parks Property Tax Levy Agreement. F k� l 8 COUNCIL MEETING DATE: =1, 2020 ITEM #:_ 5e _- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept the Saghalie soccer field replacement work as complete and authorize staff to release FieldTurf USA Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: Iauua13� 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks History: The City worked with FieldTurf USA to replace the artificial turf on the Saghalie soccer field in the amount of $719,408.64. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Options Considered: 1. Accept the replacement of the artificial turf on the Saghalie soccer field as complete and release $32,700.39 retainage to FieldTurf USA. 2. Do not accept the work as complete, and provide direction to staff. MAYOR'S Ri-,coNnicND,,ION: Option k -r MAYOR APPROVAL.419 DIRECTOR I'PROVAL:�- '` L/sem /� ` amr e Cr Uh11ornn,¢co__ COMMITTEE RECOMMENDATION: I move to forward option I to the .hTmr=2I, 2020 City Council consent agenda for approval. ;fr,. ,- ISS ommittee Chair Committee Committee Member PROPOSED COUNCIL MOTION: "I move ?'o accept the vkrk of the artificial turf replacement on the Saghalie soccer field as complete and authorize staff to release retainage in the amount of $32,700.39 to FieldTurf USA. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: —5f— SUBJECT: VALLEY SWAT INTERLOCAL AGREEMENT ADDENDUM POLICY QUESTION: Should the City sign the Valley SWAT interlocal agreement addendum that adds the city of Des Moines into the agreement? COMMITTEE: PRHS&PSC MEETING DATE: Feb. 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jones DEPT: PD Attachments: • PRHS&PSC Memo • Addendum to the VSWAT Interlocal Cooperative Agreement Options Considered: 1. Accept the interlocal agreement addendum to admit the City of Des Moines. 2. Reject the interlocal agreement addendum to admit the City of Des Moines MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL:k ' l.3 ��DIRECTOR APPROVAL: f Isso !.'onunillec C�eun lnitiallllate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed VSWAT interlocal agreement addendum to the February 18, 2020 consent agenda for approval. Committee Chair Committee /Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the VSWAT interlocal agreement addendum as presented and authorize the Mayor to sign said agreement. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 11, 2020 TO: PRHS&PSC committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley SWAT interlocal agreement addendum Financial l iiiiacts: There is no financial impact to the City for this interlocal agreement addendum. Backgro id Information: In 2010 the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle established an interlocal agreement (ILA) to maintain a multijurisdictional SWAT team to respond to high-risk criminal situations. The City of Des Moines was not part of the ILA in 2010 but they have now petitioned to join. The ILA specified that future admission to the team must be accomplished through an addendum to the ILA. The police executive board has given unanimous approval for Des Moines to join. Except to adding Des Moines to the ILA, nothing else is changed and the ILA remains in full force and effect. Rev. 7/18 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. I Valley Special Weapons and Tactics Team Interlocal Agreement Addendum I Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Date City Attorney, City of Renton Date Mayor, City of Renton Date City Clerk, City of Renton Mayor, City of Tukwila Date City Attorney, City of Tukwila Date Date City Clerk, City of Tukwila Date City Attorney, City of Kent Date Mayor, City of Kent Date City Clerk, City of Kent Date Mayor, City of Federal Way City Attorney, Federal Way Date Date City Clerk, City of Federal Way Date City Attorney, City of Des Moines City Manager, City of Des Moines Date Date City Clerk, City of Des Moines 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum I Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 CITY ATTORNEY'S 10/08/2019 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , WASHINGTON, approving and adopting Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, admitting the City of Des Moines as a member of the Valley Special Weapons and Tactics (SWAT) Team. WHEREAS, in 2010, the Municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi -jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the SWAT Executive Board for membership and has received unanimous approval subject to approval of Addendum 1 to the ILA, and WHEREAS, upon approval and execution of this Addendum 1 to the ILA, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement, and WHEREAS, the City Council finds that approving and adopting Addendum 1 to the ILA and admitting the City of Des Moines as a member of the Valley SWAT Team is in the best public interest; now therefore, THE CITY COUNCIL OF THE CITY OF FOLLOWS: RESOLVES AS Sec. 1. Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special weapons and Tactics Team, attached as Exhibit "A", is hereby approved and adopted. Resolution No. Page 2 of 2 Sec. 2. The (City Manager/Mayor) is hereby authorized and directed to execute Addendum 1, substantially in the form attached hereto. ADOPTED BY the City signed in 2019. Washington this authentication thereof APPROVED AS TO FORM: City Attorney ATTEST: City Clerk Council of the City of day of , 2019 and this day of , M A Y O R .... ...................... ........ _... __ ............ .................. i I,. COUNCIL MEETING DATE: February 18, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: NEW ALLOCATION MOU'S FOR FY17, FY18, AND FY19 JAG AWARD POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the new JAG Grant Allocation MOD's for FY17, FY18 and FY19? COMMITTEE: PRHS&PSC CATEGORY: ® Consent ❑ City Council Business MEETING DATE: February 11, 2020 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Diane Shines, Civilian Operations Manager DEPT: Police Department Attachments: 1. Staff Report 2. FY2017 MOU 3. FY2018 MOU 4. FY2019 MOU 5. Reallocate Bellevue to Seattle (FY17 only) Options Considered: 1. Approve the proposed JAG FY17, FY18, and FY19 MOD's. 2. Do not approve rp oposed JAG FY17, FY18 and FYI9MOU's MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ommitt a 'mmcii Initial/Date Initial/Date i DIRECTOR APPROVAL'.,—' �= T f /2 COMMITTEE RECOMMENDATION: I move to forward the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOU's to the February 18, 2020 consent agenda for approval. / Comil ttee Chair Comnw i, � it t7er Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed JAG Grant FY17, FY18 and FY19 New Allocation MOU's and authorize the Mayor to sign. " (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: February 11, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FYI 7/18/19 JAG Allocation MOD's The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. The City of Bellevue has declined JAG funding for fiscal years FYI 7, FYI 8, and FYI 9. The City of Federal Way, Federal Way Police Department has executed FYI MOU with budget, scope of work and agreements, and does not wish to further delay funding. For FY17 only, Seattle will maintain the entire award ($14,555). Doing so would mean that Seattle absorb the funds and incur the delays associated with the additional approvals for a budget/narrative from DOJ. The City of Federal Way, Federal Way Police Department original funding will be maintained. For FYI and FY 19, a percentage of JAG funds will be reallocated to each partner agency. In order to accept and process awards, the DOJ requires new MOU's, and a signed letter to reallocate Bellevue funds to Seattle for FYI JAG cycle only. Rev. 7/18 CITY OF Federal Way Mr. Jeffrey Felton -Green State Policy Advisor US Department of Justice, Office of Justice Programs 810 7th Street NW Washington, DC 20531 December 6, 2019 Dear Mr. Felton -Green: FEDERAL WAY POLICE DEPARTMENT 333258 TH Avenue South Federal Way, WA 98003 253 835-6700 www. cit yoffederalwalll.com Jim Ferrell, Mayor Andy J. Hwang, Chief of Police The City of Federal Way, a disparate agency awarded FY17 JAG funds, understand that City of Bellevue, another disparate agency in our group, has declined to receive funding for FY17, FY18 and FY19. The City of Federal Way officially allocates the funds which would be distributed to us, from City of Bellevue, to City of Seattle for the FY17 JAG cycle. The City of Federal Way, understanding that City of Bellevue declines funding in FY18 and FY19 JAG, accepts additional allocations by percentage from the declined funds. Sincerely, ' Jim Ferrell, Mayor Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2017 Edward Byrne Memorial Justice Assistance Grant — 2017 -DJ -BX -0496 I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • Citv of Bellevue- declines and is allocated in its entirety to Seattle for this Rrant. • City of Burien • Des Moines • City of Federal Way • City of Kent • King County • City of Renton • City of SeaTac City of Seattle City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee for these services. Page 1 of 3 The allocation of funding is as follows: Auburn $30,568 Bellevue Bu rien $0 $21,078 Des Moines $11,122 Federal Way $34,331 Kent $33,998 King County $201,131 Renton $26,140 SeaTac $17,415 Seattle $266,275 Tukwila $15,917 Total Allocation $657,975 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. Page 2 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page Jurisdiction: "I—J-041ee Signature: Name R. Title: j Page 3 of 3 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2018 Edward Byrne Memorial Justice Assistance Grant— 2018 -DJ -BX -0200. I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue - declined • City of Burien • Des Moines • City of Federal Way City of Kent • King County • City of Renton City of SeaTac ® City of Seattle ® City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3% administrative fee to all sub -recipients for these services. Page 1 of 3 Allocation of the declined Bellevue funds has been made along the percentages that DOJ allocated each agency their JAG funds. The allocation of funding is as follows: Auburn $32,186.32 0 Bu rien $23,787.67 Des Moines $11,877.21 Federal Way $40,522.46 Kent $36,287.75 King County $204,255.81 Renton $29,159.75 SeaTac $16,930.34_ Seattle $270,086.17 $16,273.52 Tukwila Total Allocation $681,367.00 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Memorandums of Understanding - Contracts with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 Memorandum of Understanding FY 2018 Edward Byrne Memorial Justice Assistance Grant Signature Page r Jurisdiction: Loll Signature: Name & Title: i ✓� Page 3 of 3 Memorandum of Understanding FY 2019 Edward Byrne Memorial Justice Assistance Grant This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2019 Edward Byrne Memorial Justice Assistance Grant. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn • City of Bellevue- declined City of Burien • Des Moines • City of Federal Way • City of Kent • King County- declined • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3.7% administrative fee for these services. Pagel of 3 The allocation of funding is as follows: Agency DOJ Allocation % DOJ + Declined Sub -Total 3.7% Fee Total KING COUNTY $ 36,689 0 AUBURN CITY $ 33,075 5.300% $ 35,640.54 $ 34,321.84 BELLEVUE CITY $ 14,101 0 BURIEN CITY $ 21,329 3.422% $ 23,009.19 $ 22,157.85 DES MOINES CITY $ 11,617 1.977% $ 13,294.68 $ 12,802.78 FEDERAL WAY CITY $ 41,110 6.676% $ 44,887.62 1,660.84 $ 43,226.78 KENT CITY $ 38,077 6.101% $ 41,021.16 1,517. , $ 39,503.38 RENTON CITY $ 31,333 5.113% $ 34,378.85 s 1,272.( $ 33,106.83 SEATAC CITY $ 14,779 2.4749,o' $ 16,635.91 $ 615.c $ 16,020.38 SEATTLE CITY $ 414,940 66.381% $446,349.43 $454,713.67 TUKWILA CITY $ 15,360 2.557% $ 17,192.62 $ 16,556.49 Total $ 672,410 100.000%1 $672,410.01 $8,364.24 $672,410.01 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into Interagency Agreements with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 Jurisdiction: Signature: Name & Title: Memorandum of Understanding FY 2019 Edward Byrne Memorial Justice Assistance Grant Signature Page Must be signed by Mayor, City Administrator or Executive Page 3 of 3 COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL ITEM #: 5h- SUBJECT: AGREEMENT WITH FEDERAL WAY YOUTH ACTION TEAM FOR CAPACITY BUILDING AND COMMUNITY SUPPORT POLICY QUESTION: Should the City enter into an agreement with Federal Way Youth Action Team for Capacity Building and Community Support? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Mana er DEPT: Community Development Attachments: 1. Staff Report 2. Agreement 3. Federal Way Youth Action Team Proposal 4. Federal Way Youth Action Team Critical Incident Response Proposal Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. _............. MAYOR APPROVAL: a DIRECTOR APPROVAL:da�' 11JIlza2o co/I m t tcouge InitlakDiltc itnilial I3atc initis rp;�t COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Chair ommittee M b Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 29, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Federal Way Youth Action Team for Capacity Building and Community Support Financial Impacts: The cost to the City for the agreement with the Federal Way Youth Action Team was included within the approved budget under the City Council budget in the amount of $25,000.00. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the Capacity Building and Community Support agreement, there will be no currently planned future costs. Back -ground Information: The City Council allocated $25,000 to the Federal Way Youth Action Team as part of the 2019 budget and the 2020 budget. The Federal Way Youth Action Team had initially requested $50,000. With the reduced funding award, they decided to pursue two programs, including Capacity Building and Community Support at $13,500.00 for 2019. They had also requested $11,500.00 be used for the Progress Pushers program in 2019. As the Federal Way Youth Action Team did not end up funding the partnership with Progress Pushers, they are requesting the full $25,000.00 be used for Capacity Building and Community Support in 2020. In 2019, the Federal Way Youth Action Team met performance targets though the agency did not meet deadlines for submitting reports and invoices. As originally proposed to Council, staff was to provide an update to Council in October reporting on the progress year to date. No report or invoice was received, delaying progress on this report and amending a contract to add performance targets and funds for 2020. An incomplete invoice and report was submitted on January 7, 2020 and a complete invoice and report received on January 24, 2020. Because of the delays, an amendment is not possible as the contract period has ended. A new contract is being proposed. Staff requested a detailed proposal for the 2020 funds and has developed a proposed agreement based on the proposal submitted by the Federal Way Youth Action Team. Rev. 7/18 Capacity building and community will focus on training on the Critical Incident Response Protocol and further updates to the protocol. Please see the attached proposal for details on the proposed use of the funds and the attached Critical Incident Response Protocol to understand the purpose of the programming. Programming will include a total of twenty- four (24) two-hour trainings, workshops, or seminars on the protocol. Per event, the proposal includes sixteen to twenty-four hours of staff time including four hours of preparation, four hours for delivery, four hours for implementation based on action steps identified at the events, and four hours of time to update the protocol. While not identified in the proposal, the youth portion of the program will be in response to critical incidents and referrals will be made to the Federal Way Youth Action Team by key stakeholders such as school personnel, juvenile court staff, and others in the community. After the trainings or other events with youth, staff will then spend time working with each family on following up on the action steps identified at the event and snaking referrals to community resources and services. Additionally, as a newer service, there are program elements that still need to be developed including the assessment to measure individual progress as a result of the workshops. The grant will also assist the Federal Way Youth Action Team in building relationships and promoting the services. The Critical Incident Response Protocol will be updated over the course of the year. Rev. 7/18 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com HUMAN SERVICES AGREEMENT FOR CAPACITY BUILDING AND COMMUNITY SUPPORT This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Youth Action Team, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY YOUTH ACTION TEAM: Usman Mian 29500 Pacific Hwy. S., Suite N Federal Way, WA 98003 (206) 231-9521 (telephone) Usman@fwyat. com The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 253-835-2651 (telephone) (253) 253-835-2609 (facsimile) sarah.bridgeford(-a) cityoffederalw ay. com 1. TERM. The term of this Agreement shall be for a period commencing on February 19, 2020 and terminating on December 31, 2020 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are 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. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services 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. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, 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 Services, the City shall pay the Agency 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 City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 3/2017 ` CITY OF CITY HALL A Fe d e ra I ■ .. ■ay Feder 8th Avenue South ■Y�IY� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com 4.2 Method ofPar•ment. On no more than a monthly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a no less than quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not'submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non -App onriation 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 liail,�inmdcation. The Agency 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 Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor 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 Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency'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 Agency 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. Agency'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. HUMAN SERVICES AGREEMENT - 2 - 3/2017 CITY OF CITY HALL deraI S8th Avenue South w�4!.�, G©Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, 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 Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency'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 Agency's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency 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 Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency 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 Agency while performing the Services shall belong to the City upon delivery. The Agency 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 Agency shall be delivered to the City. HUMAN SERVICES AGREEMENT -3 - 3/2017 `1rr OF CITY HALL AN 33325�� I Feder 8th Avenue South 8003 Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.. com 9. BOOKS kN D RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services 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 maintained for a period of six (6) years after the termination of this Agreement and may 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. The Parties intend that the Agency shall be an independent contractor and that the Agency 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 Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency 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. The Agency shall pay all income and other taxes due 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 Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with gr interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency 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 Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, 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. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions 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 Assigmnent and Beneficiaries. Neither the Agency 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 - HUMAN SERVICES AGREEMENT - 4 - 3/2017 CITY or CITY HALL Federal 8th Avenue South FederaWay l Way. WA 98003-6325 (253) 835-7000 www cityoffederalway. com 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 Agency 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 Agency'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 maybe 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 Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT -5- 3/2017 ` CITY of CITY HALL Federal � �'� 33325 8th Avenue South 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: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney FEDERAL WAY YOUTH ACTION TEAM: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires HUMAN SERVICES AGREEMENT - 6 - 3/2017 `CITY OF Federal Proiect Summary CITY HALL ■ � ■�� 33325 8th Avenue South ■YI1YL Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederat way. com EXHIBIT A SERVICES The Agency shall provide capacity building and community support -in the City of Federal Way. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. The Agency will engage key stakeholders to prevent, respond, and de-escalate youth violence through the provision of Critical Incident Response (CIR) Protocol trainings, workshops, and seminars. Stakeholders include school district administration, principals, educators, community partners, policymakers, services providers, and youth. Services will include: • CIR Protocol In School Support including CIR meetings, trainings, and workshops for school district personnel; • CIR Protocol In School, After School, and Weekend Support including CIR seminars, trainings, and workshops for youth participants; and • CIR Community Support including CIR town hall forums, trainings, workshops, one on one meetings. Youth events are in response to critical incidents and youth are referred by school personnel, juvenile courts, or other stakeholders. Following the trainings with youth, staff will work with the families and youth to follow up on actions identified during the trainings and provide connections to community services. Community and school personnel trainings focus on preparing stakeholders to respond following critical incidents. Program development will also occur including promotion of the services and development of an assessment to measure individual progress. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: B. Units of Service The Agency agrees to provide, at minimum, the following units of service: Total No. of unduplicated Federal Way persons assisted in 2020 120 B. Units of Service The Agency agrees to provide, at minimum, the following units of service: HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 1st Quarter 1 2"d Quarter 3`d Quarter I 4th Quarter I I Jan - Mar A r — Jun Jul - Sep Oct - Dec Total HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 `CITY of Fedle raI CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com 2020 1. In School Support for school district personnel 2 2 1 2 2 8 2. In School, After School, and Weekend Support 3 3 3 3 12 3. Community Support 1 1 1 1 4 C. Definition of Services 1. Critical Incident Response Protocol and Tools for De-escalation: Develop protocols and tools to help community members de-escalate violent incidents. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. 2. Critical Incident Response Education: By the end of 2019 and following the development of the protocol, host a minimum of one (1) community education event to provide de-escalation training. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. Community Events: Measured by the number of events hosted that focus on underserved and underrepresented communities. Service units are carried out by two staff and include four (4) hours of prep time for each event, four (4) hours for the delivery of each event, four (4) hours of implementation, and four (4) hours of updating the CIR. D. Performance Measure(s) Outcome(s) to be reported: 1. Increased critical incident response education and awareness by 70% as measured by pre- and post -assessments. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 44CITY OF ,. Federal CITY HALL �� 33325 8th Avenue South Federal Way: WA 98003-6325 (253) 835-7000 www cityoffederat way com Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs and documentation of hours worked for each service unit including sign in sheets, timesheets, etc.; ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and it for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of receipt of direct assistance including gift card incentives and bus tickets. Documentation should include signature of the participant, identify the date of the session, and identify what assistance was received. 10. Documentation of client address; residency verified via King County Parcel Viewer. 11. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4124/2019) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reporting Schedule The Agency shall collect and report client information to the City no more than monthly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than January 15 in the format requested by the City. HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South ■Y■1Y■ Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by January 15 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Federal Proect Budeet CITY HALL Way 33325 8th Avenue South �Y11Y■ Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Twenty -Five Thousand Dollars and 00/100 ($25,000.00). A. City of Federal Way Funds 2019 City of Federal Way General Fund: $25,000.00 B. Line Item Budget 2019 Personnel Services (detail below) $16,770.00 Printing $750.00 Rent & Utilities $2,863.00 Insurance $412.00 Food $905.00 Professional Services $800.00 Administration (Overhead) $2,500.00 Total City of Federal Way Funds: $25,000.00 C. Personnel Detail Position Title Position Full Time E uivalent Annual Salary and Benefits HS Funds Executive Director 0.12 $74,750.00 $8,970.00 CIR Outreach Coordinator 0.15 $52,000.00 $7,800.00 Total: $16,770.00 Reimbursement Requests and Service Unit Report forms shall be submitted no more frequently than monthly and are due on the 15th of each month, but not less than the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 8; Demographic Data Report and Annual Outcome Data Report with supporting documentation due January 15. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Monthly Payments: 2019 Monthly $2,500.00 HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated monthly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of F_undin� The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. HUMAN SERVICES AGREEMENT - 6 _ HSA Exh 5/2017 FEDERAL WAY YOUTH ACTION TEAM Human Services Grant Program 1. In one to three sentences, provide an overview of the program. Following the development of the FWYAT's Critical Incident Response Protocol, we would utilize this funding opportunity to build a trifecta effect by engaging with all key stakeholders to better position ourselves to prevent, response, and de-escalate youth violence. We will provide CIR Protocol trainings and workshops (in school, after school, and weekend) for district leadership, school principals, K-12 educators, community partners, policymakers, and service providers, in addition to youth populations in the City of Federal Way. 2. Describe the specific services to be provided with the funding requested. 1. CIR Protocol In School Support (CIR meetings, trainings and workshops for district leadership, school administrators, and K-12 educators.) 2. CIR Protocol In School/After School/Weekend Support (CIR seminars, trainings and workshops for youth participants) 3. CIR Community Support (CIR town hall forum, trainings, workshops, and one on one meetings with partner organizations, service providers, student resource officers, and thought leaders). 3. Who will be served by this program? • Youth populations who might be at risk to the school to prison pipeline and juvenile justice system in the City of Federal Way, ages 8-24. • Federal Way Public Schools District Leadership ® Federal Way Public Schools Student Resource Officers • All High School and Middle School Principals • Any educators who deal with at young people at risk to youth violence • Staff and Leadership at Nonprofit Organizations in Federal Way. • Community Activists and Thought Leaders in Federal Way. • Interested Parents and Families in the City of Federal Way. 4. How do you ensure program services are culturally relevant and accessible to all eligible clients? Provide one to two examples that best achieve this (e.g. staff composition, board composition, community partnerships, best or promising practices, etc.)? The FWYAT is a consortium of caring adults and organizations that partner together to provide authentic, impactful, and relevant youth development opportunities across the Federal Way Community. We are the most diverse collective within the city and represent various young people, especially in communities of color and underserved populations. We have a strong staff and board composition, with nearly 10 languages spoken. Our consortium partners are service providers within the Black, Latin/x, Asian/Pacific Islander, LBGTQ, and East African communities. S. How do you measure your program's success? List up to two outcomes that you use to measure the effectiveness/impact of your services (e.g. the percentage of clients who are housed). Performance Measures. 1) Number of unduplicated residents of the City of Federal Way. 2) Number of CIR community education events, trainings, and meetings held in school, after school, and weekend. 3) Increased critical incident response education and awareness by 70% as measured by pre -assessment and post -assessments. 6. For the program for which you are requesting funds, please address accessibility in the following areas (ONLY DIRECT SERVICES. If not direct services, please proceed to question 7): The program has mechanisms in place to make its services affordable to all populations. c Yes, check all that apply: 4 Free The program facility is accessible for individuals with disabilities according to the ADA Accessibility Guidelines. 4 Yes The program is easy to access: o Yes, check all that apply: 4 In the City of Federal Way 4 Close public transportation (walking distance to stops) 4 Program staff travels to clients 4 Mobile services (e.g. van) The program is accessible in terms of language (offering translation and interpretation services upon demonstrated need). In what ways is your program accessible in terms of languages - check all that apply. 4 Translated material 4 Program and/or agency staff speaks languages 4 Translation on demand How does your program prioritize delivery of services? (check all that apply) 4 Based on severity of client need The program accommodates client schedules by (Check all that apply) 4 Evening 4 Weekend 4 On demand 4 Early morning 7. How many residents will be served? 8. What services will be provided and how many? Please add rows as necessary. ist 2nd 3rd 4th 2020 Quarter Quarter Quarter Quarter Total JAN.— MARCH APRIL — JUNE JULY — OCT. — DEC. MARCH JUNE SEPT. DEC. No. of unduplicated Federal Way persons 30 30 30 30 120 assisted in 20:0 8. What services will be provided and how many? Please add rows as necessary. 3 ist 2nd 3rd 4th 2020 Quarter Quarter Quarter Quarter Total JAN. — APRIL — JULY — OCT. — MARCH JUNE SEPT. DEC. 1. In School Support (CIR meetings, trainings and 2 2 2 2 8 workshops for district leadership, school 3 administrators, and K-12 educators.) Personnel Services (detail below) $16,770.00 Printing $750.00 2. In School/After $2,863.00 Insurance $412.00 Food $905.00 School/Weekend Support 3 3 3 3 12 (CIR seminars, trainings and workshops for youth participants) 3. Community Support (CIR town hall forum, 1 1 1 1 4 trainings, workshops, and one on one meetings with partner organizations, service providers, student resource officers, and thought leaders). 9. What outcomes will the program work to meet? Include specific, measurable targets including percentages. Performance Measures. 1) Number of unduplicated residents of the City of Federal Way. 2) Number of CIR education events, trainings, and meetings in the school and within the community (after school and weekends). 3) Increased critical incident response education and awareness by 70% as measured by pre -assessment and post -assessments. 10.2020 Program Expenses to be Funded with Grant funds B. Line Item Budget Personnel Services (detail below) $16,770.00 Printing $750.00 Rent & Utilities $2,863.00 Insurance $412.00 Food $905.00 Professional Services $800.00 Administration (Overhead) $2,500.00 Total City of Federal Way Funds: $25,000.00 C. Personnel Detail Position Title Position Annual HS Full Time Salary Funds Equivalent and Benefits Executive 0.12 $74,750 $8,970 Director CIR Outreach 0.15 Coordinator $52,000 $7,800 Total: $16,770 11. Please explain the budget and provide a justification for the allocation of funds. For example, if asking for funding for staffing, explain the number of hours required and what will be accomplished in that time. PERSONNEL SERVICES: 250 billable hours for the Executive Director Position 312 billable hours for the CIR Outreach Coordinator Position = 562 total billable hours EXECUTIVE DIRECTOR SCHOOL SUPPORT (district leadership, principals, administrators, educators) ❑ School Support: 8 activities by 2 hours each= 16 hours (planning/pre assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (delivery) ❑ School Support: 8 activities by 2 hours each =16 hours (implementation/post assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (update critical incident response protocol) =64 total billable hours for in school support activities IN SCHOOL/AFTER SCHOOL/WEEKEND SUPIDO.P-I-I- (youth populations) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (planning/pre assessment) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (delivery) ❑ In School Support: 8 activities by 2 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 8 activities by 2 hours each = 24 hours (update critical incident response protocol) =96 total billable hours for in school support activities COMMUNITY SUPPORT (nonprofit organizations, community centers, service providers, and thought leaders) ❑ Community Support: 4 activities by 6 hours each = 24 hours (planning/pre assessment) ❑ Community Support: 4 activities by 2.5 hours each =10 hours (delivery) ❑, Community Support: 4 activities by 6 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 4 activities by 6 hours each = 24 hours (update critical incident response protocol) =62 total billable hours for in school support activities ED TOTAL BILLABLE HOURS: 242 hours (plus 8 hours for administration and financial invoicing, reporting, and oversight) CIR OUTREACH COORDINATOR SCHOOL SUPPORT (district leadership, principals, administrators, educators) ❑ School Support: 8 activities by 2 hours each =16 hours (planning/pre assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (delivery) ❑ School Support: 8 activities by 2 hours each =16 hours (implementation/post assessment) ❑ School Support: 8 activities by 2 hours each =16 hours (update critical incident response protocol) =64 total billable hours for in school support activities IN SCHOQUAFTER SCHOOIWEEKEND SUPPORT (youth populations) ❑ Youth Support: 12 activities by 2 hours each = 24 hours (planning/pre assessment) 0 ❑ Youth Support: 12 activities by 2 hours each = 24 hours (delivery) ❑ In School Support: 8 activities by 2 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 8 activities by 2 hours each= 24 hours (update critical incident response protocol) =96 total billable hours for in school support activities COMMUNITY SUPPORT (nonprofit organizations, community centers, service providers, and thought leaders) ❑ Community Support: 4 activities by 6 hours each = 24 hours (planning/pre assessment) ❑ Community Support: 4 activities by 2.5 hours each =10 hours (delivery) ❑ Community Support: 4 activities by 6 hours each = 24 hours (implementation/post assessment) ❑ In School Support: 4 activities by 6 hours each = 24 hours (update critical incident response protocol) =82 total billable hours for in school support activities CIR OUTREACH COORDINATOR TOTAL BILLABLE HOURS: 312 hours ❑ 242 hours (program management) ❑ 40 hours (data collection, policy research, and field experiences) ❑ 30 hours (performance review and reporting) PRINTING The $750 budget allocation will allow us to print the materials and CIR protocol to distribute to the various stakeholders and youth populations we serve. RENT AND UTILITIES: Since a majority of the after school, evening, and weekend support services for the CIR Protocol will be housed at the THINK Lab, we have allocated $2,863 to cover the operating and facility use costs for these programs. INSURANCE: We are a nonprofit organization and carry a certificate of liability insurance for our scope of work. We have the City of Federal Way, along with the Federal Way Public Schools listed on the policy as well. FOOD: The $905 food allocation will be used for community events that will take place after school, evenings, or weekend. We have allocated this amount to incentivize participation and increase turnout to the trainings, workshops, and other activities related to the CIR Protocol. PROFESSIONAL SERVICES: We would like to allocate $800 towards covering the stipends for the professional services, i.e, experienced facilitators for our workshops and trainings, on a limited basis. Most of the work will be performed by the FWYAT personnel, however, there will be occasions when we will have to provide stipends for facilitators to lead workshops or trainings during some of the community education events. ADMINISTRATION COSTS: We would like to allocate $2,500 to cover administrative costs and overhead expenses related to our scope of work with the CIR Protocol. 12. Please include a program budget as an attachment. N/A 13. If your program is showing a deficit or surplus relative to revenue and expenses in 2020, please explain. Enter N/A if not applicable. N/A 14. Please include any other information that you would like to share that would help in making a funding decision. The FWYAT has made great progress with the critical incident response protocol, has met the compliance requirements of previous contracts, and has become a leading voice in addressing youth violence prevention in the City of Federal Way. Our work is made possible through generous support from the City of Federal Way. We look forward to building on the progress and achievements from last year. 15. If you are not currently collecting the demographic data, do you agree to begin collecting it if you are funded during this funding process? Yes, we are collecting the demographic data required under the City of Federal Way's Human Service Contract and we agree to continue to collect through this funding process. . s THE FEDERAL WAY YOUTH ACTION TEAM CRITICAL INCIDENT RESPONSE PROTOCOL a. Background The FWYAT is a consortium of caring adults and organizations that partner together to provide authentic, impactful, and relevant youth development opportunities across our community. The FWYAT was formed in response to a rise in community violence, a disproportionate number of school and police referrals to the juvenile justice system and identified service gaps for youth at risk. FWYAT stakeholders are committed to developing community driven responses to youth violence symptoms, creating systems of support for youth who may be the next victims, perpetrators or at risk for populating our juvenile justice system. b. Purpose and Scope Emergencies and critical incidents that take place in the school, community, or workplace can affect people physically and psychologically, and affect the overall program continuity of the Federal Way Youth Action Team (FWYAT). The purpose of this critical incident response policy is to ensure that the FWYAT prepares for and effectively responds to emergency situations and critical incidents, affecting youth (ages 12-24), through the appropriate use of resources, partners, and networks. At the FWYAT, we understand that there may be cases that arise that require critical incident response, for the prevention and effective management of emergency situations and to further provide de-escalation as a response. As an organization and consortium, FWYAT can assist to minimise the negative impact of an unexpected event that may occur with one of our youth participants at the schools they attend, communities in which they reside, or the workplace where they operate. This policy applies to all staff, partners, volunteers, board members, and youth leaders associated with the FWYAT. c. What is a critical incident? A critical incident is any actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a person. A few different types of critical incidents are physical, mental, verbal, environmental issues, incidents that lead to risky unsafe outcomes. i.e (Shooting, Stabbing, Fight). Different types of critical incidents are incidents in the school/educational setting and incidents within the schools, community/police intervention setting. ritical Incidents within the School: Page 1 of 10 ❑ A critical incident is an unplanned and unanticipated event that occurs during a lesson and that serves to trigger insights about some aspect of teaching and learning. ❑ A critical incident is something which we interpret as a problem or a challenge in a certain context. It is not a routine occurrence, for example, when a student constantly arrives late in the class, when some students make noise while teachers are teaching, etc. ❑ A critical incident is often personal to an individual teacher. A critical incident is defined by different scholars in different ways. Critical Incidents within the Communis Police Intervention: ❑ There is a growing body of research which focuses on police decision making during critical incidents. This suggests that cognitive bias (a person's pre -determined and unconscious thought process) affects decision making. It tries to shed light on how people might make mistakes when assessing difficult situations, and how this can lead incident commanders to pursue a course of action that might hinder the successful management of an incident. ❑ A fresh understanding about why some commanders might excessively delay or avoid making a decision even when it is clear, both at the time and later, that a decision was needed. ❑ Understanding the factors affecting decision making will help the community and their officers account more clearly for the decisions they make, and to identify what was done to mitigate common errors. This will reduce the fear of excessive accountability, which may prevent officers from making a decision at all. d. Critical Incident Response Protocol The FWYAT plan to respond to a report by having staff, partners, and the community trained effectively for the reporting of an incident. There will be unlimited resources also put in place to be available for incidents. FWYAT will try and prevent critical incidents by considering all incidents reported and identify them early if they were to be reported again. This includes having all incidents past or present managed by the appropriate person that will be effectively looking to prevent further incidents. When major incidents of violence involving youth or young adults occurs, the Critical Incident Response Team works in collaboration with law enforcement and community partners to provide on -scene support and post incident follow up to the victims and perpetrators of violence. The action plan that we will create with the stakeholders in response to a critical incident will be strategic and simple. First step in the action plan will be Preparing for the critical incident. All stakeholders will have an understanding of critical incidents and situations of critical incidents. The second area of the plan Page 2of10 FU, t�t� T would be teaching them how to manage the knowledge of what is going on with the critical incident and how the incident may or may not affect them directly or indirectly at all. The third step in the action plan will be for stakeholders to let the public deal with a lot of the responses and for stakeholders to publicly support the public/community while they are restoring confidence and peace back into the incidents reported. Key Personnel and Organizations: ❑ Ambition is Priceless ❑ Good Shepherd ❑ Game of life ❑ My Sistas Spot ❑ Phenomenal She ❑ Progress Pushers ❑ Choose 180 ❑ Tree House ❑ YWCA ❑ Boys and Girls Club ❑ KCLS Libraries ❑ Rugged Genius ❑ Multi Service Center ❑ Communities in schools ❑ Community Passageways ❑ Toast Masters ❑ Good Shepherd Youth Outreach ❑ Kingdom Builders ❑ Pelesse Siva foundation (afterschool) Lead Partner Organizations: ✓ Federal Way Youth Action Team (FWYAT) ✓ Federal Way Public Schools ✓ CHI Franciscan ✓ Multi -Service Center (MSC) ✓ Progress Pushers ✓ Federal Way Police Department (FWPD) Critical Incident Response Team (GIRT) ✓ CIR Lead (CIR-Lead): Evan Cook ✓ CIR Support (CIR-Support) Maju Qureshi ✓ Community Safety Specialist 1 (CSS) Eddie Purpose ✓ Community Safety Specialist 2 (CSS) Lamont Styles ✓ Community Safety Specialist 3 (CSS) Jimmy Brown ✓ Community Safety Specialist 4 (CSS) Winston Bell Page 3 of 10 Intervention Support Team (IST) ✓ Positive Outcomes Program (POP) ✓ Ambition is Priceless (AIP) ✓ My Sistas Spot ✓ Kingdom Builders (Marquise Hale) ✓ Good Shepherd Youth Outreach ✓ Pellesse Siva Foundation ✓ Communities in schools ✓ Federal Way Public Schools ✓ Game of Life ✓ Bentley Therapy ✓ Who Navos (Therapy) Community Safe Space: ✓ King County Library 1" Ave & 320th ✓ Federal Way Youth Action Team ✓ Lifestyles Barber Academy ✓ Multi Service Center ✓ Positive Vibes (The Commons Mall) ✓ Phenomenal She ✓ EX3 (Boys & Girls Club) ✓ Boys and Girls Club (8th Ave) Community Safety Partners (CSP) ✓ Federal Way School District ✓ City of Federal Way ✓ Federal Way Police Dept. ✓ Progress Pushers ✓ Toast Masters ✓ Community Intervention Team -Seattle Incident Notification: Notification: Law Enforcement, Community Safety Specialist (CSS), Community Safety Partners (CSP) or youth notify Critical Incident Response Team (CIRT) of critical incidents in progress. FWYAT response is to identify, coordinate, resolve, then close the incident out the best effective way. In these responses every incident will be structured around the incident at hand. W hen Law Enforcement Partner (LEP)_ notifies first: 1. LEP notifies CIR-Lead/ CIR-Support 2. CIR-Lead texts deployment plan to CIR Team 3. CSS's arrive on -scene and text confirmation of incident Page 4of10 i ) Nift 4. CSS's will maintain communication with CIR-Lead/CIR-Support sending details and updates as safe and appropriate - every 15-30 minutes until notified to stop. 5. CIR-Lead/CIR-Support text team assignment for follow up plan: mediation at home/other locations listed. When an Community Safety Specialist (CSS) is notified first: (witnesses, notified by youth or community member or service provider) 1. Text message details to CIR-Lead 2. CSS deploys to scene, on arrival confirm risk of incident & on -scene assessment 3. CSS's will maintain text communication with CIR-Lead/CIR-Support sending details and updates as safe and appropriate - every 1S-30 minutes until notified to stop. 4. CIR-Lead/CIR-Support will text team assignment as appropriate for follow up plan: mediation at home/other location, hospital visit, etc. Deployment: Der-Iovment Once Team is notified of the incident, the CIR-Lead will assess the incident using the 4W+H Formula to determine if the incident warrants deployment. 4W + H Formula: Success depends on how many of these questions can be answered before deploying. ® WHAT: (20%) * WHEN: (20%) WHERE: (20%) WHY: (20%) m HOW: (20%) TOTAL:100% STOP Formula: The first point of contact after a critical incident in Federal Way is to the Federal Way Youth Action Teams outreach coordinator. If the incident is life threatening and out of the outreach coordinators responsibilities, then contact the Federal Way Police Department. 1. Slowdown: Identification (identify the issue) 2. Think: Coordination (coordinate all parties/information involved in the incident) Page 5 of 10 3. Observe: Resolution (investigate and come to a supporting conclusion to the incident) 4. Plan: Closure (finalizing the incident and solving the incident). Once these steps are followed and the CIR-Lead confirms deployment the CSS's deploy to the scene, where they maintain text communication with CIR-Lead every 15-30 minutes until instructed to stop. CIR-Leader and CIR-Support will coordinate law enforcement communication and direct crisis response until the scene is cleared. On -Scene: Standard Operating Procedures (SOP) Once deployed CIR-Lead and CSS's will follow the On -Scene SOP CALL IN • Known trouble location • Crisis map (built from past situations) • Risk factors/red flags- anything that puts you in danger • Risk Triggers (take risk factors to action) • Safety route (pre-set) • Dangerzone indicators/additional resources ON SCENE • Confirm the Call-in • General scan of the area • Size up the most important aspect of actual engagement • Paints the picture of how operations will flow and be structured EN -ROUTE Emergency/egress routes a Geographical crisis signs • Possible areas of cover • Safe Zones/populated areas e Uncontrollable areas/Danger zones • Additional resources (added help) • Position vehicle for safe egress SIZE UP • Incident assessment • ID all threats/triggers w Are they/can they be isolated? • Where will the command post be? • Where is the staging area? • Is threat still on scene • Injuries? • Can the scene be secured? • Placement of car/manpower • Altered Level Of Consciousness? • Physical interaction in progress? • How many people are involved? • Law enforcement present? • Help on scene? • More resources needed? Page 6of10 x On -Scene Support_: To prevent retaliation, CSS's deescalate and mediate tensions, manage rumors, and gather critical information about what may have led to incident. CSS's determine what connections they have to victim(s), perpetrator(s), families, friends and associates. CSS's gather contact information at the scene in order to follow up with all parties. If incident takes place in school or youth -serving location or event, CSS's will provide safe passage away from scene for all youth/young adults On -scene Corniriun[ty. Safety Sr)ecialist (CSI)] Function 1. Look for youth/bystanders you know and connect with them 2. Avoid visible police contact on scene, however be respectful (visibility loses credibility) 3. Update CIR=Lead every 15-30 minutes until directed to stop 4. Provide basic de-escalation as needed/able at scene S. Report critical details and information to CIR-Lead for the duration of the incident CSS Guide for Information gathering at scene: 1. Identity of victim 2. Identity of perpetrator 3. Victim's condition: will the victim be hospitalized, which hospital, etc. 4. If perpetrator is found/arrested, try to determine if they will be @ Juvenile Detention (we can find out later, but if you can connect at scene try) S. Who do we have relationships with directly/indirectly? Do you have their contact information? 6. Who is associated with perpetrator or victim? Do you know their friends, family or associates? Post Scene Support: Page 7 of 10 + Most important question: What specifically are you up against? EGRESS DEBRIEF ENTIRE • Established safe routes OPERATION/REWRITE • Remember you are still + What went wrong? vulnerable • What worked? • Only time you are secure is • Was protocol followed? when you are in the safe zone • Did outside help do what you • Established cover/concealment expected? • Totally removed from the crisis • Any flaws recognized? • Develop new lesson plan • Dates to practice new lessons + Document! On -Scene Support_: To prevent retaliation, CSS's deescalate and mediate tensions, manage rumors, and gather critical information about what may have led to incident. CSS's determine what connections they have to victim(s), perpetrator(s), families, friends and associates. CSS's gather contact information at the scene in order to follow up with all parties. If incident takes place in school or youth -serving location or event, CSS's will provide safe passage away from scene for all youth/young adults On -scene Corniriun[ty. Safety Sr)ecialist (CSI)] Function 1. Look for youth/bystanders you know and connect with them 2. Avoid visible police contact on scene, however be respectful (visibility loses credibility) 3. Update CIR=Lead every 15-30 minutes until directed to stop 4. Provide basic de-escalation as needed/able at scene S. Report critical details and information to CIR-Lead for the duration of the incident CSS Guide for Information gathering at scene: 1. Identity of victim 2. Identity of perpetrator 3. Victim's condition: will the victim be hospitalized, which hospital, etc. 4. If perpetrator is found/arrested, try to determine if they will be @ Juvenile Detention (we can find out later, but if you can connect at scene try) S. Who do we have relationships with directly/indirectly? Do you have their contact information? 6. Who is associated with perpetrator or victim? Do you know their friends, family or associates? Post Scene Support: Page 7 of 10 CSS's are available to go to the hospital with the family and provide mediation and de-escalation as needed. CSS's are notified if perpetrator(s) is detained and then provide in -reach to perpetrator at King County Juvenile Detention. Follow Up Support Steps Follaw-_ r) (Externah: The Critical Incident Response Team (CIRT) is recommended to provide follow-up with victims and perpetrators for a minimum of 30 days post incident. It is recommended that the CIRT provides support services to victims and families, including accompanying family to hospitals and supporting memorial, vigil and funeral planning and attend all events related to the incident. Follo,,%up (Interne ✓ CIR-Lead will host a Critical Incident Debrief meeting with CIR-Team post incident and will document information gathered during on -scene and post scene support. ✓ CIR-Lead coordinates a Critical Incident Response Meeting with law enforcement and all appropriate partners (schools, community stakeholders) within 24/48 hours of incident. During this meeting, partners share information, plan strategies to diffuse further tension, create action plans to interrupt conflict and increase community safety. ✓ CIR-Lead will call a CIR-Team Debrief to map critical information (history leading up to incident, relationships between victim and perpetrator, possibility of retaliation, individuals who may become involved etc.) CIR-Lead & CIR-Support will document and track all incidents. ✓ CIR-Lead will call the Critical Incident Debrief: Emergency meeting within 24/48 hours of incident (whenever possible) that includes CSS's, Law Enforcement Partners (LEP) and community partners (if they have information about incident, relationship to victim or perpetrator etc.) to determine follow up plan, share information, and strategize ways to prevent retaliation and further violence. Site Specific Follow-up Guide H 0 S p i t a I: CIR-Lead/CIR-Support will coordinate with Social Workers at Harborview so CSS's can visit youth and bring youth and family resources (vouchers, bus tickets, snacks etc.) CSS's will offer to assist family with Victims Assistance information etc., and build rapport with family, offer comfort and be an added support. During all interactions with youth and families CSS will listen carefully to determine any information that will help us prevent retaliation and further violence. Page 8 of 10 3 Juvenile: Law Enforcement Partner will be notified if the perpetrator has been detained at King County Juvenile Detention and CIR- Lead will work with KCJD staff to setup one on one with CSS and youth. Home: CIR- Lead/ CIR-SupportwiII check in with the family of victim and perpetrator whenever possible. CIR-Director/ CIR-Support will determine who does home visits for mediation, family assistance, vigil and funeral planning etc. Funerals: Critical Incident Response Team will be present at all funerals and events surrounding the loss of a youth. Communication and Documentation: CIR-Lead will communicate directly with law enforcement during and after the incident. CIR-Lead will document meeting minutes of Critical Incident Response Team Debrief. CIR-Lead will document meeting minutes for 24/48Hour Post Critical Incident Response Debrief and all communication points in Critical Incident Response Log. CSS's will document all activities of the incident. Documentation: 1. CIR-Lead/CIR-Support keeps minutes during Critical Incident Response Team Debrief and stores in safe file 2. CSS's will document all activity and follow up and complete a critical incident report (including all de-esc, mediation etc.) 3. CSS's will submit Incident Report to CIR-Lead 4. CIR-Lead keeps meeting minutes of 24 Hour Post Critical Incident Response Debrief S. CIR-Lead logs incident in Critical Incident Response Log Major Event Staffing CIR-Team participates in safety planning and staffing Major events involving youth with partnership with law enforcement and community partners to maintain safety at community events. The team's goal is to help with crowd control, de-escalate and mediate tensions and work to prevent potential retaliations or incidents of violence. • CIR-Team participates in Event Planning meetings held with law enforcement partners to plan for event safety • CIR-Team staffs events and report to CIR-Lead per Critical Incident Response expectations Page 9 of 10 • CIR-Director manages all communications between team and partners (law enforcement especially) during events CIR-Team participates in all Event Debrief sessions Page 10 of 10 COUNCIL MEETING DATE: February 18, 2020 ITEM #: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH PHENOMENAL SHE FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with Phenomenal She for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 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. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: InLCO Dalt: Initial/Date p DIRECTOR APPROVAL: l 3t lZa 1P Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " a ti 4> T Committee Member C`tnntnliIce' Met II er Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 22, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Phenomenal She for After School Programming Finmitial Inmacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period, there are no anticipated future costs. 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 recommendations for funding included $35,892.00 for Phenomenal She for the period of January 1, 2020 through June 30, 2020. Funding will expand services for middle school and high school aged youth and young adults of color in Federal Way and offer increased mentoring, group counseling, and pro - social activities. Phenomenal She services young women of color and will partner with Game of Life to serve young men. The primary outcome will be increased employment and educational attainment. With support of this grant, a minimum of ten youth will receive service via 48 group sessions and two field trips. Rev. 7/18 ` CITY F CITY HALL South Federal Way Feder 8th Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com HUMAN SERVICES AGREEMENT FOR PHENOMENAL SHE AND GAME OF LIFE: AN AFTER SCHOOL PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Phenomenal She, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PHENOMENAL SHE: Carlecia Bell 1632 SW Dash Point Rd. Federal Way, WA 98023 (253) 237-2411 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) ffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2020 and terminating on June 30, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services 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. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, breaches confidentiality, or materially violates Section 12, and such may result in ineligibility for further City agreements. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Agency 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 City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 3/2017 ` CITY OF CITY HALL � �� 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 4.2 Me1.lind of Pavnncnt. On no more than a monthly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a no less than quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each month and/or quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Community Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency 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 Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor 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 Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency'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 Agency 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. Agency'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. HUMAN SERVICES AGREEMENT - 2 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, 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 Agency agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency'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 Agency's insurance and shall not contribute with it. 6.3. Additional hisureLl. Veriticat ion. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency 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 Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency 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 Agency while performing the Services shall belong to the City upon delivery. The Agency 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 Agency shall be delivered to the City. HUMAN SERVICES AGREEMENT -3 - 3/2017 CITY OF CITY HALL 40* Federal 33325 ■ � ■Y■lYi ay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services 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 maintained for a period of six (6) years after the termination of this Agreement and maybe subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency 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 Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency 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. The Agency shall pay all income and other taxes due 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 Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT Ori INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency 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 Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, 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. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 lnter_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 Ass i tgn n en l aml B c z L: I i c i ,ori es. Neither the Agency 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 shall continue in full force and effect and no HUMAN SERVICES AGREEMENT - 4 - 3/2017 ` Feder CITY +� CITY HALL 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 WWW criyOffodera)way com 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 Agency 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 Agency'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 Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 5 - 3/2017 CITY n CITY HALL Federal ■ � LY■ ■ay Feder 8th Avenue South �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: Jim Ferrell, Mayor DATE: PHENOMENAL SHE: By: Printed Name: Title: DATE: STATE OF WASHINGTON) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires HUMAN SERVICES AGREEMENT - 6 - 3/2017 ` Federal OF �F+rl Project Summary CITY HALL ■ � r�� 33325 8th Avenue South �lV/ Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederaWay. com EXHIBIT A SERVICES The Agency shall provide after school services that are designed to be culturally relevant to people of color and provided to middle school and high school aged youth and young adults of color in the City of Federal Way. The Agency will offer curriculum -based life skills, behavioral health counseling, and homework assistance. The Agency will contract with Game of Life as a subcontractor to offer behavioral modification techniques, conflict resolution, and group counseling. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: 'B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Monthly Total No. of unduplicated Federal Way persons assisted in 2020 1-2 10 'B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: C. Definition of Services 1. Group Sessions: Groups sessions include curriculum -based workshops, homework assistance, counseling, and mentoring. An average of two (2) sessions are provided per week. Each session is a minimum of one hour. 2. Attendance at Group Sessions: The number of youth who attend per session. Youth and young adults will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). 3. Field Trips: Quarterly activities provided to build relationships while offering unique experiences. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Monthly Total 2020 1. Group Sessions 8 48 2. Attendance at Group Sessions 80 480 3. Field Trips 0-1 2 C. Definition of Services 1. Group Sessions: Groups sessions include curriculum -based workshops, homework assistance, counseling, and mentoring. An average of two (2) sessions are provided per week. Each session is a minimum of one hour. 2. Attendance at Group Sessions: The number of youth who attend per session. Youth and young adults will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). 3. Field Trips: Quarterly activities provided to build relationships while offering unique experiences. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 CITY OF - Federal D. Performance Measure(s) Outcome(s) to be reported: CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffed era/ way. com Increased employment and educational attainment: measured by job placements and school enrollment. E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and it for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF A Federal CITY HALL ■ � a�� 33325 8th Avenue South �YiLVi Federal Way, WA 98003-6325 (253) 835-7000 wwvv ciryoffederalway. com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/24/2019) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Li m its Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reporting Schedule The Agency shall collect and report client information to the City quarterly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than June 30 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by June 30 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way and the Washington State Department of Commerce. HUMAN SERVICES AGREEMENT - 3 - HSA Exh 5/2017 CITY OF Federal Project Budeet CITY HALL ■ ,� ■�� 33325 8th Avenue South ■V■■Y■ Federal Way, WA 98003-6325 (253) 835-7000 www a1yoffederalway. com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Thirty -Five Thousand Eight Hundred Ninety -Two Dollars and 00/100. ($35,892.00). A. City of Federal Way Funds 2020 City of Federal Way (Dept. of Commerce Funds): $35,892.00 Total City of Federal Way Funds: $35,892.00 B. Line Item Budget 2020 Personnel Services (detail below) $7,201.40 Office or Operating Supplies $1,200.00 Food $2,400.00 Communications $1,000.00 Field Trips and Transportation $2,500.00 Professional Services (Game of Life) $16,151.40 Other (specify): Software Tools/Marketing $1,850.0 Administration (Overhead) $3,589.20 Total City of Federal Way Funds: $35,892.00 C. Personnel Detail Position Title Position Full Time E uivalent Annual Salary and Benefits HS Funds Executive Director 0.06 $80,000.00 $5,000.00 Administrative Assistance 0.13 $17,472.00 $2,201.40 Total: 0.19 $97,472.00 $7,201.40 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than monthly and are due on the 15th of each month, but not less than the following dates: 1st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: Final Reimbursement Request and Service Unit Report forms due June 15; and Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Monthly Payments: HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Federal 2020 Monthly $5,982.00 CITY HALL W■ � '� 33325 8th Avenue South ay Federal Way, WA 98003-6325 (253) 835-7000 www c "ffederahmycom Expenses must be incurred prior to submission of reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated monthly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding month. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of Funding The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 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 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............................................................. 2. Access to Data........................................................................................ 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....................................................................... 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 AttachmentA, Scope of Work.......................................................................................12 AttachmentB, Budget...................................................................................................13 S20-32102-01 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit S20-32102-01 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 81h 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. WA. Gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $142,500 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/19 6/30/21 9. Federal Funds (as applicable) Federal Agency: CFDA Number N/A N/A N/A 10. Tax ID# 11.SWV# 12.UBI# 13. DUNS# 91-1462550 SWV001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20: $71,250 (7/1/19 — 6/30/20) / SFY21: $71,250 (7/1/20 — 6/30/21) COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE S20-32102-01 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 Casts 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 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 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. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CON FIDENTIALITYISAFEGUARDING 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 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 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 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. • 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 Attachment B - Budget Form Use the budget format below to clearly delineate proposed costs for this project/pilot. You may add additional columns to provide greater detail if desired. Include key assumptions and any footnoted relevant budget narrative in the Notes column below. Please list our annual projections per state fiscal year. This form will be used to establish the budget line items for invoicing to Commerce. These projections will be used to gauge performance on an annual basis. Budget Detail Description SFY20 SFY21 Total Budget PERSONNEL Salaries and Wages Fringe Benefits TOTAL PERSONNEL BUDET $0 $0 $0 II SUB-CONTRACTOR(s) Provision of an after-school program for youth $71,250 $71,250 $142,500 including personnel services, office and operating supplies, consultant or purchased services, communications, travel and training, educational materials, transportation and administrative fees. TOTAL SUB -CONTRACTOR BUDGET $71,250 $71,250 $142,500 III GOODS & SERVICES Direct Services Occupancy (rent, electricity, phones, etc.) Rental Space for meetings Marketing Costs, Supplies, etc. Travel Vendor Other Costs TOTAL GOODS AND SERVICES BUDGET $0 $0 $0 IV INDIRECT COSTS (not to exceed 10%) TOTAL PROJECT C• $71,250 $71,250 $142,500 S20-32101-01 Attachment B (Budget Form) 13 COUNCIL MEETING DATE: February 18, 2020 ITEM #•� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH EL CENTRO DE LA RAZA FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with El Centro de la Raza for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 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. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S REC()Ai11LRD, 'ION: Option 1. MAYOR APPROVAL: j_//20, � 3a C me Co ilInitia Da - Initial e Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " ill Committee Vember Committee Committee Member V PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with El Centro de la Raza for After School Programming Financial Impacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period (July 1, 2019 through June 30, 2021), there are no anticipated future costs. 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 recommendations for funding included $35,892.00 for El Centro de la Raza for the period of July 1, 2020 through June 30, 2021. Funding will expand services for youth in Federal Way with a focus on Latino, Spanish speaking youth and offer after school and summer learning services. The outcomes will be improved positive approaches toward learning/increased school connection, improved attention skills and increased self-confidence, and grade level achievement and/or semester grade improvement in at least one core subject. With support of this grant, a minimum of 36 youth will receive service. It is expected that youth will participate in a minimum, cumulative total of 100 sessions. Rev. 7/18 ` CITY OF CITY HALL Fe d e ra l Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com HUMAN SERVICES AGREEMENT FOR AFTER SCHOOL AND SUMMER LEARNING PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and El Centro de la Raza, a Washington public benefit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: EL CENTRO DE LA RAZA: Estela Ortega 1607 S 341St Place Federal Way, WA 98003 (206) 957-4629 trodelaraza. The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) .com 1. TERM. The term of this Agreement shall be for a period commencing on July 1, 2020 and terminating on June 30, 2021 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services 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. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, 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 Services, the City shall pay the Agency 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 City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 3/2017 ` CITY OF CITY HALL F'e d e ra l Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 4.2 N1 ethnd of Payment. On a quarterly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency 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 Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor 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 Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency'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 Agency 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. Agency'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. HUMAN SERVICES AGREEMENT - 2 - 3/2017 ` CITY OF CITY HALL Federal ■ � lad' Feder 8th Avenue South 1V■lV� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 5.3 City lndeniniticat-Ion. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, 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 Agency 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 Liabilit . Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency'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 Agency's insurance and shall not contribute with it. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency 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 Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency 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 Agency while performing the Services shall belong to the City upon delivery. The Agency 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 Agency shall be delivered to the City. HUMAN SERVICES AGREEMENT - 3 - 3/2017 F d r I cl7v OF CITY HALL A% 4! Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services 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 maintained for a period of six (6) years after the termination of this Agreement and maybe subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency 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 Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency 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. The Agency shall pay all income and other taxes due 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 Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency 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 Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. EQ Ll AL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, 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. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions 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 Agency 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 - HUMAN SERVICES AGREEMENT - 4 - 3/2017 ` CITY OF CITY HALL �� 8th Avenue South FederaFe d el Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 Agency 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 Agency'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 Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 5 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South 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: Jim Ferrell, Mayor DATE: EL CENTRO DE LA RAZA By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires_ HUMAN SERVICES AGREEMENT - 6 - 3/2017 CITY of 4A** CITY Federal Project Summary CITY HALL ■ �,, ■�� 33325 8th Avenue South 1YI� Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederatway. com EXHIBIT A SERVICES The Agency shall provide after school and summer learning services that are designed to provide academic support and be culturally relevant to Latino, Spanish speaking youth. Services will be provided to 6th, 7th, and 8th grade youth from the City of Federal Way. Services will include, but not be limited to, academic tutoring, technology training, cultural enrichment, restorative justice, and trauma informed case management for students and families. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total 7/l/2020-6/30/2021 Total No. of unduplicated Federal 25 25 25 25 100 Way persons assisted in 9 9 9 9 36 7/1/2020-6/30/2021 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: C. Definition of Services 1. Attendance: The number of youth who attend per session. Youth will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). D. Performance Measure(s) Outcome(s) to be reported: 1. Improved positive approaches toward learning/increased school connection: At least 75% of participants will improve connection to learning and school as measured by attendance, surveys, and observation. 2. Improved attention skills and increased self-confidence: at least 75% of students will improve attention skills as measured by attendance, surveys, and observation. 3. Grade level achievement and/or semester grade improvement in at least one core subject: 75% of participants will achieve as measured by grades. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total 7/l/2020-6/30/2021 1. Attendance 25 25 25 25 100 C. Definition of Services 1. Attendance: The number of youth who attend per session. Youth will be counted for each session they attend and may be duplicated (counted more than once over the period of the agreement). D. Performance Measure(s) Outcome(s) to be reported: 1. Improved positive approaches toward learning/increased school connection: At least 75% of participants will improve connection to learning and school as measured by attendance, surveys, and observation. 2. Improved attention skills and increased self-confidence: at least 75% of students will improve attention skills as measured by attendance, surveys, and observation. 3. Grade level achievement and/or semester grade improvement in at least one core subject: 75% of participants will achieve as measured by grades. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 CITY OF CITY HALL ,■.,'..., F+�! a ra I Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. ■ for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF Am►I..,.. Federal CITY HALL ■ � ■�� 33325 8th Avenue South ■Y� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4/24/2019) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,150 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reporting Schedule The Agency shall collect and report client information to the City quarterly and annually on a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than June 30 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by June 30 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way and the Washington State Department of Commerce. HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 4'1CITY OF �L Federal Proiect Budget CITY HALL ■ t �� 33325 8th Avenue South ��Y■ Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.. com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Thirty -Five Thousand Eight Hundred Ninety -Two Dollars and 00/100. ($35,892.00). A. City of Federal Way Funds 7/l/2020- Personnel Services detail below) 6/30/2021 City of Federal Way (Dept. of Commerce $35,892.00 Funds): $35,892.00 Total City of Federal Way Funds: $35,892.00 B. Line Item Budget 7/1/20-6/30/21 Personnel Services detail below) $30,000.00 Rent $51892.00 Total City of Federal Way Funds: $35,892.00 C. Personnel Detail Position Title Position Full Time Annual Salary 7/1/20 — 6/30/21 Equivalent and Benefits Program Coordinator 0.28 FTE for 1 year $71,651.00 $20,500.00 (Full-time salaried position) Program Instructor $26/hr + 50% benefits $33,572.00 $9,500.00 (Part-time hourly for 1 year. position) Total: $105,223.00 $30,000.00 Report forms shall be submitted no less frequently than quarterly and are due on the following dates: July 1, 2020 -June 30,2021: July -September: October 15; and October -December: January 6; January -March: April 15; and April -June: Final Reimbursement Request and Service Unit Report forms due June 15; Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Quarterly Payments: HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF t Federal July 1, 2020 -June 30, 2021 l St Qtr $ 8,973.00 2nd Qtr $8,973.00 3rd Qtr $8,973.00 4th Qtr $8,973.00 CITY HALL Way ■�� 33325 8th Avenue South ■V�� Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay. com Expenses must be incurred prior to submission of quarterly reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of F'undinir The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 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 S20-32102-01 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. Su►vival....................................................................................................9 34. Taxes.................................................................................. ................... 9 35. Termination for Cause........................................................................... 10 36. Termination for Convenience.................................................................10 37. Termination Procedures........................................................................10 38. Treatment of Assets...............................................................................11 39. Waiver......................................................................................•---- .......11 AttachmentA, Scope of Work.......................................................................................12 AttachmentB, Budget...................................................................................................13 S20-32102-01 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services & Housing Division Community Economic Opportunities Unit S20-32102-01 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 811 Avenue South Federal Way, WA 98003 3. Contractor Representative 4. COMMERCE Representative Sarah Bridgeford Karen Dunn PO Box 42525 City of Federal Way — Community Services Program Manager 9011 Plum Street SE 253-835-2420 360-725-2822 Olympia, WA 98504-2525 Sarah.Bridgeford@cityoffederalway.com Karen. Dunn@Commerce. WA. 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 SW V001597-00 601-223-538 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: $71250 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 APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE S20-32102-01 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. Duolication 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 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 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CONFIDE NTIAL.ITYISAFEGUARDING 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 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 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 15. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 16. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 17. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 18. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 19. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 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 ACTIVITIE 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 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. • 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 L v E 2 a) ..p V i 7 a) Mo O C D Y U .� O O Z 4- 0 a) to Q a--+ U_ OO > U � v c L O CL 4 L {n E Q) L 0 V, V1 -0 }+ O +J a) U O pp -O r0 a) > 7 Ln a) O 41 Q L O +J Q a) O 4- :� 0 rE C O CD >- O c 4- L c U v1 a) O c +J O — 3 a '3 O E E L -0 Ln O 4� V � N L o Y 4- v 4.1 � L 7 � — u U a) L7 t � L a) Ln f6 M O LL a) 0) 7 m m c a� U Q O _o N M O N U) O O I O O O O Ln Ln to N N N O -i O th i/l, in O O O Ln Ln Ln N N N c -I r -I r -I O r� n O n tl} t/} t/) - O O O Ln Ln Ln N N N 14 14 rl tC) t^n -cn to tai} W W W p C7 C7 p tw D J + c� m m z Z O 0) z a) O Z LLJ V V) Q vi U >} L O a) ro U > V)O cr -O •v �`, 4- i > o Q OC W ra N U0 '� N a `�° u E bn a, -0 of U z Q H O n ro i O L m N O a) u O O Uro > _ o J a O l7 • L U L Q1 �' o > O J O O fl_Ln c O 0 +� L O Q OU +' c M O c U ro E v Q O E LC O H C U a) V O O O L "d 0.1 u N ? cu U ( U On 41 N • c O .. U = a) cc CUC Uj a) C u-) C On ra N O V 4- L > c Q +� N w L Ln O ca H Z Z cLU VI r m z 0 co L V Q t KJ v c N N m N +� L N O UO .v a) tw U p +� a a) O o 177 U >O rn Li to a) C7 O L I- aJa > O M O LL a) 0) 7 m m c a� U Q O _o N M O N U) COUNCIL MEETING DATE: February 18, 2020 ITEM #:--5k- CITY :--5kCITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT WITH BOYS AND GIRLS CLUBS OF KING COUNTY FOR AFTER SCHOOL PROGRAMMING POLICY QUESTION: Should the City enter into an agreement with Boys and Girls Clubs of King County for after school programming? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brid e ford, Community Services Manager DEPT: Community Development Attachments: 1. Staff report 2. Agreement Options considered: Option 1: Approve the proposed agreement. Option 2: Do not approve proposed agreement and provide direction to staff. MAYOR'S RECOMM ENDS ION: Option 1. MAYOR APPROVAL _;� 3 d DIRECTOR APPROVAL: l 3/f 2ou • C mil c Co -il Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the February 18, 2020 consent agenda for approval. " Committee Mckriber Committ M ber Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: Agreement with Boys and Girls Clubs of King County for After School Programming Financial LnPacts: The cost to the City for After School Programs was included within the approved budget as amended under the Community Development Department. This specific grant was not included, but will be within the approved amount. In accordance with the approved budget, the grant from the Washington State Legislature via the Department of Commerce in the amount of $142,500.00 will fully reimburse the costs. Upon completion of the grant period, there are no anticipated future costs. Sack Hund 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 recommendations for funding included $70,716.00 for Boys and Girls Clubs of King County for the period of January 1, 2020 through June 30, 2021. Funding will expand services for youth of color in Federal Way and offer expanded learning and career development services. The outcomes will be improved school attendance, on-time grade advancement, and post -secondary education and/or training programs. With support of this grant, a minimum of 60 youth will receive service. It is expected that youth will complete a total of 70 programs; youth may participate in more than one program. Rev. 7/18 ` [Irr of CITY HALL Federal Way Feder 8th Avenue South ■VlLV■ Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway com HUMAN SERVICES AGREEMENT FOR EXPANDED LEARNING & CAREER DEVELOPMENT This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Boys and Girls Clubs of King County, a Washington public benefit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: BOYS AND GIRLS CLUBS OF KING COUNTY: Brandee Paisano 603 Stewart St., Suite 300 Seattle, WA 98101 (206) 436-1804 (telephone) bpaisano @positiveplace. orl The Parties agree as follows: CITY OF FEDERAL WAY: Sarah Bridgeford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2650 (telephone) Sarah.Bn'dgeford@cityoffederalway.com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2020 and terminating on June 30, 2021 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. SERVICES. The Agency shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are 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. Additionally, the Agency shall perform in accordance with the provisions of the Services Contract between the City and the Washington State Department of Commerce ("Services Contract"), which is Exhibit C, attached here to and incorporated by this reference, to the same standards of professional practice previously stated. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Services 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. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the Agency of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance, 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 Services, the City shall pay the Agency 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 City shall reimburse the Agency only for the approved activities and in accordance with the procedures as specified in Exhibit B. The Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. HUMAN SERVICES AGREEMENT - 1 - 3/2017 Feder CITY OF CITY HALL �� Fe d e ra I WayF8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. Wyoffederal way. com 4.2 Method of Payment. On a quarterly basis, the Agency shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the Agency's reports, as a measure of satisfactory performance under this Agreement. The City shall review the Agency's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the Agency fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the Agency's control impact its ability to meet its service unit goals and the Agency has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the Agency and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The Agency shall submit its final invoice by the date indicated on Exhibit B. If the Agency's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Budget. The Agency shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The Agency shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency 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 Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each subcontractor 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 Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency'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 Agency 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. Agency'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. HUMAN SERVICES AGREEMENT - 2 - 3/2017 ` CITY OF CITY HALL Federal ed a ra l Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway com 5.3 City hideninI fication. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, 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 Agency 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 Liabili . Agency's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Agency to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Agency'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 Agency's insurance and shall not contribute with it. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Agency shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Agency shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Agency's insurance policies are "claims made," Agency 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 Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency 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 Agency while performing the Services shall belong to the City upon delivery. The Agency 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 Agency shall be delivered to the City. HUMAN SERVICES AGREEMENT - 3 - 3/2017 ` CITY OF CITY HALL Federal Way ■ay Feder 8th Avenue South ��Y■ Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services 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 maintained for a period of six (6) years after the termination of this Agreement and may be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, the Department of Commerce, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Agency shall be an independent contractor and that the Agency 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 Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at Agency's own risk, and Agency 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. The Agency shall pay all income and other taxes due 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 Agency, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency 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 Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 12. EQUAL OPPORTUNM 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 Agency or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, 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. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 lnicrtretation 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 Assigmnent and Beneficiaries. Neither the Agency 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 - HUMAN SERVICES AGREEMENT - 4 - 3/2017 ` Federal DE CINeder HALL A 8th Avenue S Federal Way, WA 980outh 03-6325 F� d e r� I Way (253) 835-7000 www. cityoffederalway.. com 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 Agency 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 Agency'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 Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] HUMAN SERVICES AGREEMENT - 5 - 3/2017 CITY or- CITY HALL South Federal ■ � ay Feder 8th Avenue 8003 lV■1Y■ 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: Jim Ferrell, Mayor DATE: BOYS AND GIRLS CLUBS OF KING COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires HUMAN SERVICES AGREEMENT - 6 - 3/2017 CITY OF ,,�-4: %& ..... Federal Pro 8ect Summary CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT A SERVICES The Agency shall provide after school and summer learning that are designed to be culturally relevant to people of color and provided to youth from the City of Federal Way. The Agency will provide Expanded Learning and Career Development, including YouthForce. The Agency shall ensure that services provided with funding under this Agreement are made available to Federal Way residents. Performance Measures A. Number Served The Agency agrees to serve, at minimum, the following unduplicated number of Federal Way residents with Human Services funds: B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total No. of unduplicated Federal Total Way persons assisted 10 10 20 1 / 1 /2020-6/30/2020 No. of unduplicated Federal 11 11 22 Way persons assisted in 10 10 10 10 40 7/l/2020-6/30/2021 B. Units of Service The Agency agrees to provide, at minimum, the following units of service by quarter: C. Definition of Services 1. Completion of an Education/Career Development Program is defined as a participant attending at least 70% of the total hours/curriculum units for the program. Participants may participate in more than one program. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 Jul -Sep Oct -Dec Jan -Mar Apr -Jun Total 1/1/2020-6/30/2020 1. Completion of an Education/Career Development 11 11 22 Program 7/l/2020-6/30/2021 1. Completion of an Education/Career Development 12 12 12 12 48 Program C. Definition of Services 1. Completion of an Education/Career Development Program is defined as a participant attending at least 70% of the total hours/curriculum units for the program. Participants may participate in more than one program. HUMAN SERVICES AGREEMENT - 1 - HSA Exh 5/2017 CITY OF ��. Federal D. Performance Measure(s) CITY HALL �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com Outcome(s) to be reported: 1. Improved School Attendance: At least 90% of frequently attending participants will improve their attendance rate or maintain attendance at 80% of above, compared with the previous year for returning students or compared with the beginning of the school year for new students. 2. On -Time Grade Advancement: at least 95% of frequently attending participants will make on-time grade advancement. 6th_81h graders will be promoted to the next grade; 9th -1 lth graders will be on track with credit accrual; and 12t" graders will graduate. 3. Post -Secondary Education and/or Training Programs: at least 70% of graduating 12th graders expect to attend post -secondary programs. Frequently attending participants have attended at least 70% of the total hours/curriculum units of the program(s) in which they are enrolled at the Teen Center. E. Service and Performance Documentation and Recordkeeping The Agency shall document service performance, as well as related expenses, to reflect that funding for Expanded Learning and Career Development is being provided from the Department of Commerce via a contract with the City of Federal Way. Each requires distinct and separate documentation to identify how funds are used and that the use if consistent with the Grant Agreement and this Agreement. Records A. Project Files The Agency shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Records documenting that costs reimbursed with funding provided under this Scope are allowable. Such records include, but are not limited to: ■ for personnel costs, payroll for actual salary and fringe benefit costs. is for staff travel, documentation of mileage charges for private auto use must include: a) destination and starting location, and b) purpose of trip; and ■ for copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, log sheets or annotated invoices. 9. Documentation of client address; residency verified via King County Parcel Viewer. HUMAN SERVICES AGREEMENT - 2 - HSA Exh 5/2017 CITY OF Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 10. Documentation of client income. The Agency agrees to use the HUD Income Guidelines to report income of clients served under this Agreement. Income guidelines may be adjusted periodically by HUD. King County FY 2019 Income Limits Summary (effective 4 12 412 0 1 9) FY 2019 Median Income Income 1 2 3 4 5 6 7 8 King County Limit Person Persons Persons Persons Persons Persons Persons Persons Category Extremely Low (30%) $23,250 $26,600 $29,900 $33,200 $35,900 $38,550 $41,200 $43,850 Income Limits Very Low $108,600 (50%) $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Income Limits Low (80%) 61,800 $70,600 $79,450 $88,250 $95,350 $102,400 $109,450 $116,500 Income Limits The Agency agrees to use updated Income Guidelines which will be provided by the City. Reports and Reportinjj Schedule The Agency shall collect and report client information to the City quarterly and annually on.a Service Unit Report to be provided by the City in the format requested by the City. The Agency shall submit an Annual Demographic Data Report. The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually no later than June 30 in the format requested by the City. The Agency shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome presented in the application must be approved by the City prior to implementation. The Agency shall report the results of its outcome measure(s) annually on the Annual Outcome Data Report to be submitted by June 30 in the format requested by the City. Public Information In all news releases and other public notices related to projects funded under this Agreement, the Agency will include information identifying the source of funds as the City of Federal Way and the Washington State Department of Commerce. HUMAN SERVICES AGREEMENT -3 - HSA Exh 5/2017 elrr OF �►�....., Federal Project 1311C1'yet CITY HALL Way 33325 8th Avenue South �Yf ■VL Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederal way. com EXHIBIT B COMPENSATION The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary, detailed below. The total amount of reimbursement pursuant to this Agreement shall not exceed Seventy Thousand Seven Hundred Sixteen Dollars and 00/100. ($70,716.00). A. City of Federal Way Funds 1/1/2020- 7/ll 2020- Personnel Services (detail below)_$34,608.00 6/30/2020 6/30/2021 City of Federal Way (Dept. of Commerce $35,358.00 $35,358.00 Funds): $35,358.00 $35,358.00 Total City of Federal Way Funds: $35,358.00 $35,358.00 B. Line Item Budget 1/1/2020- 6/30/2020 7/1/2020- 6/30/2021 Personnel Services (detail below)_$34,608.00 HS Funds $34,608.00 Youth Annual Membership Scholarships $750.00 $750.00 Total City of Federal Way Funds: $35,358.00 $35,358.00 C. Personnel Detail Position Full Time Annual Salary HS Funds Position Title HS Funds Equivalent and Benefits Contract Year 1 Contract Year 2 I/1/20 — 6/30/20 7/1/20 — 6/30/21 Federal Way Teen Contract Year 1: $54,900 $15,217 $3,583 Director 0.55 FTE for 6 mos. (Full-time salaried Contract Year 2: position) 0.07 FTE for 1 year Federal Way Teen Contract Year 1: $15 to $16.25/hr $19,391 $31,025 Youth Development 45 hrs/week for 6 mos-. + 7.5% (benefits) Professional Contract Year 2: (Part-time hourly 36 hrs/week for 1 yr. positions) Total: $119,535 $34,608 $34,608 Report forms shall be submitted no less frequently than quarterly and are due on the following dates: January 1, 2020 -June 30, 2020: January -March: April 15 or within 10 days of notice to proceed, whichever is later; April -June: June 15 including the Final Reimbursement Request and Service Unit Report forms. June 30 Demographic Data Report and Annual Outcome Data Report with supporting documentation. HUMAN SERVICES AGREEMENT - 4 - HSA Exh 5/2017 CITY OF Federal July 1, 2020 -June 30, 2021: July -September: October 15; and October -December: January 6; CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. o(wiftederaM,ov com January -March: April 15; and April -June: Final Reimbursement Request and Service Unit Report forms due June 15; Demographic Data Report and Annual Outcome Data Report with supporting documentation due June 30. The Agency shall submit Reimbursement Requests in the format requested by the City. Reimbursement Requests Invoices shall include a copy of the Service Unit Report and any supporting documents for the billing period. Estimated Quarterly Payments: January 1, 2020 -June 30, 2020 1 st Qtr $17,679.00 2nd Qtr $17,679.00 July 1, 2020 -June 30, 2021 1St Qtr $8,839.50 2nd Qtr $8,839.50 3rd Qtr $8,839.50 4th Qtr $8,839.50 Expenses must be incurred prior to submission of quarterly reimbursement requests. Proof of expenditures must be attached to the reimbursement request for invoice to be approved. Quarterly reimbursement requests shall not exceed the estimated payment without prior written approval from the City. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. Conditions of Funding The Agency agrees that it will meet the specific funding conditions identified for the Agency and acknowledges that payment to the Agency will not be made unless the funding conditions are met. HUMAN SERVICES AGREEMENT - 5 - HSA Exh 5/2017 e I C 4 01 0'II'IM1eTCr= 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 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 FACE SHEET Contract Number: S20-32102-01 Washington State Department of Commerce Community Services &c Housing Division Community Economic Opportunities Unit S20-32102-01 2. Contractor Doing Business As (optional) 1. Contractor City of Federal Way Community Services 33325 8"' 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. WA.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 SWV 001597-00 601-223-538 61-250-9901 14. Contract Purpose Funds will be used to support and supplement additional after-school recreational and educational programs to provide a safe environment for community youth. Contractor is approved to spend per each State Fiscal Year as follows: SFY20: $71.250 (7/1/19 — 6/30/20) / SFY21: $71,250 (7/1/20 — 6/30/21) COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Diane Klontz, Assistant Director Date <insert title> Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE S20-32102-01 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 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. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. S20-32102-01 4 GENERAL TERMS AND CONDITIONS SERVICES CONTRACT STATE FUNDS 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within -the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 10. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked with the COMMERCE program executing this Contract, including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 -month period preceding the start date of this Contract. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Contract. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for 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 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 REGISTRAT The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 20. LIMITATION OF AUTHORITY Only the Authorized Representative or the Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to S20-32102-01 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 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 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. • 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 Attachment B - Budget Form Use the budget format below to clearly delineate proposed costs for this project/pilot. You may add additional columns to provide greater detail if desired. Include key assumptions and any footnoted relevant budget narrative in the Notes column below. Please list Vour annual projections per state fiscal year. This form will be used to establish the budget line items for invoicing to Commerce. These projections will be used to gauge performance on an annual basis. Budget Detail Description SFY20 SFY21 Total Budget { Salaries and Wages Fringe Benefits TOTAL PERSONNEL BUDET $0 $0 $0 II SUB-CONTRACTOR(s) Provision of an after-school program for youth including personnel services, office and operating supplies, consultant or purchased services, communications, travel and training, educational materials, transportation and administrative fees. $71,250 $71,250 $142,500 TOTAL SUB -CONTRACTOR BUDGET $71,250 $71,250 $142,500 III GOODS & SERVICES Direct Services Occupancy (rent, electricity, phones, etc.) Rental Space for meetings Marketing Costs, Supplies, etc. Travel Vendor Other Costs TOTAL GOODS AND SERVICES BUDGET $0 $0 $0 IV INDIRECT COSTS (not to exceed 10%) TOTAL PROJECT C• $71,250 - $71,250 $142,500 S20-32101-01 Attachment B (Budget Form) 13 COUNCIL MEETING DATE: February 18, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: POOLING FUNDING BETWEEN SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) CITIES RELATED TO AFFORDABLE AND SUPPORTIVE HOUSING — SALES AND USE TAX (RCW 82.14.540) AS AUTHORIZED BY SUBSTITUTE HOUSE BILL (SHB) 1406 POLICY QUESTION: Should City Council adopt a Resolution to pool funds with other SKHHP cities collected in accordance with RCW 82.14.540? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: February 11, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business N Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. Resolution 3. Resolution 2019-06 Passed by the SKHHP Executive Board to Endorse Pooling HB 1406 Funds Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMEND.ATTION:: Option 1. MAYOR APPROVAL:' I]alc ,! > DIRECTOR APPROVAL: �Al2V20 i :1/1n Initial'Diilc u; ,I [i. COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the February 18, 2020 consent agenda for approval. Committee Chair Committee 4mber Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: Resolution: Pooling funding between South King Housing and homelessness Partners (SKHHP) cities related to Affordable and supportive housing — Sales and use tax (RCW 82.14.540) as authorized by Substitute House Bill (SHB) 1406 Financial Impacts: Pooling funds with SKHHP would reduce administrative costs associated with administering the funds within the City. Background Information: RCW 82.14.540 (authorized by Substitute House Bill 1406) allows cities and counties to recapture a portion of Washington State sales tax to be used to support affordable housing. On November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorizes a recapture of Washington State sales tax to support affordable housing for those at or below 60% of the area median income (AMI). Specifically, the funds may be used in the following ways: • Acquiring, rehabilitating, or constructing affordable housing; • Funding operations and maintenance costs of new units; or • For cities with populations less than 100,000, provide rental assistance. The revenue will be capped based on fiscal year 2019, which ended on June 30, 2019. The Department of Revenue has calculated the maximum capacity (cap) of $125,065.50 annually for the City of Federal Way. While the City of Federal Way has a population that is currently under 100,000 and would allow the funds to be used for rental assistance, the -population of the City of Federal Way is projected to exceed a population of 100,000 within the 20 -year period set forth within RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance. Additionally, while rental assistance provides critical support to residents facing eviction, rental assistance has a much shorter -term impact on fewer residents than supporting the preservation of affordable housing will Rev. 7/18 have. It is generally recommended to maximize the impact of the sales tax for affordable housing by investing in the acquisition, creation, or preservation of affordable housing that will serve low-income residents beyond the 20 -year period of the sales tax. As the City currently provides $86,800 in rental assistance via general fund and Community Development Block Grant funds, staff recommends using these funds for capital or acquisition projects to preserve affordable housing and maximize the potential impact of the funds. In the context of capital projects to acquire, develop, or rehabilitate affordable housing, the annual amount is a small portion of the needed funds for such projects, which may be multiple hundreds of thousands of dollars for rehab to multi-million dollars for acquisition and new construction. If looked at cumulatively among the SKHHP cities, RCW 82.14.540 creates a significant new revenue source for affordable housing. Over the next 20 years, the sales tax will generate $230-$240 million countywide and approximately $20 million for the SKHHP cities. Given the relatively small amount of money the tax will generate for individual jurisdictions annually, the Affordable Housing Committee (AHC) recommends pooling funds for rapid investment to maximize the impact of this revenue source and prioritizing serving those residents with the greatest need. Specifically, AHC recommends local jurisdictions consider the following policies: Pool funds with existing sub -regional collaborations or new partners and deploy funds as quickly as possible to maximize the impact of this revenue tool. This approach lets jurisdictions collaboratively address regional or sub -regional pipelines or capital or preservation projects. Cities that are members of A Regional coalition for Housing (ARCH) or South King Housing and Homelessness Partners (SKHHP) should take advantage of existing Interlocal Agreements (ILAs) to pool their resources to create funding sources large enough to have an impact in the realm of capital funding. Seattle and King County should closely coordinate with ARCH and SKHHP on investment of funds. On November 22, 2019, the SKHHP Executive Board took action to adopt SKHHP Resolution 2019-06, which urges each of the nine member cities to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540). Member jurisdictions will have a larger voice for projects that are proposed within their communities. Staff recommends the pooling of the City of Federal Way's funds with SKHHP provided that the other cities also pool funds. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the Mayor to transfer funds collected under the provisions of RCW 82.14.540 and City of Federal Way Ordinance 19-879 to the South King Housing and Homelessness Partners. WHEREAS, the 2019 State Legislature approved, and the Governor signed, the Laws of 2019, Chapter 338 (Substitute House Bill 1406), which allows cities and counties to recapture a portion of Washington State sales tax when it is used to support affordable housing initiatives; and WHEREAS, on November 5, 2019, the Federal Way City Council passed Ordinance 19-879, which authorized a recapture of Washington State sales tax that is estimated to generate approximately $125,000 per year for the next 20 years; and WHEREAS, on February 19, 2019, the Federal Way City Council authorized the Mayor to enter into an Interlocal Agreement with eight other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, the executed Interlocal Agreement states that "the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King county is through cooperative action and pooling public and private resources;" and WHEREAS, all ten jurisdictions of SKHHP have taken action to enact the sales tax recapture provisions established in RCW 82.14.540; and WHEREAS, on November 22, 2019 the SKHHP Executive Board took unanimous action to adopt SKHHP Resolution 2019-06, attached as Exhibit A, which urges each of the member cities and King County to pool 100% of the funds collected under the provisions of HB 1406 (RCW 82.14.540); and Resolution No. 20- Page 1 of 4 WHEREAS, if all nine cities pool the maximum extent of collected funds under RCW 82.14.540 to SKHHP, the estimated revenue would total approximately $1,000,000 per year for a 20 - year period; and WHEREAS, funds may be used for the purpose of acquiring, rehabilitating, or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and WHEREAS, cities that have a population of less than 100,000 may also use the funds for providing rental assistance to tenants, however, using the funds in this manner will require substantial administrative oversight with respect to preparing a program that requires city staff to review personal income information of individuals who request access to funds and accounting and auditing the use of the funds; and WHEREAS, the City of Federal Way is projected to exceed a population of 100,000 within the 20 -year window set forth in RCW 82.14.540, which will prohibit Federal Way from using funds for the purpose of providing rental assistance; and WHEREAS, counties and cities that enact the provisions RCW 82.14.540 may issue general obligation or revenue bonds, and may use moneys collected for the repayment of bonds; and WHEREAS, RCW 82.14.540 requires counties and cities that enact its provisions to provide annual reports to the Department of Commerce. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Finding. The administrative costs associated with managing a program that provides rental assistance to tenants combined with the annual reporting requirements established in Resolution No. 20- Page 2 of 4 Laws of 2019, Chapter 338 are likely to exceed Federal Way's estimated revenue collection. While $125,000 is a valuable revenue stream that can be used in Federal Way to support various affordable housing initiatives, a contribution to SKHHP will allow the use of funds to stretch much further and to make a far more profound and meaningful impact to addressing the affordable housing challenges faced in South King County. Section 2. The Mayor is authorized to take administrative actions necessary to direct funds collected under RCW 82.14.540 and City of Federal Way Ordinance 19-879 to SKHHP. Section 3. This authorization is contingent upon each of the other SKHHP cities taking similar actions directing funds collected under RCW 82.14.540 to SKHHP. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 20- Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 20- Page 4 of 4 EXHIBIT A RESOLUTION NO. 2019-06 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS URGING SKHHP MEMBER CITIES TO SUPPORT POOLING OF HB 1406 FUNDS. WHEREAS, in 2019 the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila and King County entered into an Interlocal Agreement (ILA) that formed the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the ILA, the member cities have a common goal to ensure availability of housing that meets the needs of all income levels in South King County; and WHEREAS, also pursuant to the ILA, the member cities wish to act cooperatively to formulate housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private - sector resources, to support implementation of the Washington State GMA, related countywide planning policies, and other local policies and program relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, also pursuant to the ILA, the member cities have determined that the most efficient and expeditious way for the parties to address affordable housing needs in South King County is through cooperative action and pooling of public and private resources; and -------------------------------- Resolution No. 2019-06 November 22, 2019 Page 1 of 4 Rev. 2019 WHEREAS, the ILA states that the parties intend that the ILA serves as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work; and WHEREAS, on July 26, 2019 the SKHHP Executive Board adopted Resolution 2019-05 which urges member cities to declare their intent to enact the provisions of HB 1406; and WHEREAS, Resolution 2019-05 states that the Executive Board commits to developing options and a recommendation, including for the proposed pooling of funding, that details funding commitments for each member city's legislative authority to consider for future subsequent action; and WHEREAS, HB 1406 is a powerful and meaningful funding source to further advance the efforts of the housing objectives established through the ILA that, if pooled, will generate approximately $1,000,000 per year for the eligible 20 year period (See Attachment A); and WHEREAS, the Executive Board adopts the recommendations contained within this resolution as a unified statement of support by SKHHP member cities. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board of SKHHP urges all member cities to pool the base sales tax credit revenues collected under HB 1406 and to allocate the full amount of those revenues to SKHHP. Section 2. In order to maximize HB 1406 funding within King County, the Executive Board of SKHHP urges all member cities to take Ordinance action on HB 1406 after King County takes action. -------------------------------- Resolution ------------------------------- Resolution No. 2019-06 November 22, 2019 Page 2 of 4 Rev. 2019 Section 3. The Executive Board of SKHHP urges King County to award HB 1406 funds to housing development based in the Urban Growth Areas (UGA) of SKHHP member cities in a manner that proportionately represents the cumulative population of the UGA's of SKHHP member cities. Section 4. The Executive Board of SKHHP commits to aligning the use of HB 1406 funds with the work plan required within the adopted ILA and the recommendation and priorities of the Regional Affordable Housing Task Force Five Year Action Plan. Section 5. Individual municipalities have unique housing needs and priorities and not every project proposal will align with a city's goals, policies, or laws. The intent and effect of this resolution is not to usurp a city's individual authority. Therefore. if funds are pooled for the ur ose of aiding in the creation or preservation of housing,the process for project consideration must allow the citV in which the project is proposed to first approve or re'ecI t theproposa prior to the Executive Board's commitment of funds to the project., Section 6. This Resolution will take effect and be in full force on passage and signature. Dated and Signed this 215� day of �OVQA69(— , 2019. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS 1\ re� n A 14 C i ' US, CHAT Resolution No. 2019-06 November 22, 2019 Page 3 of 4 • C Shawn Campbell, Auburn City Clerk Rev. 2019 SKHHP Resolution 2019-06 Attachment A Estimated HB 1406 Revenue by SKHHP Municipality (based on 2018 revenues) ------------------------------- Resolution No. 2019-06 November 22, 2019 Page 4 of 4 Rev. 2019 FEstimatea Aril ual FRevenue Auburn $154,992 Burien $65,477 Covington $43,678 Des Moines $29,793 Federal Way $124,142 Kent $185,467 Normand Park $4,866 Renton $236,380 Tukwila $162,046 Total (not including King County) $1,006,841.00 ------------------------------- Resolution No. 2019-06 November 22, 2019 Page 4 of 4 Rev. 2019 - COUNCIL MEETING DATE: February 18, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HORIZONTAL CURVE WARNING SIGNS — 85% DESIGN REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design and bid the Horizontal Curve Warning Signs and return to the LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: Feb. 3, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Senior Capital Engineer DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 3, 2020. Options Considered: 1. Authorize staff to complete the design and bid the Horizontal Curve Warning Signs and return to the LUTC and Council for bid award, further reports, and authorization 2. Do not authorize staff to proceed with this project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2020 City Council Consent Age"70r approval. [� MAYOR APPROVAL:,f ? J DIRECTOR APPROVAL: 5�j 1 1Z1I Zc� 'Uln ftrc uunci (hutial-Da(c Initial/Date nuiaill7asc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 18, 2020 consent agenda for approval. n C ' ee Chair Committee Mie 7ber Commit ee Mem er PROPOSED COUNCIL MOTION: "I move to authorize staff to complete design and bid the Horizontal Curve Warning Sings and return to the L UTC and Council for bid award, further reports, and authorization. " (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: February 3, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Capital Engineer V,_1 SUBJECT: Horizontal Curve Warning Signs — 85% Design Report and Authorization to Bid FINANCIAL FAPACTS: This project was included and is projected to be completed within the approved budget under Capital Project #218. In accordance with the approved budget this project is funded by a Federal grant in the amount of $519,700 and the remainder through miscellaneous Capital Street funds (Motor Vehicle Fuel Tax (MVET) and Real Estate Excise Tax (REET.)) Upon completion of this project, ongoing costs associated with operations and maintenance will be performed and funded through traffic sign maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BACKGROUND INFORMATION: This project will collect data, determine, and install the appropriate signage to upgrade to current MUTCD standard curve warning signs citywide. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Completed Ball Bank Study to determine if curves requires signage W Determination of appropriate signage ® Project Design to 85% • SEPA Exemption Review a Contract Specifications to 85% • Plans to 85% Ongoing Tasks Include: • Project Design to 100% • Contract Specifications to 100% • Plans to 100% Rev. 7/18 PROJECT ESTIMATED EXPENDITURES: Ball Bank Study $8,100 Design (by Consultant) $79,120 2020 Construction Cost $385,727 10% Construction Contingency $38,573 Construction Management (by City staff) $10,000 TOTAL PROJECT COSTS $521,520 AVAILABLE FUNDING: Federal Grant $519,700 Miscellaneous Capital Street fund transfers $4,600 (MVET/REET) TOTAL AVAILABLE BUDGET $524,300 PROJECT BUDGET SURPLUS: $2,700 After receiving bids, the total project costs will be refined and presented to the Committee and Council for bid award authorization. Staff anticipates bidding this project in March 2020. Construction is anticipated to start in Spring 2020 with an estimated substantial completion date in Summer 2020. Rev. 7/18 COUNCIL MEETING DATE: February 1S, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LAKEHAVEN WATER AND SEWER DISTRICT INTERLOCAL AGREEMENT ITEM #: 5n POLICY QUESTION: Should the City Council authorize the Mayor to execute an Interlocal Agreement with Lakehaven Water and Sewer District? COMMITTEE: Land Use and Transportation MEETING DATE: Feb. 3, 2020 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: EJ W ❑ Ordinance ❑ Resolution PE Public Works Director ❑ Public Hearing ❑ Other DEPT: Public Works Attachments:se and Transportation Committee memorandum dated February 3, 2020. T Iva' -k %GiI o Options Considered: 1. Authorize the Mayor to execute an Interlocal Agreement with Lakehaven Water and Sewer. 2. Do not authorize the Mayor to execute an Interlocal Agreement with Lakehaven Water and Sewer and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2020 City Council Consent Agenda for approval. MAYOR APPROVAL:% DIRECTOR APPROVAL: Z3�zc7 semi aouncil Initial'Date lnitiat0atc Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 18, 2020 consent agenda for approval. ttee Chair l Committee M rnl)er C'arnmlttee Member PROPOSED COUNCIL MO'T'ION: `I move to authorize the Mayor to execute an Interlocal Agreement with Lakehaven Water and Sewer. " (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: February 3, 2020 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director"' '✓ SUBJECT: Lakehaven Water and Sewer District Interlocal Agreement 101112E 191K111a1017 VVp This is a tool to allow both agencies to add scope of work, at their own cost, to projects the other agency is completing. As such, there are no financial impacts associated directly with entering the Interlocal Agreement. All financial impacts, for both agencies, will be associated with completion of future Council approved projects and identified as part of that project. BACKGROUND INFORMATION: The City of Federal Way and Lakehaven Water and Sewer District routinely enter project specific Interlocal Agreements to add scope of work, at the requesting agency's cost, to the other agency's projects. This has been a mutually beneficial relationship allowing both the City and the District to better leverage available funding and resources to complete projects. In discussions with Lakehaven Water and Sewer District they requested we enter into a master Interlocal Agreement that establishes set roles and relationships for all projects and allows the process to be more streamlined and utilize less staff resources on a project specific basis. After review by City staff, we are in agreement that this would be mutually beneficial to both agencies. The agreement is structured as a master Interlocal Agreement that covers all joint work for a period of ten (10) years from execution. For each specific project a `Task Order' is created and executed between the two agencies that outlines scope of work, fees, etc. For projects the City leads, this does not change the project pathway and City Council approval points. It does remove the duplication of staff presenting and receiving approval for both the project and then presenting and receiving approval to allow Lakehaven, through a project specific interlocal agreement, to participate. For projects that Lakehaven leads, City Council will still need to approve the expenditure of funds, however it also removes the duplication of staff presenting and receiving approval for funding and then presenting and receiving approval to participate in Lakehaven's project. After recording, return to: City of Federal Way Public Works Department Attn: Public Works Director 33325 8th Avenue S Federal Way, WA 98003 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN WATER & SEWER DISTRICT THIS AGREEMENT is made and entered into this day of 2020, by and between the City of Federal Way (hereinafter "City") and Lakehaven Water and Sewer District (hereinafter "District"), collectively referred to herein as the "Parties." WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, it has been determined by each of the parties hereto that it would be in the best interest of the citizens of their services if, in some circumstances, completion of construction projects is completed through a bidding process made up of more than one agency; and WHEREAS, the parties can achieve cost savings and other benefits in the public's interest by jointly contracting to perform certain construction activities, including letting of design and public works construction contracts in connection with their Projects; and WHEREAS, the parties routinely enter interlocal agreements for construction of specific projects; and WHEREAS, in 1995 the parties entered an interlocal bidding/purchasing agreement for equipment, goods and services. NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. GENERAL The Parties routinely enter interlocal agreements for the construction of specific projects that require interaction and development of specific agreements for each project. To create a mutual benefit, the Parties desire to enter into an Interlocal Agreement that sets forth (1) roles and responsibilities for mutual construction projects, (2) terms and procedures for the execution of work, (3) a task order process that can be used for the design, construction, and reimbursement of identified projects without the requirement to enter project specific Interlocal Agreements. Page 1 IV V DESIGNATED REPRESENTATIVES The City and District have designated formal points of contact for this Agreement as shown below. Each designated representative is responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. The Parties may change designated representatives by written notice to the other Party during the term of this Agreement. Task orders may designate other individuals as points of contact for each specific task order. City of Federal Way Public Works Director 333258 th Avenue South Federal Way, WA 98003 Lakehaven Utility District General Manager PO Box 4249 Federal Way, WA 98063 COOPERATION AND GOOD FAITH EFFORT A. The Parties understand and agree that the activities described in this Agreement depend upon timely, open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. B. The Parties acknowledge that this Agreement contemplates the execution and delivery of a number of future project documents, instruments, and task orders that are not presently determined. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of the task orders, and to promptly execute and deliver the same. TASK ORDERS A task order shall be prepared and executed by the Parties Designated Representatives for each work effort to be covered by this Agreement. Task orders shall be in a format similar to that shown in Exhibit A. Each task order shall contain a scope of work, a detailed cost estimate, and a schedule of work. The cost estimate shall establish a maximum funding level for the task order. Each task order shall be executed by the authorized representatives of the City and the District and shall incorporate by reference the provisions of this Agreement. CITY LED MUTUAL CONSTRUCTION PROJECTS A. Design and Pians, Specifications and Engineer's Estimate Upon execution of a Task Order, the District shall provide the City with reproducible construction drawings, special contract provisions, and other necessary documents, which will sufficiently detail requirements for the District Work to become a part of the Contract Bid Documents and Engineer's estimate for the Project. The necessary documents in this section shall be subject to City approval, which shall not be unreasonably withheld. Page 2 B. Bidding and Construction 1. It is the intention of the Parties that for all Task Orders the District plans and specifications be incorporated into the Contract Bid Documents for identified Projects in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. The District Work will be advertised as a separate bid schedule that will be part of the Base Bid for award. 2. The City shall call for bids for performing the Project and District Work. Following opening of construction bids for the Project, the City shall furnish for the District's review a tabulation of the bid responses submitted for the District Work. The District will be given the opportunity to review and comment on the low bidder; however, the City will have the sole discretion regarding the selection of the contractor. Within twenty days of receiving the bid tabulation, the District shall notify the City in writing whether the District approves or rejects their portion of the bid award. If the City elects to award a contract for the project, bid award will be made to the lowest responsive responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however, if no bids are received which, in the estimation of the District, are acceptable to the District for the District's Work, the District shall so immediately notify the City. Following such notice from the District that the bid results are unacceptable to the District, the City may elect to proceed with its portion of the Project, and the District Work shall be deleted from the Contract Documents. 3. Pursuant to RCW 39.34.030(5)(b), the City shall either (1) post the bid or solicitation notice on the City's web site, the website of a purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (2) provide an access link on the state's web portal to the notice. C_ Contract Administration 1. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the District in coordination with City staff. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. 2. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. D. Payment 1. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include, but are not limited to, the Page 3 District work performed by the City's Project contractor(s), the City's design and inspection consultants, and all District requested changes. 2. All payments shall be due from the District to the City within forty-five (45) days after approval by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. 3. The City shall make all disbursements to the Project contractors and consultants. VI. DISTRICT LED MUTUAL CONSTRUCTION PROJECTS A. Design and Plans, Specifications and Engineer's Estimate 1. Upon execution of a Task Order, the City shall provide the District with reproducible construction drawings, special contract provisions, and other necessary documents, which will sufficiently detail requirements for the City Work to become a part of the Contract Bid Documents and Engineer's estimate for the Project. The necessary documents in this section shall be subject to District approval, which shall not be unreasonably withheld. B. Bidding and Construction 1. It is the intention of the Parties that for all Task Orders the City plans and specifications be incorporated into the Contract Bid Documents for identified Projects in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. The City Work will be advertised as a separate bid schedule that will be part of the Base Bid for award. 2. The District shall call for bids for performing the Project and City Work. Following opening of construction bids for the Project, the District shall furnish for the City's review a tabulation of the bid responses submitted for the City Work. The City will be given the opportunity to review and comment on the low bidder; however, the District will have the sole discretion regarding the selection of the contractor. Within twenty days of receiving the bid tabulation, the City shall notify the District in writing whether the City approves or rejects their portion of the bid award. If the District elects to award a contract for the project, bid award will be made to the lowest responsive responsible bidder for the total Project subject to applicable laws and regulations. The District shall not proceed with the City Work until the District has received approval from the City for its portion of the bid award; provided, however, if no bids are received which, in the estimation of the City, are acceptable to the City for the City's Work, the City shall so immediately notify the District. Following such notice from the City that the bid results are unacceptable to the City, the District may elect to proceed with its portion of the Project, and the City Work shall be deleted from the Contract Documents. 3. Pursuant to RCW 39.34.030(5)(b), the District shall either (1) post the bid or solicitation notice on the District's website, the website of a purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (2) provide an access link on the state's web portal to the notice. C. Contract Administration The District shall provide the necessary administrative, construction Page 4 observation, and clerical services necessary for the execution of the Project, exclusive of such construction observation, material review and ancillary construction administration support provided by the City in coordination with District staff. In providing such services, the District General Manager and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The City grants to the District General Manager and/or his or her designee authority to act on behalf of the City sufficient to carry out the provisions of this Agreement. 2. The City shall notify the District, in writing, of any changes it wishes to make in the plans and specifications which affect the City Work, which changes shall be made, if feasible. The District shall notify the City, in writing, of any changes required of the City Work and shall obtain the City's approval of such changes. The City's approval shall not be unreasonably withheld. The City shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the City. D_ Payment 1. The City shall reimburse the District for all costs incurred by the District in performing the City Work, which costs shall include, but are not limited to, the City work performed by the District's Project contractor(s), the District's design and inspection consultants, and all City requested changes. 2. All payments shall be due from the City to the District within forty-five (45) days after approval by the City's Public Works Director or his/her designee of said sums billed to the City. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. 3. The District shall make all disbursements to the Project contractors and consultants. VII. INDEMNIFICATION AND HOLD HARMLESS A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by the District's breach of this Agreement. C. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Page 5 VIII. DURATION A. This agreement shall become effective immediately upon execution by both parties, and shall continue in force until terminated. It may be terminated by either of the parties by giving thirty (30) days written notice to the other; provided, however, that termination shall not affect or impair ongoing projects agreed to on or before the date of termination. Unless terminated earlier, or extended by mutual written agreement for an additional term, this agreement shall terminate ten (10) years from its effective date. IX. NOTICES A. Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative. B. Unless otherwise provided herein, all notices shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other party's Designated Representative as listed herein. X. AUDITS The Parties shall maintain accounts and records, including contract and financial records, which sufficiently and properly reflect all direct and indirect costs of any nature expended for work performed under this Agreement so as to ensure proper accounting for all monies paid. These records shall be maintained for a period of six (6) years after termination or expiration of this Agreement unless permission to destroy the records is granted by the Office of the Archivist pursuant to RCW Chapter 40.14 and agreed to by the Parties. XI. OTHER PROVISIONS A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. The District shall retain ownership and usual maintenance responsibility for the water and sewer mains and associated appurtenances. B. Upon completion of the construction and acceptance of the Project by the Contracting Party as fully constructed according to the Contract Documents, including requested changes, a final invoice shall be provided by the Contracting Party for any final payment due. The final payment of this final invoice shall, in effect, transfer ownership of the completed improvements to the party identified in the Task Order and each party shall thereafter be responsible for maintenance of its respective facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. Adherence to deadline dates established on specific project schedules is essential to the performance of this Interlocal Agreement. E. Each Party is responsible for their respective agency's approval process, including project updates and approvals of their governing board. F. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions Page 6 shall remain in full force and effect. G. Should any claims arise related to the incorporated work of the non -Contracting Party's portion of the Project, the Contracting Party shall handle and administer the claims in the same manner it would handle any other claims on the Project and be reimbursed for all expenses associated with handling such claims. The Contracting Party shall immediately notify the non -contracting party and keep it informed as to the progress of the claim. The non -Contracting Party will provide guidance regarding proposed terms of settlement. Any decision regarding the settlement or prosecution of a claim shall be approved by both Parties prior to being finalized. If the Parties cannot agree as to the prosecution or settlement of a claim, the non -Contracting Party may prosecute or defend the claim and the Contracting Party will assign such claims to the other. The non - Contracting Party agrees to pay all costs of prosecution or defense if assigned such claims and defend, indemnify and hold harmless the Contracting Party from all damages the suffered from the prosecution or defense of the claim. H. Each party reserves the right to contract independently with or without notice to the other party. Each Party shall bear its own costs of administering this Agreement. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Jim Ferrell, Mayor APPROVED AS TO FORM: J. Ryan Call, City Attorney ATTEST: Stephanie Courtney, CMC, City Clerk LAKEHAVEN WATER & SEWER DISTRICT John Bowman, General Manager APPROVED AS TO FORM: Steven H. Pritchett, General Counsel Page 7 Page 8 Exhibit A Task Order Format SERVICES AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR, SERVICES, COSTS AND CONSTRUCTION RELATED TO Task Order _ Project Title This Task Order is issued under the Inter Local Agreement between the City of Federal Way and Lakehaven Utility District. This Task Order establishes the scope, schedule, and budget for PROJECT TITLE. The Parties agree to perform the Services in the manner set forth in this Task Order. The effective date of this Task Order is , 20 Project Description. General Description of the work to be performed. May also include definitions if helpful/appropriate. • The Scope of Work is included as Attachment 1 to this Task Order. • The Schedule is included as Attachment 2 to this Task Order. ® The Cost Estimate is included as Attachment 3 to this Task Order. The authorized representatives of the parties have agreed to the terms of this Task Order by si2ninc,below. Far the City For the District Signature Signature Title Title Date Date Approved as to Form: Name, City Attorney Approved as to Form: Name, Lakehaven Legal Counsel Page 9 Task Order Attachment 1: Scope of Work. Provide detailed information regarding City/District Services contemplated by each task order. Use "Not used" for items not included in the scope for consistency among task orders. A. Project Administration. A.1. Coordination and Communication. A.2 Management and Administration. A.3 Agreements, B. Design and Review. B.1. Description of responsibilities, C. Permits and Approvals. D.1. Permit Requirements. D.2. Permitting and Inspection Activities. D. Biddinq and Construction. F.1. Description of responsibilities. E. Closeout F.1. Description of responsibilities. Page 10 Task Order Attachment 2: Estimated Schedule. Spreadsheet to be inserted. City of Federal Way and Page 11 Lakehaven Water & Sewer District Interlocal Agreement Task Order Attachment 3. Cost Estimate. Spreadsheet to be inserted. City of Federal Way and Page 12 Lakehaven Water & Sewer District Interlocal Agreement COUNCIL MEETING DATE: February 18, 2020 ITEM #:_5o CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITYWIDE ADAPTIVE TRAFFIC SIGNAL CONTROL -TRAFFIC CONTROL CENTER—AUTHORIZATION OF CONTRACT EXPENDITURE INCREASE POLICY QUESTION: Should City Council authorize an increase to the contract expenditures for the Citywide Adaptive Traffic Signal Control Traffic Control Center contract? COMMITTEE: Land Use and Transportation Committee I , MEETING DATE: February 3, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Naveen Chandra, P.E., Senior Capital Eno -neer Attachments: Staff report. Options Considered: ❑ Public Hearing ❑ Other DEPT: Public Works 1. Authorize staff to increase the contract expenditures for the Citywide Adaptive Traffic Signal Control — Traffic Control Center Contract. 2. Do not authorize staff to increase contract expenditures and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: o ite uncoi C,. fnusil f)arr InitoaU77a Inrsinl 17.rrc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 18, 2020 consent agenda for approval. Mark I11'oF7 . Committee Chair Martin Moore, Cornfnittee Member Hoang Tr Committee ember PROPOSED COUNCIL MOTION: "I move to authorize the increase of the contract expenditures by $6,000.00 for the Citywide Adaptive Traffic Signal Control Traffic Control Center 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 31, 2020 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Works Naveen Chandra, P.E., Senior Capital Engineert'l!�' SUBJECT: ' Citywide Adaptive Traffic Signal Control -Traffic Control Center —Authorization to increase Contract Expenditures Financial Impacts: The Citywide Adaptive Traffic Signal Control —ITS Improvements- Phase 1 & 2 and Phase 3 project is funded in the Capital Improvement budget (Project 202 &203 & Project 216). In accordance, with the approved budget, Project 202 & 203 is funded with $1.76 million from federal grants and $240,000 of City Utility Tax funds for match and Project 216 is funded with $680,000 from federal grants (Puget Sound Regional Council) and $120,000 from Capital Transportation Funding (REET). The Project also includes $75,000 from the Traffic Safety Fund (Fundl12) and $800,000 from Traffic Impact Fees for a total of $3,675,000.00. This increase in contract expenditures is for the Traffic Control Center contract is within the previously approved budget. The system operational costs will be paid out of Street Fund (Fund 101). Background Information: The adaptive traffic control system is a system that monitors traffic conditions in real time and modifies signal timing every signal cycle. This reduces delays and stops, thus improving air quality and safety. An existing conference room was converted in to a new Traffic Control Center. It was determined that this conference room space was needed and there was an existing open space (with three walls) that could be easily converted to replace the conference room. This work was not included in the original contract but is consistent with the scope of work the contractor was performing as part of the contract. The contingency was not adequate to cover the cost of this work, but the overall project budget does have enough funds. The Citywide Adaptive Traffic Signal Control -Traffic Control Center contract was awarded to Shaiman Contracting, Inc., in the amount of $109,907.61 and a contingency of $11,092.39 was approved for a total of $121,000.00 per City Council Consent agenda dated September 17, 2019. TRAFFIC CONTROL CENTER CONTRACT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total contract expenditures: Citywide Adaptive Traffic Signal Control- $109,907.61 Traffic Control Center — Original Contract Conference Room Replacement Change Order $17,069.80 Total Project Cost $126,977.41 Rev. 6/2019 February 3, 2020 Land Use and Transportation Committee Increase in Authorization- Citywide Adaptive Traffic Signal Control -Traffic Control Center Page 2 TRAFFIC CONTROL CENTER CONTRACT FUNDING: Previously Approved Funding including $121,000.00 Contingency Requested New authorization $6,000.00 Total Project Funding $127,000.00 Staff recommends to increase the authorization of contract in the amount of $6,000 for a total contract funding of $127,000.00. COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT ITEM #: 6a POLICY QUESTION: Should the City Council appoint a new member to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City ClerkQ DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). One (1) voting position representing businesses collecting lodging tax is vacant; one (1) application has been received in response to the City Clerk's recruitment process. At their February 18, 2020 Special Meeting the City Council interviewed Naomi Tilford. Options Considered: 1. Appoint Naomi Tilford to the Lodging Tax Advisory Committee with a term to expire October 31, 2021. 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A I /3�' CITY CLERK APPROVAL: Committee /aunciJ InitiaMate InitiaMate 1iu; fD tc PROPOSED COUNCIL MOTION: "I move the appointment of Naomi Tilford as a voting member of the Lodging Tax Advisory Committee with a term to expire October 31, 2021. (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 # COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS ITEM #: POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A CATEGORY: ❑ Consent ® City Council Business MEETING DATE: N/A ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Mayor's Office STAFF REPORT BY: Slrphallle Courinev. City C let -14 H y BACKGROUND: The Human Services Commission is comprised of nine (9) voting members and up to three (3) alter slates % hn are �ippointed by the City Council to serve three-year terms (per FWRC 2.55.020). There are a total of four (4) v,icant voting positions due to term expirations and two (2) vacant altemate positions. 5wo vl) applications were received in response to the City Clerk's recruitment process. At their February 18, 2020 Special Meeting the Council interviewed eight applicants seeking appointment to the Human Services Commission (Karen Brugato, .. axi, Kathryn Scanlon, Katherine Festa, Vivian Alexander, Joseph Franco, Denise Yuri, and Tony Pagliocco). OPTIONS CONSIDERED: 1. Make appointments to Human Services Commission as follows: Name Type Position Term 1 • Voting 01/31/2021 2. Voting 01/31/2023 3. Voting 01/31/2023 4. Voting 01/31/2023 5. Alternate 01/31/2023 6. Alternate 01/31/2021 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A / '3 L Committee ounc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A CITY CLERK APPROVAL: �i mt �a1; I]atc PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... _ BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # COUNCIL MEETING DATE: February 18, 2020 ITEM #: 6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION APPOINTMENT POLICY QUESTION: Should the City Council appoint members to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clem � k_; DEPT: Mayor's Office Background: The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the City Council to serve three-year terms (per F)VRC 2.50.030). There are currently three (3) vacant voting positions due to term expirations as well as one (1) alternate position. Two (2) applications were received in response to the City Clerk's recruitment process. At their February 18, 2020 Special Meeting the City Council interviewed Karen Brugato for re -appointment and considered Kenny Byrne a current alternate seeking appointment to a voting position [per Council Rules of Procedure 19.10(b) alternate who were previously interviewed within 12 months do not need to be interviewed again prior to appointment]. Options Considered: 1. Appoint the following candidates to the Arts Commission with terms expiring as follows: 1. Voting Member Expires 12/31/2022 2. Voting Member I Expires 10/31/2022 2. Direct the City Clerk to advertise for additional applicants for the Arts Commission. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A --P / o CITY CLERK APPROVAL: 1A Committee unci) Initial/Date Initial ate. er' InstiallDate PROPOSED COUNCIL MOTION: "I move the appointment of Karen Brugato and Kenny Byrne as voting members of the Arts Commission with terms to expire 12/3112022 " (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 # COUNCIL MEETING DATE: February 18, 2020 ITEM #: .— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SETTLEMENT AGREEMENT REGARDING THE VANMOORSEL LAWSUIT. POLICY QUESTION: Should the City Council approve the proposed settlement agreement regarding the VanMoorsel lawsuit? 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 Options Considered: 1. Approve the agreed upon settlement in the matter of VanMoorsel vs. City of Federal Way. 2. Refuse the proposed settlement and provide staff with directions. MAYOR'S RECOMMENDATION: Option 1. .rte J r MAYOR APPROVAL: N/A ,..R 1 ,q DIRECTOR APPROVAL: d(LG 2 1 2c7 Committee C unk!il Initial/Date In itial/Date Initial! date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed settlement in the matter of VanMoorsel vs. City of Federal Way in the amount of $395,000 with costs exceeding $250,000 to be paid by the City's insurer. „ (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: February 18, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney r5V--C_ SUBJECT: VanMoorsel Settlement Agreement Financial Impacts: The City has paid $95,743 in litigation costs to date and will pay an additional $154,257 before reaching the City's self-insured retention of $250,000, at which time the City's insurance carrier will pay the remainder of the settlement and any additional legal costs. The agreed settlement amount will be paid in exchange for a Release of All Claims against the City. Back arround Information: On November 25, 2015, Mr. VanMoorsel was traveling southbound on Pacific Highway/SR 99 enroute to work early in the morning when he hit a patch of ice that sent his pick-up truck sideways into oncoming traffic in the northbound lanes. Mr. VanMoorsel's truck was hit by an on -coming vehicle, which caused his vehicle to flip onto its side. Mr. VanMoorsel's truck was then struck by a semi -truck. Mr. VanMoorsel died of the injuries sustained in the accident. In October 2018, Christina VanMoorsel and the Estate of Anthony VanMoorsel served the City and multiple other parties. The lawsuit alleged the City was negligent and breached the duty to maintain adequate drainage of water, provide road lighting, failing to remove ice, to provide maintenance of the road where ice had formed, and failed to post warning signs to motorist of the hazard. The parties attended mediation and the City and their insurance carrier agreed to a settlement subject to Council approval of $395,000 with everything above the City's self-insured retention level of $250,000 coming from our insurance carrier. Rev. 7/18 COUNCIL MEETING DATE: February 18, 2020 ITEM #: —6-e— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: PROPOSED AMENDMENTS TO THE CITY COUNCIL RULES OF PROCEDURE POLICY QUESTION: Should the City Council amend its Council Rules of Procedure to adopt those changes directed by Council at the Special meeting of City Council held on February 4, 2020? COMMITTEE: N/A CATEGORY: MEETING DATE: N/A ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: Law Attachments: 1. Staff Report 2. Resolution 3. Proposed redlined Council Rules Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ,%% rp DIRECTOR APPROVAL: !W(_ 2,1070 mai e C ncil Initial/Date Initial/[late Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution amending the City Council Rules of Procedure. " 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: February 18, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney 0'9-C-- SUBJECT: '12L SUBJECT: Modifications of Council Rules Financial Impacts: These proposed modifications to Council Rules have negligible financial impacts to the City. Background Information: At the Special Council meeting held on February 4, 2020, Council directed staff to draft a resolution making the following changes to Council Rules: - Alter the regular meeting schedule have one meeting in August on the second Tuesday, to move the first meeting of November to the first Wednesday of the month, and to cancel the second meeting in December - Change all references to the "Deputy Mayor" to "Council President" - Memorialize in writing the process used for Councilmembers to propose topics for Council proclamations Staff also took this opportunity to make grammar, formatting, and language updates to the rules in order to correct variations that have crept into the rules over time due to piecemeal alterations and multiple authors with different writing styles. Rev. 7/18 and RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending the City Council Rules of Procedure. WHEREAS, the Federal Way City Council adopted the Council Rules of Procedure in 1992; WHEREAS, the Federal Way City Council has modified the Rules of Procedure many times since 1992; and WHEREAS, some portions of the Council Rules don't reflect current practices; and WHEREAS, the Federal Way City Council discussed modifications to the Rules of Procedure at a Special Council meeting held on February 4, 2020; and WHEREAS, the Federal Way City Council directed the City Attorney to prepare an amendment to the Rules of Procedure consistent with the discussion at the February 4, 2020 Special Council meeting to modify the rules to reflect current practice and to otherwise update them where appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Council Rules shall be amended to change all references formally known as Deputy Mayor to Council President. Section 2. Rule 2.1(a) shall be amended as follows: (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the exceptions outlined below. Resolution No. 20- - Page 1 of 4 Regular meetings of Council will begin at 6:30 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a majority of the Council must concur. If any Tuesday on which a meeting is scheduled falls on a legal holiday or election night, the meeting will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the month of August, one regular meeting of Council will be held on the second l uesday ofthe motrtll in lieu of meetings gii thc first and third Tuesdays. L: rlless a maiotit_y of CoLulcil -cites wllenvisc. tllc second regular meeting of Council in December (on the third Tuesdav) will not be held. Section 3. Rule 2.2 (c)(i) shall be amended as follows: (c) Proclamations and Presentations A Proclamation is defined as an official announcement made by either the City Council or the Mayor. City Council Proclamations are defined as those non -controversial events that have a major citywide impact. City Council Proclamations will be publicly read at a City Council meeting and presented to a representative of the event during the Council meeting. Mayor's Proclamations are defined as those non -controversial events which are requested by and for a special interest group within the City. Mayor's Proclamations are signed by the Mayor and forwarded to a representative of the event. Controversy is defined as a dispute, especially a lengthy and public one, between sides holding opposing_ views. The Mayor and Council President will determine together if a Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Cour c i I Proclamation be added to a regular 111ectBna a�_,ellda by stibiuIttim-, a cli-aft ofthe prop-«seci text of the Proclamationto the Council President or Ntivor_prior to the a�2.elldci setting meetiI'�tl?!� din Section 3 of these rules. Council Members who,y-opase a i':,�cl_ m :t 111Lus1 Resolution No. 20- Page 2 of 4 identify a person to receive the proclamation no later than noon on tltc Thursday before the meeting where it is to be presented. Gentrevefs), is defined as sl: -Lite. est3eei lly a ra,....tti..., .,.,dt)i-4-flic-,L3ne. -betweffi sides holding-appes' Section 4. Those language changes illustrated as underline and strikethrough changes in the attached exhibit are hereby adopted. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 6. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 8. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of .20 [Signature Page to Follow] Resolution 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: RESOLUTION NO.: Resolution No. 20- Page 4 of 4 CITY OF FEDERAL WAY CITY COUNCIL RULES OF PROCEDURE ADOPTED JANUARY 21, 1992 Amended March 17, 1992 May 19, 1992 July 21, 1992 December 15, 1992 April 20, 1993 January 18, 1994 June 7, 1994 September 21, 1994 December 6, 1994 November 16, 1999 February 19, 2002 February 19, 2003 April 6, 2004 March 7, 2006 May 15, 2007 September 18, 2007 March 3, 2009 February 16, 2010 November 23, 2010 December 7, 2010 February 1, 2011 March 1, 2011 February 7, 2012 November 3, 2015 March 15, 2016 March 7, 2017 March 5, 2019 .[eebruary 18. 2020_ OFFICE OF THE CITY CLERK _ _1 � Formatted: Font: 9 pt INDEX SECTION NO. TITLE PACE NO. 1 Authority 1 2 Council Meetings 1 3 Agenda Preparation 6 4 Council Discussion 7 5 Citizen Comment 7 6 Motions 8 7 Ordinances 10 8 Mayor _llii� 44H+ c>ikind iC'omicil Presidem 10 9 Council Relations with City Staff 11 10 Council Meeting Staffing 12 11 Council Member Attendance at Meetings 12 12 Public Hearings 14 13 Media Representation at Council Meetings 15 14 Council Representation and Social Media Use 15 15 Confidentiality 17 16 Council Travel & Expenses 17 17 Public Records 24 18 Deptt ouncil 1'residew Selection Process 25 19 City Advisory Committees 25 20 Council Committees 28 21 Filling City Council and Mayor Vacancies 30 22 Miscellaneous 33 23 Suspension and Amendment of Rules 33 SECTION 1. AUTHORITY 1.1 The Federal Way City Council hereby establishes the following Rules of Procedure ("Rules") for the conduct of Council meetings, proceedings and business. These Rules 613a14will be in effect upon adoption by the Council and until such time as they are amended or new Rules are adopted ,,," SECTION 2. COUNCIL MEETINGS 2.1 TYPES OF MEETINGS (a) Regular Meetings Council's regular meetings will be held the first and third Tuesdays of each month in Council Chambers, City Hall with the evicentions outlined below, Regular meetings of Council sings will begin at 6:30 p.m., and will adjourn no later than 10:00 p.m. To continue past this time of adjournment, a majority of the Council must concur. If any Tuesday on which a meeting is scheduled falls on a legal holiday or election nieht, the meeting sltal-}will be held at 6:30 p.m. on the first business day following the holiday, or on another day designated by a majority vote of the Council. In the mortth of August, one re lar meeting of Council will be Deli on the second 'l"uesdty of rl�c ntonth iti 6ieu of meetintts on the first and third TursJtays. Unless t maioriiy of Council vote=s ofliem•ise. the second regular meeting of C owl in Deco n cr ton the third — uesdav will not be held. (b) Sttecial Meetings A special meeting of Council is any Council meeting other than a Aegulart-otiiiei! meeting. Notice 6heAwill be given at least 24 hours in advance i', } specwl meeting specifying the time and place of the meeting and the business to be transacted. A Special Council meeting may be.edul aIle by the n........, Council President, the Mayor, or .,.� a majority of the Council Members. (c) Study Sessions Councils s9tudy �--,mions will be held; as needed as eal{ed bydirceted by. the Dql C. nuncil 1'resicicnt, the Mayor, orbytwo (2) or more Council Members. Study s -Sessions will be informal meetings for the purpose of reviewing€et4heaming prospeetivc_programs, receiving progress reports on current programs or projects, or Feeeiving ,k._- ..:-..flat inti .,m.,44ftto consider a topic in greeter detail than time might alba\, at a rel;ular or special meetin . No final Faction on a to i c may be taken at a seafi be ..,•.de it, tudy session. Action on tonics of study sessions will be taken at a regular or special meeting olm Council^ (d) F nicracrncv N9:Qi; ngti An ..1. mergencymecung is Council ^neting=alledwithouti-he 24-hour notice. An eEmergency meeting Jll be held only when urtniediate action of Council is necessary to avoid pr mitigaic Jur} to persans or 1Lperty and %Oben 24- hour notice of a special meeting is likely to increase the likelihood of such injury. 7.7..,ake r r.., . Emergency meetings maybe called by the Mayor or a majority of Council Members. The minutes will indicate the reason for the emergency nlctsti nti. (e) Executive Sessi on o fCounciI An eExecutive s -Session is that portion of na Council meeting that is closed to the public and attended by � the Council, the Mayor and auther-i-zed necessary staff members and/or consultants— +- O" iie-Mayes . The publie is fes*_:,..ed f ,..... 4endanee Executive sessions maybe held during Regular or Special Council meetings. Prior to entering an exec tivc session. the chair of the meeting wil I puhlicalh titttc the lcg,al baSiw for the executive session and the estimatcd time 11vo the meeting wi I I be closed to the public end will be annetsineed by the Mayor oi + . Should the estimated time of the executive; session be exceeded a public anneupeemebntannouncement will I, - made that the-xecutive scs5ion is being extended. State lav- limits the topics ihr it inav be discussed in eExecutive session s and incl% t such topics as ub�leels tire _ real property acquisition and sale, public bid contract performance, complaints against public officers and employees, public employment applications and public employee evaluation, elective office appointments and attorney-client discussions. Ee€etme- ke-se"SiOO. the PiiTi'--L-t+k ieetiqgg and fl �. .,.Jtime ..he ie sess....R will be e0neluded, �-3t'95f .. x,...751 �................,..,.... i,.... ,!in. ish.., .. e....•7.x.7 (f) Retreats The annual retreat will be scheduled before March 14 of each year. Council may request that the Mayor schedule a mid -year retreat at its discretion. 2.2 ORDER OF REGULAR COUNCIL MEETING AGENDA (a) Call MeetingToOrder The Mayor calls the meeting to order. The Mayor will announce the attendance of Council Members and indicate any Council Member who is not in attendance and whether or not the Council Member's absence ism excused. The !Mayor may, with the concurrence of the Council "�, take agenda items out of order. Agenda items may be added pursuant to Rule 3.3 of these Rules. (b) Pledge of Allegiance Council Members �~''�or invited guests lead the flag salute. (c) Pr(lC1S111n60T1S and 1'1eccntdtiOns i. A Proclamation is defined as an official announcement made by either the City Council or the Mayor. City Council Proclamations are defined as those non -controversial events that have a major citywide impact. City Council Proclamations sha4will be publicly read at a City Council meeting and presented to a representative of the event during the Council meeting. Mayor's Proclamations are defined as those non -controversial events which are requested by and for a special interest group within the City. Mayor's Proclamations are signed by the Mayor and forwarded to a representative of the event. ControN ersy is defined as a dispute. eslLecialiv a lengthy and public one. between sides bolding opposing views. The Mayor and itrt-rCouncil President sha4will determine together if tea Proclamation request is for a City Council Proclamation or a Mayor's Proclamation. Council Members may request that a Council Proclamation be added to a rc-,ular meeting,=ar:enda bv,ubmitting a dratl oftlte proposed text of the Proclainacio 10 the Council President or Mayor Crior to the agenda setting mecung outlined in Section 3 of these rules. Council Members who propose a Proclaniation mu4t idesi[ii% .± !o rcCci\ C Clic proclamation no later than noon on the. Tliursd.av bei'ore the inecung y0icre it is to be presented. jg_j F. ,-1'-:f3r`ti-fSti•rrei;`* sj's't'-Ji_•� 1 t 1,.-�--r'm.'-r'+-tki,t..between ii. Mavar- EmerginyIssuesandRepotC iii. Council Committee and Rmional Committee Reports iv.h + -�C ii_ rtln�_iV_f'. csilcrit Report (d) Citizen Comment Members of the audience may comment on items relating to any matter, except for topics prohibited by RCW 42.17A.555 (prohibiting the use of facilities of a public office to support or oppose a ballot measure or an election campaign for public office). Citizen comment sign-up sheets will be available at each regular council meeting for the use of those citizens wishing to address the Council. Comments are limited to three (3) minutes, except the follow sha44will li�be allowed five (5) minutes: a person whose property is the subject of a condemnation ordinance then pending before the City Council; - a person speaking on behalf of a group of more than five (5) in attendance; - a person speaking with written proof that more than five (5) other citizens have designated the speaker as spokesperson. No speaker may conveyor donate his or her time 4;,) i, to another speaker. The Mayor may allow citizens to comment on individual agenda items at times during the meeting other than the regularly scheduled Citizen Comment period. These agenda items include, but are not limited to, ordinances, resolutions and Council Business issues. (See also Section 5, "Citizen Comment" of these Rules.) (e) Consent Agenda Consent Agenda items have either been previously considered by a City Council Committee or are considered to be routine and non -controversial and may be approved by one motion. Any Council Member may remove an item from the Consent Agenda for separate discussion and action. (f) Public Hearings See Section 12 of these Rules for discussion of public hearing procedures. (g) Council Business Council Business items are those items other than itc,!77s ?17 resolutions, and ordinances requiring Council actionr;G err! j1Err <at (h) Ordinances First Reading. Discussion and debate by the City Council may be held at this time. Council Members may request amendments to the ordinance or direct staff to further review the ordinance. Citizen Comment in accordance with Rule 2.2(d) above will be accepted at First Reading of all Ordinances, unless there is a public hearing on the topic during the same meeting. ii. Second Reading and Enactment. Council Members approve the ordinance for enactment as an enforceable City law. iii. Mayor's Action. Upon successful passage of an ordinance, the Mayor wWmay: A. Approve the ordinance as passed by Council and sign the ordinance; or, B. Veto the enacted ordinance iffvA4"—,by submitting written objections to the City Clerk and the City Council within ten (10) calendar days; or, C. Not sign the ordinance, which will then become valid after ten (10) calet7dar days have elapsed. iv. Council Response to a Mayoral Veto. A. Upon receiving notice of a veto with written objections, the City Council may amend the agenda of the next City Council meeting to have the written objections read into the record during Council Business. The City Council may then take action at the City Council meeting or at the following City Council meeting. City Council may respond to a veto by: I. Reconsidering and modifying the enacted ordinance to incorporate solutions to the Mayor's written objections; or II. Override the Mayor's veto by a vote of five (5) Council Members (a majority plus one). B. If the Mayor does not sign an ordinance within ten (10) days of passage, the DepoYr E4 �1 CaLmeil F'r,�co,lcw sign the ordinance. V. Publication of the Ordinance The City Clerk Will publish the enacted ordinance title in the official newspaper, which will establish the effective date, after final action by the Mayor or the City Council. (i) City Council Reports Council Members may report on significant activities since the last meeting. 0) Executive Session Executive sSession may be held in accordance with Rule 2.1(e) above. (k) Adioumment With no further business to come before the Council, the Mayor adjourns the meeting. 2.3 MEETING MINUTES The City Clerk will keep an account of all proceedings of the Council in accordance with leeal and -state and local law. These minutes will constitute the official record of the Council. With the exception of scrivener's errors, official City Council meeting minutes will not be revised without a majority vote of the Council at a regularly s nleetin?, of Council Wig• 2.4 COUNCIL MEMBER SEATING City Council Members and the Mayor will be seated at the dais in the following order (counting from left to right when facing the dais from the audience): 7 (a) The Mayor and 14e.pla4- . ,�,,..:( t?Lk11CII NrL�' j[LI CII twill sit in chairs #4 and #5, respectively (the center seats at the dais); and (b) The remaining Council Members will be seated consecutively from left to right when facing the dais from the audience with position #1 being in chair #1, position #2 being in chair #2, and so on. SECTION 3. AGENDA PREPARATION 3.1 The City Clerk will prepare an agenda for each Council meeting specifying the time and place of the meeting and a list of each item to be considered by the Council. 3.2 The agenda is subject to approval by the PeFu'ouncll Presidcnt and one Committee Chair. The assignment of the Committee Chair will be for one year. Should the designated Committee Chair decline the assignment, the assignment will fall to the f next Chair in order. The !r Yid -Committee Chair t 1 keL] iI': ., r4 rhe COLIncil -in the following order: Finance/Economic Development/Regional Affairs Committee Land Use/Transportation Committee Parks/Recreation/Human Services & Public Safety Committee 3.3 An item may be placed on a Council meeting agenda by: (a) A majority vote of the Council; (b) Council Consensus; (c) By any two (2) Council Members; (d) By the action of a Council Committee; or (e) By the Mayor 3.4 The proposed agenda will be provided to all City Council Members no less than 48 hours prior to publication. 3.5 `rile Citt PktL?lj_.!,: , i . -4 the final agenda wfl no later than 5:00 p.m. on the Thursday prior to the Council meeting. n_ •�e,;-o.`- The complete Council packet will be_p ,1:.1 tip; no later than 5:00 p.m. on the Friday prior to the Council meeting. 3.6 A majority of Council may vote to amend a rRegular mMeeting a -Agenda after it has been published. Such amendments to the agenda must occur at the start of the public meeting. r1 �1 ahci'Lttl.ull of i nli.r11111ML T ilC [111b1k:iA011,,..11 least 24 -flours before 1�1�-5C�1liYLiill7 Il]�ti1111C. 3.7 Legally required or publicly advertised Public Hearings will take precedence over other agenda items. 3.8 All agenda packets and agenda items will be in the format provided by the City Clerk's Office. SECTION 4. COUNCIL DISCUSSION 4.1 All Council discussion _� iI._be governed by Robert's Rules of Order. Newly Revised. Where there is a conflict between Robert's Rules of Order and these rules, these rules shall will control. SECTION 5. CITIZEN COMMENT 5.1 Persons addressing the Council, who have not been invited to present as part of the formal agenda, will be requested to step up to the podium, give their name for the record, and limit their remarks to three (3) minutes. A person speaking on behalf of a group of more than five (5) in attendance or written proof that more than five (5) designate as spokesperson may speak for five (5) minutes. No speaker may convey or donate his or her time €oF-dr.eaIr+w&to another speaker. All remarks will be addressed to the Council as a whole, and not to individuals such as City staff members, Council Members or the Mayor. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous, threatening, or personally abusive while addressing the Council, may be corrected by the chair or removed from the meeting. 5.2 Written comments received prior to the start of the meeting will be accepted by the City Clerk. The City Clerk will read the written comment into the record during the Public Comment portion of the meeting. The time limits as set forth in Rule 5.1 will apply to written comments being read into the record. 5.3 The Mayor has the authority to enforce these Rules, preserve order at all meetings of the Council, and to cause the removal of any person from any meeting for disorderly conduct. The Mayor may command assistance of any peace officer of the City to enforce all lawful orders of the Mayor to e 3ztaititain order at any meeting. 5.4 Citizens with complaints, concerns or questions, should be encouraged to refer the matter to the Mayor, or ask that the matter be placed on a fixture City Council meeting, or Council Committee agenda with the appropriate background information. Any citizen who voices a concern or complaint at a City Council meeting that involves a potential violation of the City's Code of Ethics I1 be advised by the Council, the Mayor or City staff, of the existence of the City's Ethics Board, and of the procedures for requesting Ethics Board opinions or investigations from the Ethics Board. SECTION 6. MOTIONS 6.1 If a motion that requires a second does not receive a second, it dies. Examples of rn otions that do not need a second include: n -Nominations, withdrawal of motion, agenda order, request for a roll call vote, and points of order. 6.2 A motion rel:;ted to tin T : :r : or an ordin.tncc. g4i i. or revocation of a franchise or 1 icettsc. or any res l t:t +r fur ;lie !nvment that receives a tie vote is deemed to have failed. Otir nvi*+ it €.: n It, 10 I rOsk a tiC vote as oudiniA in Rt 1y 35A.1_'. 100._ , -' Formatted: Font: Not Bold 6.3 Motions should be made clearly and concisely, outlining the proposed action to be taken. Arguments in support of the motion should not be included in the motion. 6.4 After a motion and second, the Mayor will state the names of the Council Members making the motion and second. 6.5 After a motion has been made and seconded, the Council may discuss their opinions on the issue prior to_ voting. Council may question staff to1a seek (heir c . imoiis an the likely iiiirncP, n> :.ii,cr cs of a proposed course of action. No further citizen comments may be heard while there is a motion and a second on the floor, unless allowed by the Mayor. 6.6 When the Council reaches consensus without a formal vote on a topic that does not require a formal vote, the Mayor will summarize the agreement at the conclusion of the discussion. 6.7 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council. 6.8 A motion to table is used to set aside a pending motion to handle business that is more pressing. A motion to table may not interrupt the speaker that has the floor. It requires a second and a majority vote. It is not debatable, but it is proper (and often required for the member to briefly explain the reason -for the motion). If the motion to table prevails, the motion and all pending amendments to the motion are set aside to be considered at a future time when it is "taken from the table." A tabled motion may be taken from the table at any time during a regular meeting before it expires at the end of the next regular meeting. If an item is not taken from the table before the adjournment of the next regular session, the motion fails. 6.9 A motion to postpone to a certain time is the preferred method of postponing consideration of an issue to a future time. It is debatable as to the reason for the postponement but not to the merits of the main motion. It is amendable and maybe reconsidered at the same meeting. 6.10 A motion to postpone indefinitely ends consideration of the main motion without taking a direct vote on the merits of the main motion. It is debatable as to the reason for the postponement as well as to the merits of the main motion. It is not amendable, and may be reconsidered at the same meeting only if it received an affirmative vote. 10 6.11 A motion to call for the question shallcloses debate on the main motion and is undebatable. This motionintim requires a second and €a4- reguiresvoiht-ti+ a two-thirds (2/3) majority to pass+ete. Debate continues normally if the motion fails. 6.12 A motion to amend the motion is defined -a;antendi„g it R=otiei~that k e;Tthe -�lc,ew miv-cxa.. e 4.-eFi eeonded. byjq insertiqe or addiffg, strikgg4t out, strikes out and theft insert*, or substitute language in the niomn it seeks to modify. Motion to amend rugtttres a second ai iii a maloritj v 7t ►chi. Motions that cannot be amended include: Motion to adjourn, agenda order, lay on the table, roll call vote, point of order, reconsideration and take from the table. A motion to amend an amendment is not in order. 6.13 A Vending notion to iniend is mend eats are voted on first, then the main motion as amended is voted on (if the amendment received an affirmative vote). 6.14 The motion maker, Mayor or City Clerk should repeat the motion prior to voting. 6.15 At the conclusion of any vote, the Mayor or City Clerk will announce the results of the vote. 6.16 When a question has been decided, any Council Member who voted in the majority may move forreconsideration. A. bw nomotionforreconsiderationofavote- -�adeafter the meeting has adj ourned is out of or der. 6.17 The City Attorney shall will decide all questions of interpretations of these Rules and other questions of a parliamentary nature vh i eii that may arise at a Council meeting. (See Section 4 of these Rules.)_ --All cases not provided for in these Rules #aN-nill be governed by Robert's Rules of Order, Newly Revised. In the event of a conflict, these Rules shall will prevail. 6.18 Roll call votes will be taken during all televised Council meetings on non -unanimous votes, or if requested by a Council Member, or as required by law. The purpose of roll call votes is to assist the City Clerk in recording the vote and to communicate to the viewing public during televised City Council meetings the outcome of the vote. The official meeting minutes will always reflect roll call votes on each action item. 6.19 The Mayor's decision on a point of order may be appealed. If seconded, the appeal will be voted on by the Council. An appeal may not be amended, is not debatable when it relates to breaches of decorum, violations of the rules of speaking, the priority of business, or if the appeal is made while the-oprevious question remains pending. in the evefit of a tie vote, the Now . ,: of Hi of maney. An appeal is not in order when another appeal is pending. 11 SECTION 7. ORDINANCES 1 7.1 All ordinances sha4will be prepared or reviewed by the City Attorney. No ordinance sha4will be prepared for presentation to the Council, unless requested by a majority of the Council, the Mayor, or the City Attorney. 7.2 Ordinances will be introduced and enacted by Council Bill Number. After enactment, the City Clerk sha4will assign a permanent ordinance number. 7.3 The City Clerk or designee sha4will read the title of the ordinance prior to voting. 7.4 Upon enactment of the ordinance, the City Clerk sha4will obtain the signature of the City Attorney. After the City Attorney's signature, the City Clerk sha4will obtain the signature of the Mayor. After the Mayor's signature, the City Clerk sha4will sign the ordinance. +: : 'he Council of tkQ-eb4ee e+i--t0fi written 7.5 If the Mayor vetoes an ordinance �-��;�,z. � . Council obections to Council, the Council may vote on the disputed ordinance at the next City Council meeting. If a majority plus one of Council vote to approve the disputed ordinance, it becomes effective in accordance with the effective date in the ordinance. If a majority plus one of the Council does not approve the disputed ordinance, it fails. 7.6 Ordinances, or ordinance summaries, sha44will be published in the official newspaper immediately following enactment. 7.7 Ordinances become effective thirty (30) days after the passage of the ordinance unless otherwise specified til the iunit c;i'tlte ordinance. SECTION 8. MAVOR,44D DUP ".t`, , ."'�' WRESIDING OFFICER 8.1 The Presiding Officer at all meetings of the Council sha4will be the Mayor, and in the absence of the Mayor, N, ptity ouucil President will act in that capacity. If both the Mayor and Deputy a-�.ouncil President are absent, the Council Members present sha4will elect one of its members to serve as Presiding Officer until the return of the Mayor or gep '�*: ouncil Presidcc►1. 8.2 The Presiding Officer 61+a4will: (a) Preserve order and decorum in the Council chambers; (b) Observe and enforce these Rules; (c) Decide all questions on order, in accordance with these Rules, subject to appeal by any Council Member; 12 (d) Recognize Council Members in the order in which they request the floor. '41 C IThe Presiding Offcer, _awhen a Council Member acts as E'residin C#ffseer, that Council Member shall ha%'e ....'y be governed in all matters and issues by the same rules and restrictions as other Council Members,:md T t -I Formatted: List Paragraph, Lek, No bullets or numbering, Tab stops: Not at -1" SECTION 9. COUNCIL RELATIONS WITH CITY STAFF 9.1 There will be mutual respect from both City staff and Council Members of their respective roles and responsibilities when, and if, expressing criticism in a public meeting. 9.2 City staff will acknowledge the Council as policy makers, and the Council Members will acknowledge City staff as administering the policies of the City. 9.3 All written requ<Sts tt�r information fioin Co>ptril 111rml�ers to '� ^�' -'' "" '^' wi I1 be submitted by City staff, after approval of the Mayor, to all Council Members with a notation indicating which Council Member requested the information. 9.4 Council Members sha4will not attempt to coerce or influence City staff in the selection of personnel, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. 9.5 The Council sha4will not attempt to direcIN control elimige or `m"-feiv "vidi the operating rules and practices of any City department. 9.6 Mail that is addressed to tale Council _is a wbaleGeunei 1 klembeni sha;1jyjj whole will be copied and circulated to all City Council Members by the City Clerk, as soon as practicable after it arrives. 9.7 The City Clerk sha4will not open mail addressed to individual Council Members if it is marked personal and/or confidential. 9.8 No Council Member sha4will direct the Mayor to initiate any action or prepare any report that is significant in nature, or initiate any si'rni f icant project or study without the consent of a majority of the Council. New initiatives policy .�will be directed to a Council Committee for consideration. 9.9 India idu it Council Members may make_�direct requests for information .asoma eil:° to 4x—J140partrnent dDirectors Hnl..._ eth ic,Mined by the ilwe f 13 the feqtrctRequcsts that will� create a change in work assignments or City staffing levels, the fe ,,,{ �._ t must be made through the Mayor._ _ _ _ _ _ _ _ Formatted: Font: Not Bold 9.10 Whenever practicable.. CotlpCli klenMbcrs_will t4ffle. Cowlel l MernheFs provide staff advance notice of any questions or concerns they may -have regarding an agenda item or topic of debate prior to asking those questions or e\pressim, rhotic concerns in a public meeting e. SECTION 10. COUNCIL MEETING STAFFING 10.1 The Mayor shallwill preside over all regular meetings of the Council unless excused. The Mayor may make recommendations to the Council. When the Mayor has an excused absence, the lw M*yefCouncil President sh will preside over the meeting. 10.2 The City Attorney sha4will attend all meetings of the Council unless excused, and s4a4will, upon request, give an opinion, either written or oral, on legal questions. The City Attorney 1 shaRwill act as the Council's parliamentarian. The Deputy or Assistant City Attorney sha4will attend meetings when the City Attorney has been excused. 10.3 The City Clerk, or designee, sha44will attend rRegular anti special meetings of the Council, keep the official journal (minutes), and perform such other duties as may be needed for the orderly conduct of the meeting. SECTION 11. COUNCIL MEMBER ATTENDANCE AT MEETINGS 11.1 EXCUSED ABSENCES Excused absences are defined as follows: (a) Death o.€ imntediate family member "Immediate Family" is defined as the Council Member's parent, spouse or domestic partner, child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in- law, grandparent, grandchild, aunt, uncle, or the step -relation equivalent to those listed. (b) Illness Illness of a Council Mfember or of an immediate family member, as defined above, requiring the member to personally attend and care for the immediate family member provided that the illness does not necessitate an absence longer than six (6) months. (c) Three nonconsecutive absences 14 Three (3) nonconsecutive absences per calendar year provided that prior notice is given to as referenced in Rule 11.3. (d) Absences for Council Business A' Council Member who is absent because of other commitments representing Council or because of circumstances beyond the Council Member's control, whi eh i1w .d. but am Fiet hw.,.._., ...such as due to traffic, weather, or an accident. 11.2 VACANCY OF OFFICE 1 Council position shall become vacant if the counciltnember fails to attend ggee-t-three (3) .;onsecutive regulatetncetintsof the counCil Wi[haut being excused bythe counciI- k,eri sh—FIR - - (RCW 35A.12.060) 11.3 Council Members will inform the Mayor, the��ouncil President, or City Clerk if they are unable to attend any Council meeting, or if they knowingly will be late to any meeting. The minutes will show the Council Member as having an excused absence. 11.4 ATTENDANCE FROM A REMOTE LOCATION (a) Purpose. The City Council recognizes the benefits of the fullest practicable attendance and participation by its Members and by the Mayor and hereby allows €ef attendance front a remote location r -of -_ regular, special and ccintntttttc nteettn�s of Council niegsas' i i4s Committeenwe4Hts,-E,... µ through the use of electronic FHetifis ineluding ---, eh two-way communication methods such as speakerphones orinferno communication platforms. ' ~~ '� r ' ..•.,a: ~'`'Y`'` Attendance from a remote location w44 L5 not le -permitted for executive s -Sessions. (b) Effect. Votes Cast lry the Council Meinbet anendin rg entoiel4- will have tltc sante effect as votes cast by members physically Present at the meetinc.. he C— i Chambers.- id el:fieiefi; .PcMayor, Cotmc it President or C ouncil Member acting as Presiciittg_(_7fficer must be ph sisal , present at the mcctine. (c) Intent. Attendance from a remote location is intended to be an alternative and relatively infrequently -used method for participation at meetings by Mtfrembers of the Council. 15 (d) Limit. Only three Council Members may attend any City Council meeting by remote communication. Council Members intending to participate in a meeting from a remote location should let the City Clerk know as soon as possible of his/heheir intention. The City Clerk will confirm that one of the three remote connections is still available for that specific meeting. Only two Council Members may attend any Council Committee meeting by remote connection. Council Members intending to participate in a meeting from a remote location should let the staff as• yned to supaport the Committee .'gin„ ir�.t-r f know as soon as possible of his4hertheir intention to attend remotely. The Staff per-seiiStaff will confirm that one of the two remote connections is still available for that specific meeting. (e) System Requirement. All communication to and from the remote location must be clearly heard by all others in attendance. (f) Protocol. In any meeting involving remote attendance, at. the beginnine of mectin the !presiding Gafficer shal4will inform all present E)f the intent .,. use _e ffl to t the ly,..,..Y,.:.�.:�a�.f'e:..�rri ci i..... n�,,..,.r 6...11 Einfwk fie #mac--� :, teal! in attendaiiee that a particular Mmember of the Council Hid or Mayor is pfesertt .. . ...6e _�.6..,.... 1 ., selectronic means and confirm that all participants can hear each other clearly. This confirmation will be recorded in the meeting minutes. If the Council Member or Mayor who is attending from a remote location will not be participating through the entire meeting, the presiding officer will announce through what portion attendance by remote location will occur. If remote communication is irreparably broken or significantly degraded during the meeting; the presiding officer s4aRwilI confirm the loss of the connection and close the remote attendance. The Presiding Officer %k i 11 at this time state if quorgin for the meeline lhil, bccit <t,;f_.:: 1! by the loss of the connection_ SECTION 12. PUBLIC HEARINGS 12.1 TYPES There are two types of public hearings: legislative and quasi-judicial. The Mayor will state the public hearing procedures before each public hearing. Citizens may comment on public hearing items. 12.2 LEGISLATIVE PUBLIC HEARINGS 16 The purpose of a legislative public hearing is to obtain public input on legWadve decisions on matters of policy. . such as comprehensive land use plan or the biennial budget. 12.3 QUASI-JUDICIAL PUBLIC HEARINGS The purpose of a quasi-judicial public hearing is to decide issues •-6tidi•- the rights of specific parties and include, without lifnitatie. certain land use matters such as site-specific ri•rones. rreliniinar�. plats, aild variatices. The Cite Council's deciwson on a quasi-judicial matter mutil be based upnii ind 5ul,t,rn,ed y tlic "r cord" in ih i7l:iucr. The iTecord-consists of all testimony or comment preseilii•d of ih�: aiii �dl docwnrnG� and exhibits that have been submitted azN ?a.ri of Ilia xil +iii:: _ . 111 ilua.t i -judicial hearings, Council Members s4*4will complywith all applicable laws including: i : �' ,' • '� the appearance of fairness doctrine (Chapter 42.36 RCW). APPEARANCE OF FAIRNESS. The Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but is meant to avoid an appearance of conflict of interest to the average person. This may involve the Council Member or a Council Member's business associate, or immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents and/or opponents before or after the hearing, business dealings of the Council Member's employer with the proponents and/or opponents, announced predispositions, and the like. Prior to any quasi-judicial hearing, each Council Member should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If so, no matter how remote, the Council Member should disclose the facts to the Mayor who will seek the opinion of the City Attorney, which will be communicated to the Council Member and the Mayor. SECTION 13. MEDIA REPRESENTATION AT'TENDENCE AT COUNCIL MEETINGS 13.1 All public meetings of the City Council, Council Committees, and Council aAdvisory PARAS bodies 4grc-lie open to the media. Media rePresetii:.iives nt:ir freely. *L ' "'� nuke audio or video recordings of Council ",eoe4ggs. ing by ra:^ fele-visiond Meetings, provided that s li aFFa ,.- &ne. i+sq does not interfere with the orderly conduct of the meeting. Seating space sha4will be provided for the media at e t -h -public meetings. SECTION 14. COUNCIL REPRESENTATION AND SOCIAL MEDIA USE 14.1 All public communications should model the same professional behavior expected during Council meetings or community meetings, and reflect favorably on the speaking Council Member, the City Council as a whole, and the City. 17 If a Council Member appears on behalf of the City before another governmental agency, a community organization, or through the media, for the purpose of commenting on an issue, the Council Member sh&Rwill state the majority position of the Council, if known, on such issue. Personal opinions and comments A,hiehthat differ from the Council majority may be expressed if the Council Member clearly states that the views expressed do not represent those of the City Council or the City of Federal Way. 14.2 Council Members need to have other Council Members' e&:-e�pernrission before representing to media another govet7tntental agency. a cort7murtit} organization or to any third party: (1) another Council Member's view or position; or (2) the majority of Council's view or position 14.3 SOCIAL MEDIA Social media posts such as blogs, Facebook, and Twitter may be used by Council Members to communicate with the public, provided the following guidelines are used: (a) To comply with the Public Records Act (PRA), Council Members swill follow those archiving procedures outlined in Rule 17.3 Social Media Records. (b) Social media &ha4will not be used to conduct City Council business other than to informally communicate. Public notices, items of legal or fiscal significance that have not been released to the public, and discussion of quasi-judicial matters may not be included in Council Member- social media posts. (c) Responses to social media posts shaRwill be limited by the provision of the Open Public Meetings Act so as not to constitute an open public meeting if a quorum of the City Council was to participate. (d) In order to demonstrate openness and willingness to listen to the entire community, Council Member posts on social media sites should be made through a public -facing page or by marking individual posts available to the public as a whole. (e) Disclaimers, per Rule 14.4 are used. (f) If a Ceouncil Member makes a factual error in a public communication, it-- hey should h-- ,: i "e'i ed u.i se _ correct the error i,, di� ee % eivdas soon as possibl . Blog posts may be corrected by amending a previous post with a note that a correction was made. Council Members are encouraged to maintain social media sites with settings that can restrict a user's ability to comment in order to avoid inadvertent discussion that may violate the Open Public Meetings Act. 18 14.4 SOCIAL MEDIA DISCLAIMERS Social media postings A+&4will include, or reference a link to, disclaimers that state: (a) The views expressed represent the views of the author and may not reflect the views of the Federal Way City Council or official City policy. (b) Responses to the communication by other Council Members may be limited by the provision of the Open Public Meetings Act under which a policy discussion must be held in an open public meeting if a quorum of the City Council participates. (c) Comments posted in response to a Council Member -initiated communication may be subject to public disclosure under the Washington State Public Records Act. SECTION 15. CONFIDENTIALITY 15.1 Council Members sh-a4will keep confidential all written materials and verbal information, including Lu1 ntai 11.1111,cd 10 the l:lji [tii .lnd%or tl:e SUbSUMCC, 1�ro�ided to th.'ir: cli.uin cctril�c �'c�inn>, [ir lha - li1,11 1.7.7 Citv's position is nl t cclml lomis d. Canfi l�nlialit� also includes fnrornianwi provided to Council Mernbers ouisi le o XecuttvC ti 516i1a when the information is considered to be exempt from disclosure under exemptions set forth in the Revised Code of Washington (RCW 42.23.070(3)). 15.2 If the Council, in eExecutive session, has provided direction or consensus to City staff on proposed terms and conditions for any type of issue, all contact with the other party should be done by the designated City staff representative handling the issue. Council Members should obtain the permission of the majority of Council prior to discussing the information with anyone other than other Council Members, the Mayor, the City Attorney or City staff designated by the Mayor. Any Council Member having any contact or discussion with a third 1,1arty related ro a confidential communication_wlllneeds to make full disclosure to the City Council in a timely manner. 15.3 If a Council Member believes a topic or discussion in e -Executive session is improper, the Council Member may refuse to participate and leave the eExecutive s -Session and say nothing outside of the e€xecutive s -Session. SECTION 16. COUNCIL TRAVEL AND EXPENSES 16.1 PURPOSE AND ADMINISTRATION M The objectives of this policy are to provide elected officials who incur authorized travel, subsistence, registration, and related expenses while on city business, reasonable and timely mechanisms for the reimbursement and/or the advancement of such necessary funds, as well to provide guidelines overniY what l es of expenses are reimbursable to the Council Member. purposes, will be ifieuffed by !he „I• Ley .., ves, to _ ovide dekn.- h. _. .}k . Claimants have the responsibility for becoming knowledgeable about authorized expenditures and the documentation requirements. Care must be taken to avoid unnecessary or excessive expenditures and those not directly and reasonably related to the conduct of City business. 16.2 DOCUMENTATION Except for per diem allowances, no claim for reimbursement sl+a-llwill be paid unless it is accompanied by a be.a fide vendor's receipt. Such receipts should show the date, a description of the purchase, vendor identification and amount paid. 16.3 CLAIMS Claims for reimbursement sha4will contain the following: (a) The name of the person who consumed the goods or used the service for which reimbursement is requested, whether it be for meals, lodging, transportation or any other purpose; and (b) A description of the event, occasion or circumstances related to the claim and the public policy or public purpose served. 16.4 MEALS Meal costs must be incurred directly by the claimant; direct billing to the City by a restaurant is prohibited except by way of an authorized City credit card. 20 Payment for table service at a restaurant, commonly referred to as a tip, not to exceed 15% of the restaurant price of the meal, is reimbursable as a reasonable and necessary cost for such service. 16.5 PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS The reasonable cost of necessary meals while conducting City business is authorized for reimbursement. All City officials claiming reimbursement for meals consumed while on City business «ill be entitled to reimbursement not to exceed the per diem rate as established by the Mayor and modified from time to time. Notwithstanding the foregoing iz;rle%-Z5:diem rare, actual meal costs may be claimed when they are part of a regularly scheduled business event such as a training seminar, professional meeting, or other business meeting. If the costs of meals for persons other than the claimant are included, unless otherwise approved by the Mayor or designee, those persons must be entitled to meal reimbursement in their own right and they shagwill be listed by name and title in claim documentation. 1 16.6 NON-REIBURSABLE MEAL COSTSLL-\ P-1 V) 1 1 -- F `� ""(H d' LUI D B' E "„••��d .Non -reimbursable nieaf costsexpendiftifes inelude osts include, but are not limited to: (a) 6"of,%leoliol. (b) Expenses of a spouse or other persons not authorized to receive reimbursement under this policy. 16.7 TRAVEL Reimbursement for reasonable costs of business travel is authorized. hese A guide!i sus. 16.8 CITY VEHICLE Out -of -the -area costs of vehicle operation sAic•la as gas, oil, tires, and iiecessurti i-epau•s are authorized_ 16.9 PERSONAL VEHICLE 21 Expenses sl+allwill be reimbursed for travel within a 300 mile radius of the City at such rate per mile as shallwill be established from time to time by the but not to exceed the then current maximum rate allowed by the United States Internal Revenue Service for reimbursement of such expenses for purposes of business travel expense deductions. Trips beyond this limit will be reimbursed at the lower of: (1) the established rate per mile; or (2) the lowest available airfare obtainable by the City plus mileage reimbursement at the then current City rate, based upon the estimated distance between the airport and the destination. Incidental travel costs such as parking, ferry or bridge tolls are reimbursable as they would be if a City vehicle was provided. 16.10 RENTAL VEHICLE The cost of vehicle rental is considered an exception to this policy and must be approved by the ;ice—^-1-ry"t_ ounciI President or designee in writing. Council Members will accept optional additional insurance coverage offered by the rental agency as part of the rental agreement. 16.11 AIR TRAVEL Arrangement for air travel on City=related business s4allwill be arranged as outlined below: (a) Whenever feasible, the need fef air travel arrangements should be t,*FeA-t4�nlr at least 5 weeks in advance of the departure date. (b) The authorized procurer will arrange for air travel based on the lowest available airfare for a regularly scheduled flight that reasonably accommodates the time of travel requested, and the destination as specified. (c) The authorized procurer will purchase the tickets at the time the rate is quoted and the Council Member will be advised of the arrangements for acquiring the tickets. (d) If personal travel is combined with business_ related travel, the traveling Council Member shallwill be responsible for paying the increase in airfare necessary to accommodate the personal part of the flight. The City shallwill pay the lowest available airfare for the round trip between the Seattle/Tacoma airport and the business-related destination. Such payment for personal travel shallwill accompany the City's payment to the vendor for the tickets whenever feasible. (e) If changes in travel plans occur that are the result of City business requirements, (i.e. delays in departure, cancellations, extended stays, or revised itinerary) any associated costs shallwill be paid by the City. However, all increase in cost of travel due to changes for personal convenience will be borne by the Council Member. (f) Officials who obtain airline tickets on their own will be reimbursed based on the lower of: (1) Actual out-of-pocket cost paid for the airline tickets or alternate means 22 of transportation (substantiated by a receipt); or (2) the lowest airfare available for their time of travel, unless an exception is granted in writing by the Deptit� A4 tCounci I_ President or designee. In this case, the official must pay the cost ofthe travel and seek reimbursement along with all other travel expenses. Direct billing of airfare to the City is allowed only if ordered by the City -Staff, as may be authorized by the Council President. 16.12 FIRST CLASS AIR TRAVEL First class air travel is not authorized. 16.13 OTHER TRAVEL EXPENSES Miscellaneous travel costs such as bus, taxi, bridge or other tolls, parking, ferry, porter, bellman and the like (not including any maid service) are authorized by a listing of same as provided by the reimbursement form. Payment of a reasonable amount for porter service, bellman service and the like is considered to be a necessary payment for such service and, therefore, reimbursable. 16.14 VENDOR'S RECEIPT A vendor's receipt will be required only when the single item cost 0' expense exceeds $10.00. Local parking, ferry and bridge tolls may be reimbursed through the &etty cc -ash system, subject to the Petty Cash Guidelines. 16.15 OUT-OF-STATE OR OVERNIGHT TRAVEL To be eligible for any City reimbursement for out-of-state and/or overnight travel expense, the one-way travel distance must be greater than 50 miles from the City or home. 16.16 ACCOMMODATIONS Reasonable hotel/motel accommodations for officials are acceptable and will be reimbursed at the single room rate. A vendor's receipt for this category is required for all claims. Direct billing of hotel/motel charges is not allowed unless by way of an authorized City credit card. 16.17 INCIDENTAL EXPENSES Includes all reasonable and necessary incidental expenses and includes, but is not limited to, the following: (a) "'� zGWA -131-F—Alk)Hable�:Far'rt � r�� Iltci�lentxl 'y`'", �--r.F—NISESExpenses; - Laundry expenses if away from home four (4) or more calendar days.. - ' Formatted: Bulleted + Level: 1 + Aligned at: ` 1" + Indent at: 1.25" 23 - Baggage checking- Formatted: Bulleted + Level: 1 + Aligned at: 1 1" + Indent at: 1.25" J - Business telephone and postage expenses. Personal telephone calls home, if-- - - Formatted: Bulleted + Level: 1 + Aligned at: away from home for more than a 24 hour duration, are considered a business 1" + Indent at: 1.25" telephone expense - (b) " t � I� nn.-alkp ablc Incidcntal Expenses: A.1-1=o14'.A BI—k lNC444l EXPPiSES - Personal entertainment- Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" 1 Theft, loss or damage to personal property.. •— _ ' Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" - Expenses of a spouse, family or other persons not authorized to receive- - - Formatted: Bulleted + Level: 1 + Aligned at: reimbursement under this policy I 1" + Indent at: 1.25" Barber or beauty parlor services- - Airline and other trip insurance - Personal postage, reading material, telephone calls. - Personal toiletry articles - 16.18 NON -TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY Reimbursable expenses are_subicct to the following: (a) Meals consumed by the City official during meetings and other functions which conduct official City business or serve to benefit the City a Federal Way -are reimbursable to the official. t- Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" t- Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" t- Formatted: Bulleted + Level: 1 + Aligned at: 1" +Indent at: 1.25" t- Formatted: Bulleted + Level: 1 + Aligned at: 1" + Indent at: 1.25" (b) Generally, the City will not incur costs for refreshments, and other related items, for meetings or functions held in the normal course of business or that are attended solely by City officials. However, such meetings or functions wherein a municipal function, public purpose, or City program is served or furthered, and wherein the City Council has expressly approved the meeting as such, the City may incur such costs directly or as a reimbursement to employees who have incurred such costs on behalf of the City. (c) Refreshments purchased solely for personal entertainment are not a legitimate City expense. 16.19 CEREMONIES AND CELEBRATIONS 24 (a) Reasonable expenses, including food and beverage, associated with commemorating a dedication or an unveiling; special awards and recognitions of employees or quasi - employees; meetings or ceremonies with or involving officials from other governmental entities, including sister cities are recognized as serving a public purpose are legitimate City expenditures. (b) Private celebrations rather than public celebrations are not generally considered as serving a public purpose. Refreshment, food and beverage related costs would therefore not be recognized as legitimate City expense. (c) Support of a local "event" or celebration may not take the form of a gratuitous contribution of public funds to a private person, committee or organization. Expenditure of public funds on a publicly sponsored event requires the existence of a recognizable public purpose that relates to the City's existence, proper authorization from the legislative authority for such public sponsorship, and a reasonable relationship between the amount of the City's expenditure and the "public" nature of the event. 16.20 MEAL REIMBURSEMENT FOR NON -CITY OFFICIALS Council Member claims for the reimbursement of meal costs for non -city employees and non -city officials sha4will be documented and approved by the Mayor or designee. The documentation must identify: (a) The names of the individual or individuals being hosted; (b) Their official title or capacity as it related to City business; (c) The nature of the topic or topics discussed, nature of the occasion, what public purpose or public policy was served; and (d) How this activity was an appropriate way to carry out that purpose or policy. 16.21 CLAIMS AND APPROVAL PROCEDURE All claims sha4will be submitted for reimbursement using the form provided by the City Finance Depan E.cnt . 1'rr ,,cel :md sttl�i .tencc expenses except for incidental and minor costs will not be paid from any L]�'ctty asl7 ;_v-und, unless it is in compliance with petty cash policy adopted by the City. 16.22 Approvals required by this policy sheAwill be obtained by Council Members from the Perkliy ouncil.Presidcnt or designee. 16.23 Claims may include the reimbursable costs of other City officials who would be entitled in their own right to claim business expenses. 16.24 Claims of Council Members must be approved by the Mayor or his/her designee for reimbursement. 25 16.25 Exceptions to the expense rules for unusual circumstances maybe approved at a regular City Council meeting by a majority vote of the Council Members present at the meeting. 16.26 In preparation of the City's budget, Council Member travel and training expenses shallwill be anticipated and included in budget appropriations to reflect the planned Council attendance at annual conferences of municipal officials, such as the National League of Cities or Association of Washington Cities. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are allocated in the budget must be approved by the geputy N! i,�et Couned President or designee. Meetings, conventions or training programs that require expenditure of funds to be reimbursed or paid on behalf of Council Members that are not anticipated and not allocated in the budget must be approved by the Pepmw'*yffCUunciI Pitsident in consultation with the Mayor. 16.27 REPORT A report, oral and/or written as appropriate, sh"will be made to the Council at a regularly scheduled Council meeting as soon as practical, following said conference, seminar or training, in order that the full Council may benefit from the training experience received by the Council Member who attended. A record of such reports she4will be maintained by the City Clerk. The Mayor shallwill make an annual State of the City report, orally or in writing, to be available to the public during the first quarter of each year. The Mayor shft4will provide an el✓xecutive sSummary following each City Council retreat which shallwill be made available to the public. SECTION 17. PUBLIC RECORDS 1 17.1 Public records created or received by any Council Member skeuld will be transferred to the City Clerk's office for retention by the City in accordance with the Public Records Act, Chapter 42.56 RCW. Public records that are duplicates of those received by, or in'the possession of the City, are not required to be rewinedtransferred to the City. Questions about whether or not a document is a public record or if it is required to be retained should be referred to the City Attorney. 17.2 Geeireme eafHmenteatiewilhai dafte4 Feltoete the PdfieitaRHI Fe. ._.,sibil:,_. ofthe ra �t ,_ .l 9 not eetimitate a publie eeefd. All ether—messages that relate to the W functional responsibility of the recipient or sender as a public official constitute a public record. All electronic communications, whether concurrent or serial, must be considered in light of the Open Public Meetings Act. No Council Member 4"- \yill communicate electronically to more than two other Council Members in the same correspondence. This does not apply to communications limited to the purpose of calling special and emergency meetings. If the intended purpose of the electronic communication is to have a discussion that should be held in an open meeting, the electronic discussion should not occur. Further, the use of electronic communication to form a collective decision of the Council violates the Open Public Meetings Act. 17.3 SOCIAL MEDIA RECORDS Council members who use social media platforms or forums that are supported by the City's archiving software are required to enroll the account with the social media archiver. Council Members who make posts to unsupported platforms must screenshot their posts and public responses to their posts and e-mail them to the Council Member's City e-mail account as an interim archiving method. Comments posted in response to a Council Member initiated communication may be subject to public disclosure under the Public Records Act and must be archived. SECTION 18. P&PU T !' 44 ` r RCOUNCIL PRESIDENT SELECTION PROCESS 18.1 The = ;- - ' n -il President shal-lwill be nominated and elected from the ranks of the sitting Council Members. 18.2 The � M,+yv�i Council President shiaRwill be elected for two (2) year terms at the first Regular City Council meeting in January of the applicable year, by a majority vote of the City Council in accordance with RCW 35A.12.065. The City Council may rescind the vote of the 9epm), N+wy&K'.ouncil President by a simple majority. Ifavacancy occurs, the Council sha4will elect a PepEity NUye Council President to fill the unexpired term. 18.3 The Mayor or designee sh"will conduct the election for the Deputy Ma),OrC ouncil. President. (See Appendix "A" to these Rules.) SECTION 19. CITY ADVISORY BODIES 27 19.1 Federal Way's commissions, committees and task forces ("advisory bodies") provide an invaluable service to the City. Their advice on a wide variety of subjects aids Council Members in the decision-making process. Effective citizen participation is an invaluable tool for local government. 19.2 These Council advisory bodies originate from different sources. Some are established by ordinance while others are established by motion of the City Council. It is at the discretion of the Council as to whether or not any advisory body should be established by ordinance. 19.3 Federal Way advisory bodies bring together citizen viewpoints wilieli might not otherwise be heard. Persons of wide-ranging interests who want to participate in public service but not compete for public office can be involved in governmental commissions, committees, and task forces.'[ i nally, tT-hese bodies ot.:K Iiave also served as a training ground or stepping stone for qualified persons who are interested in seeking public office. 19.4 As Federal Way advisory bodies have been formed since incorporation, the adoption of uniform rules of procedure is necessary to assure maximum productivity. The following policies govern the City's advisory groups; some of these advisory groups may have more specific guidelines set forth by ordinance, resolution, the Federal Way 1Ze4 }sed Code, or at times by state law. 19.5 Every advisory body, when it is formed, will have a specific statement of purpose and function, which will be re-examined periodically by the City Council to determine its effectiveness. This statement of purpose is made available to all citizen members when they are appointed. 19.6 The size of each advisory group is determined by the City Council areathe s4e is rdaccord in to its duties and responsibilities. Another determination to be made prior to formation is the cost mipaeu f staffing a proposed advisory body. 19.7 The Council may dissolve any advisory body that, in their opinion, has completed its working function or for any other reason. 19.8 Members and alternate members of all advisory bodies are appointed by majority vote of the Council Members4UF • g il fe U6F! - 19.9 Council will interview new applicants at a 5-Special cEouncil meeting. Any Council Member who attended the public interview session &ha4will be eligible to vote on the recommendation to be made to the full Council. The full City Council sheAwill vote on the appointments to the Advisory Bodies at a regularly scheduled Council meeting, unless the appointment is made under Rule 19.12. 19.10 Vacancies on Commissions will be filled as follows: (a) Filling Vacancies at End of Term 28 To fill a vacancy created by the expiration of a term, City s -Staff will advertise the nit: e€the open position to the public. The citizen currently serving in the position may reapply for the same position. All applicants, including the incumbent, will be interviewed pursuant to the process outlined in Rule 19.9. (b) Filling Vacancies Mid -Term When a citizen advisory position becomes vacant mid-term, the City Council may appoint an alternate who is already serving on that same board or commission to fill the mid-term vacancy. Alternates who were previously interviewed within 12 months of the vacancy being created do not need to be interviewed again prior to appointment as a voting member. 19.11 Council Members will raise any concerns about any recommendation prior to the City Council meeting that is scheduled for the approval of the appointment. 19.12 Vacancies will be advertised not more than three times so that any interested citizen may submit an application. Council Members are encouraged to solicit applications from qualified citizens. In the event there are an insufficient number of applications to fill the vacancies, the Deputy oiinciI President will solicit new appointments and notify the City Clerk. The City Clerk will notify Council Members of the proposed appointment(s). Any Council Member may contact the City Clerk to request the interview process as set forth in Rule 19.9. If no Council Member requests the interview process, the $ -41 +ter[ will appoint said new applicants and announce the appointment at a regular City Council meeting. Applicants must be citizens of the City of Federal Way if required by the Federal Way ,-;+_. s:'•I Code or if required by the City Council. Applications shellwill be available from the Office of the City Clerk. 19.13 Lengths of terms vary from one advisory body to another, but in all cases overlapping terms are intended. On special work task forces, where a specific project is the purpose, there need not be terms of office. 19.14 Newly appointed members will attend an orientation no later than ninety (90) days after rite appointment _—The orientation will include a presentation by the City Attorney, or designee, to address applicable laws, including the Federal Way Ethics Code, and receive a briefing by the commission, committee or task force chairperson, the Council Committee Chair and/or City staff. The briefing will include the duties and responsibilities of the members of the advisory body. Each ne%,Iy-appointed member will receive an information packet' s that will include a commission, committee or task force membership list, responsible City staff member, statement of purpose for the advisory body which may include an ordinance, resolution, bylaws, or annual work program and a copy of the City of Federal Way Ethics Code. 19.15 All advisory bodies will be responsible for adopting their operating policies consistent with the establishing resolution or ordinance. 29 19.16 All meetings of advisory bodies are open to the public in accordance with the public meeting laws of the State of Washington, which requires a minimum 24-hour advance notice; no advisory committee will schedule a meeting earlier than 7:00 a.m. 19.17 The number of meetings related to business needs of the advisory group may be set by the individual body, unless set forth in a resolution or ordinance. Notice of all meetings, including date, time, place and principal subjects to be discussed will be published in accordance with t tate public meetings laws of *the State of N ashineian and the --City policy_-i&� m i czi+W f3S i cots' 19.18 The advisory body chairperson will be responsible for coordinating the meeting agendas with the appropriate City support staff. 19.19 Minutes will be kept !: ry C1 « „-u �r+01 S° J H of all meetings in accordance with the public l %) ;,,ti �ca-1-i.-1--1a1--�?Tx�s;6�rri! 2--- i�-'�5Hf� i � P' ,,.111 L..a. meeting laws of the State— ' _ 19.20 Excessive absenteeism, excluding illness or required travel, is cause for the removal of an advisory body member. Three (3) consecutive absences will be considered resignation from the body unless prior to the third absence, the member has requested, and been granted, an excused absence. The advisory body granting the excused absence will determine the validity of the request. 19.21 Members may resign at any time their personal circumstances change to prevent effective service. Members may be removed, from any advisory body, prior to the expiration of their term of office, by a majority vote of the City Council. 19.22 A quorum for conducting business is a simple majority of the membership of the advisory body. 19.23 At the first meeting of each calendar year, or upon appointment, all members of advisory bodies s4a44will provide a written list of all memberships on boards and employment to the Chair and to Staff. The list shallwill include the members and immediate family (spouse/partner and dependant children). It is the responsibility of the member to update the list when changes occur. The purpose of the list is to avoid any instance of conflict of interest. No i-�l-member of an adt isory bod) twill use a*44tekheir official position for financial gain armor personal advantage. 19.24 Lobbying efforts by any advisory bodies on legislative, or political, matters should first be checked for consistency with existing City policy by contacting the Mayor's office. In the event a position is taken that differs from that of the City's policy, an advisory body acting as an official body of the City of Federal Way, cannot represent that position before another 30 body, i.e., the State Legislature or the King County Council. An individual member is free to voice a position, oral or written, on any issue as long as it is made clear that he or she is not speaking as a representative of the City of Federal Way, or as a member of his or her advisory body. Members of advisory bodies speaking to another body to voice their personal beliefs on a topic should not cite their position as a member of a City of Federal Way advisory body. 19.25 Members of advisory bodies are encouraged to attend City Council meetings to keep abfeast current exon Council actions. 19.26 The City Council may transmits referrals for information or action through the meed–tn the applicable Council Committee Chair to the advisory groups. These advisory groups m�transmit findings, reports, etc., to the City Council through,—WflN,0F afid t-hestaff or (he applicable Council Committee Chair. 19.27 While the City staffs role is one of assisting the commission, committee or task force, the City staff members are not employees of that body. The City staff members are directly responsible to his or her Department Director and the Mayor. 19.28 Annually, each advisory body sliallwill develop a work program for the City Council's consideration and approval. The City Council may amend the advisorybody's work program. SECTION 20. COUNCIL COMMITTEES 20.1 Council committees are the policy review and discussion arms of the Council. Committees fflay study issues and develop recommendations for consideration by the Council. Committees may not take binding action on behalf of the City unless a quorum of the City Council is present, the Council Committee has been advertised as a Special Meeting of the Whole City Council and, by majority vote, the City Council has directed that such action occur at the Council Committee. Council Committee structure 6ha4will be as determined by the City Council in January of each year. The committees are as follows: - Finance/Economic Development/Regional Affairs Committee - Land Use/Transportation Committee - Lodging Tax Advisory Committee - Parks/Recreation/Human Services & Public Safety Committee 20.2 Committees sha44will establish regular meeting schedules as determined by the Chair of the Committee in consultation with the Committee members.111k] 11; %] ay: �- 20.3 Each committee will have staff support assigned by the Mayor. Staff will work with the committee chairs to set agendas, provide support materials and prepare reports. 31 20.4 Summaries of each meeting will be prepared by staff and distributed to the Mayor and Council Members. 20.5 The Mayor or LounciI President may send issues directly to committees for their review in lieu of being referred to committee by the entire Council. 20.6 Committee appointments (chairs and members) shfi4will be made by the Bept+ty - _ r. ,i. Thel? j�katrrt: , u_rcil l'rc-ident will consider the interests and requests of individual Council Members in making committee assignments. 20.7 Membership of each committee will consist of three (3) Council Members. Council Members are expected to attend a majority of each respective committee meetings for each calendar year. 20.8 The Ek} +' rrt*rt':•:: :I 11�cwidcnt may serve as an ex officio (voting) member of a committee when a quorum of committee members is not available. If, during a meeting when the t:+ -y. ' i:; d is serving as an ex officio member, a quorum of committee members appears at the meeting, the 4ept l a+rCouncil Prej&nt will no longer serve as an ex officio member unless there is a pending matter before the committee I that the Drig kity Ni ttyot Cuur c i 1 1'r:•sitm-; has participated in discussions for and is prepared to vote on. 20.9 The : Cowiiwi I l'rc4t drnl will make committee assignments each January, with members serving two (2) year terms. Council sl}aflwill ratify the E �4—my,:+Council President's committee assignments at the Council Meeting. The President has the discretion to appoint or remove Committee members at any time, subject to ratification by the Council. SECTION 21. FILLING CITY COUNCIL & MAYOR VACANCIES 21.1 PURPOSE The purpose of this section is to provide guidance to the City Council when a Federal Way Council Member or Mayor position becomes vacant before the expiration of the official's elected term of office. Pursuant to state law, a r+ r,,,i+ a-ojio ittcci to ilii a vacancy-sl-,E� 44ed-t4n: ! t 6i1+-•+�= r +r - i r1 serves the remainder of the unexpired term. 21.2 REFERENCES RCW 42.30.110(h) - Executive Session Allowed to Consider Qualifications of a Candidate for Appointment to Elective Office. 32 RCW 42.30.060 - Prohibition on Secret Ballots. RCW 42.12 - Vacant Position. RCW 35A.12.050 - Vacancies - Filling of Vacancies in Mayor -Council Form of Government. 21.3 APPOINTMENT PROCESS (a) A Council position or Mayor position s'R °' � '� , fa _ -rrr-oc-irrcFif#�i'r-t:tt�: et�Y�JI`�. vacant upon the occurrence of any of the causes of vacancy set forth in RCW 42.12.010, including resignation, recall, forfeiture, written inteat4-e-resipati0 , or death of a Council Member or Mayor. The Council Member or Mayor who is vacating his or her position cannot participate in the appointment process. (b) The Mayor sha4will direct staff to begin the Council Member appointment process and establish an interview and appointment schedule, so that the position is filled at the earliest opportunity. The City Council sl+&4will direct staff to begin the Mayoral appointment process and establish and interview and appointment schedule, so that the position is filled at the earliest opportunity. (c) The City Clerk's Office sheAwill prepare and submit a display advertisement to the City's official newspaper, with courtesy copies to all other local media outlets, which announces the vacancy and lists the following~ :ori with the -�fw rereuisite, to holding public office: (1) be a registered voter of the City of Federal Way; and (2) have a one (1) year residency in the City of Federal Way. This display advertisement shallwill be published once each week for two (2) consecutive weeks. This display advertisement shal-lwill contain other information, including but not limited to, time to be served in the vacant position, election information, salary information, C •iniui' \ lenihei• or N4z�yoi a aPA-duties of the position, Oi-e-deadline afe- �-for submitting applications, interview and appointment schedules, and suehrother information that the City Council deems appropriate. (d) The City Clerk's Office shaUwill prepare an application form ,-�-htcli-tli,.a requests appropriate information for City Council consideration of the applicants. Applications will be available at City of Federal Way offices, King County libraries located in Federal Way, the Federal Way Chamber of Commerce office, the Federal Way School District administration office and smoother locations that the City Council deems appropriate. Copies of the display advertisement will be provided to current members of City of Federal Way commissions, committees, task forces and other City -sponsored citizen groups. (e) Applications received by the deadline t!, d +will be copied and circulated, by the City Clerk's Office; to the Mayor and City Council. Aiij,k�:i i Ppackets may 33 also contain additional information received such as endorsements, letters of reference, and other pertinent materials. (f) The City Clerk's Office shaUwill chedule inter%iew times for the aplalicants during regular or special nfceting of CL)uncil, po, (g) The City Clerk's Office shallwill notify applicants of the location, date and time of City Council interviews. (h) Prior to the date and time of the interview meeting, the Mayor or Deputy Ma wf ounci I P_President shallwill accept one interview question from each Council Member. 21.4 INTERVIEW MEETING Each interview of an applicantk-m• t• shallwill be no more than 30 minutes in length as follows: (a) The applicant shallwill present his or her credentials to the City Council. (10 minutes) (b) The City Council shallwill ask the predetermined set of questions, which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions, and will have two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) (d) The applicants' order of appearance will be determined by a random lot drawing performed by the City Clerk. (e) The Council may reduce the 30 -minute interview time if the number of applicants exceeds six (6) candidates, or alternatively, the Council may elect not to interview all of the applicants if the number exceeds six (6) candidates. The decision as to which applicants to interview will be based on the information contained in the application forms. 21.5 VOTING Upon completion of the interviews, Council Members may t& -discuss the qualifications of the applicants in an executive session. However, all interviews, deliberations, nominations and votes taken by the Council shallwill be in open public session. 34 (a) The Mayor shft4will ask for nominations from the Council Members for the purpose of creating a group of candidates to consider. No second is needed. (b) Nominations are closed by a motion, second and majority vote of the Council. (c) Council Members may deliberate such matters as criteria for selection and the nominated group of candidates. (d) The Mayor sha4will poll Council Members to ascertain that Council Members are prepared to vote. (e) The City Clerk sha4will proceed with a roll -call vote. (f) Elections will continue until a nominee receives a majority vote of the remaining Council Members. (g) At anytime during the election process, the City Council may postpone elections until a date certain or regular meeting if a majority vote has not been received. (h) 4 4+ter tai+ Fohey shall p. ent t e Utaon a min orit3, vote. City Council may f fe�aim into e -Executive s -Session to further discuss the applicant- s ' • to qualifications. (i) The Mayor s4a4will declare the nominee receiving the majority vote as the new Council Member. The appointed Council !14cnlbe_r�t� �a11u tll be sworn into office by the City Clerk at the earliest opportunity ef-and no later than the next regularly scheduled City Council meeting. (j) If the City Council does not fi 11 a vacancy within 90 days of the declared vacancy, the Re -ase ° -`�`"4.4ifietanstate la",delegates appointment powers to King County. SECTION 22. MISCELLANEOUS 22.1 When Council Members register to attend an official conference requiring voting delegates, such as the :uinual '�:3_ional League of Cities or Association of Washington Cities, the Council deswn;il< the voting delegate(s) and alternate voting delegate(s) during a lx111!1C meet tag. by a 111,t•1L7rity vole; when possible, said selection of voting delegate(s) be Clone on a rotating basis for the purpose of allowing all Council Members the opportunity to be an official voting delegate. 35 22.2 Use of city -owned equipment to update personal social media sites or e-mail accounts is subject to Employee Guideline Section 9.7 (Office Equipment Use Guidelines and Procedures), which allows for incidental use of city equipment for personal needs, provided the activity does not cause the City to incur additional cost or liability or pose additional risk to security, privacy or conflict with another City policy. Use of city -owned equipment or e- mail accounts for campaign purposes is prohibited by RCW 42.17A.555 SECTION 23. SUSPENSION AND AMENDMENT OF RULES 23.1 Any provision of these rules not governed by state law or ordinance, may be temporarily suspended by a two-thirds (2/3) majority vote of the Council. 23.2 These rules may be amended, or new rules adopted, by a majority vote of the Council. 36 APPENDIX "A" € i y 3.1-.vV4-WCOUNCIL PRESIDENT ELECTION PROCESS (1) Any Council Member may nominate a candidate; no second is needed. (2) Nominations are closed by a motion, second and 2/3 vote of Council. (3) If only one (1) nomination is made, it is appropriate to make a motion and obtain a second to instruct the City Clerk to cast a unanimous ballot for that nomination. Approval is by majority vote of Council Members present. (4) If more than one (1) nomination is made, an open election is conducted by roll call vote. (5) To be elected, the nominee needs a majority vote of the Council. (6) Elections will continue until a Dep my WounriI Pres idem is elected by a majority vote of the Council. (7) The Mayor sha4will declare the nominee receiving the majority vote as the new Deputy �r.-4<-rF�l�lill!1 �'I y �t;il. �E1C�--1`✓ra•--tii}i:].{.. .'rc4trf—:a- �, K:\mayor\city council\council rules\2019\2019 Council Rules clean 37 COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: PROPOSED AMENDMENTS TO THE CITY'S CODE OF ETHICS ITEM #: 6f POLICY QUESTION: Should the City Council amend the City's Ethics Code to adopt an exception to the definition of a gift to allow City officials to accept offers of free entry to charitable events? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ ❑ City Council Business z STAFF REPORT BY: J. Ryan Call, City Attorney Ordinance ❑ Public Hearing Resolution ❑ Other DEPT: Law Attachments: 1. Staff Report 2. Resolution 3. Proposed Code of Ethics with redline changes. Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date DIRECTOR APPROVAL: c5ec zhi h o In It aiiIn�/Da etet ' Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution amending the Code of Ethics. 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: February 18, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: Amendments to the Code of Ethics Financial Impacts: The proposed amendments to the Code of Ethics have no financial impacts to the City. Backy_round Information: At the Special Council meeting held on February 4, 2020, Council directed staff to draft proposed modifications to the Ethics Code to allow City officials to accept offers to attend charitable and civic events free of charge. The proposed rule adopts language taken directly from the ethics rules for state officials and exempts from the definition of a "gift" "admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization." Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, Amending Code of Ethics Section 2.4 — Gift, to allow acceptance of a gift for charitable and civic events. WHEREAS, the City Council for the City of Federal Way, Washington established a Code of Ethics for the City Council, and for Commissioners and/or Board members in Resolution No. 91-54; and WHEREAS, Section 2.4 of the Ethics Code defines a Gift; and WHEREAS, the definition of Gift does not allow Council officials to accept offers to attend charitable and civic events free of charge; and WHEREAS, the City Council desires to modify Section 2.4 of the Ethics Code to allow admission to, and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental, or community organization as identified below. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Section 2.4 of the Federal Way Ethics Code shall be modified as follows: 2.4 Gift A rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Federal Way for travel or lodging or anything else of value in return for which legal consideration of equal or greater value is not given and received, excluding: (a) Things of minimal value. Minimum value shall be defined as gifts that do not exceed $20 per occasion or $50 from a single source in any given calendar year. (b) Any contribution under chapter 42.17 RCW (Disclosure — Campaign Finances — Lobbying — Records). Resolution No. 20- Page I of 3 Rev 1/19 (c) Any informational material transferred for the purpose of informing the recipient about matters pertaining to official City business, and that is not intended to financially benefit the recipient. (d) Any symbolic presentation not intended to financially benefit the recipient. (e) Things of value not used and that, within thirty (3 0) days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (f) Things of value received in the normal course of private business or social interaction or from family that are not related to public policy decisions or City actions. (g) Payments of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association or charitable institution are exempt. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event. (h) The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts. (i) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization. Section 2. Severabil_i y. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 20- Page 2 of 3 Rev 1/19 Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of February, 2020. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY, COUNCIL: RESOLUTION NO.: Resolution No. 20 - Page 3 of 3 Rev 1/19 41k CITY OF 40';:tSP Federal Way Code of Ethics ►riorm Qv Councllmembers, Ah yvr and City Eniplo jr,-ees TABLE OF CONTENTS Introduction..................................................................1 Section1 — Policy.........................................................2 Section 2 — Definitions. ....... .............. _ ....... ............... 2 Section 3 — Personal Gain or Profit ..............................4 Section 4 — Conflict of Interest.....................................4 Section 5 — Acceptance of Gifts...................................6 Section 6 — Campaign Activities...................................6 Section 7 — Board of Ethics..........................................6 Section 8 — Complaints Against Employees .................10 Resolution No. 91-54 —Passed April 2, 1991 Amendments Resolution No. 94-179 — Passed August 2, 1994 Resolution No. 94-184 — Passed September 21, 1994 Resolution No. 94-188 — Passed November 1, 1994 Resolution No. 96-232 — Passed May 7, 1996 Resolution No. 10-590 — Passed July 20, 2010 Resolution No. 13-646 — Passed September 3, 2013 Resolution No. 13-648 — Passed October 1, 2013 Resolution No. 19-752 — Passed March 5, 2019 INTRODUCTION • The Mayor and City Councilmembers are elected to exercise their discretionary powers pursuant to the laws and the Constitution which may often involve honest disagreement on policy matters; and ■ In the exercise of these powers the Mayor and the Councilmembers should operate within a framework that will protect the public trust and ensure public confidence in the conduct of elected officials and public employees; and • Good government should operate and conduct itself in an open and impartial manner, and to a standard that ensures an efficient, fair and accountable system; and • The Code of Ethics includes a method to appoint an alternate Board of Ethics member in cases of recusement or other unavailability; and • The Code of Ethics includes sanctions for violations of the Code of Ethics; and • The Code of Ethics grants the Board of Ethics subpoena powers in order for the Board to complete a full and fair investigation of any written complaint before the Board; and • The Code of Ethics provides for the stay of the complaint proceedings during the City Council's consideration of the Board of Ethics application for subpoena power or during any proceeding to compel a person to respond to a properly issued subpoena. Section 1 — Policy The City of Federal Way is committed to conducting its business in a fair, open, efficient and accountable manner. Public Officials and Employees shall conduct their public and private actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each Official and Employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each Employee should be informed of this Code of Ethics and meet its requirements. Questions regarding its interpretation should be brought to an Employee's Supervisor and the City Attorney for interpretations of this Code and should proceed through processes provided for in the Personnel Policy Manual to act upon allegations of misconduct in violation of this Code. Questions regarding the interpretation of the Code as applied to the Mayor and Councilmembers and allegations of violation of this Code by the Mayor and/or Councilmembers shall be referred to the Board of Ethics through the process established herein. Section 2 — Definitions Throughout this Code of Ethics, the following definitions shall apply. 2.1 Elected Officials For the purposes of this Code of Ethics only, "Elected Officials" or "Mayor" or "Councilmembers" also includes members of City Boards, Commissions, Committees, or other multi -member bodies appointed by the City Council. 2.2 Family Spouse, parent, child, sibling, aunt, uncle, niece, nephew, cousin, grandchild, grandparent or any parent -in-law, son- or daughter-in-law, or brother- or sister-in- law. 2.3 Financial Interest (a) Existence — A financial interest may be deemed to exist in any of the following situations: (1) A creditor, debtor or ownership interest in any corporation, partnership, joint venture or other entity (including without limitation, ownership evidenced by stock purchase) in an amount or value to or greater than a one percent (1 %) interest in any such entity, or (2) Any paid employee, agent, consultant or officer of any corporation, partnership, joint venture, business or other entity. K (b) Exceptions — Notwithstanding the provisions of Section 2.3 (a)(1) and (2), a financial interest shall not be deemed to exist in any component investment within any fund or plan where an owner of an interest in a mutual or other pooled investment fund or in any employee or retirement benefit plan (including without limitation, pension plans, profit sharing plans and deferred compensation plans): 1) has no right to control or influence the selection of component investments; 2) has not influenced the selection of component investments; and 3) has not created or used the fund or plan to subvert the intent of this code. 2.4 Gift A rendering of money, property, services, discount, loan forgiveness, payment of indebtedness, reimbursements from or payments by persons, other than the City of Federal Way for travel or lodging or anything else of value in return for which legal consideration of equal or greater value is not given and received, excluding: (a) Things of minimal value. Minimum value shall be defined as gifts that do not exceed $20 per occasion or $50 from a single source in any given calendar year. (b) Any contribution under chapter 42.17 RCW (Disclosure — Campaign Finances — Lobbying — Records). (c) Any informational material transferred for the purpose of informing the recipient about matters pertaining to official City business, and that is not intended to financially benefit the recipient. (d) Any symbolic presentation not intended to financially benefit the recipient. (e) Things of value not used and that, within thirty (30) days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes; (f) Things of value received in the normal course of private business or social interaction or from family that are not related to public policy decisions or City actions. (g) Payments of enrollment and course fees and reasonable travel expenses attributable to attending seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association or charitable institution are exempt. As used in this subsection, "reasonable expenses" are limited to travel, lodging, and subsistence expenses incurred the day before through the day after the event. (h) The acceptance of a gift on behalf of the City pursuant to City Council rules regarding acceptance of gifts. Admi_::_ =cost off r nd L_ _ages conSLIJ sponsor v or i coniunction with a civic, charitable, governmental, or come a+ 2.5 Immediate Family Spouse and dependent children. 3 2.6 Remote Interest A remote interest may be deemed to exist where an individual is: (a) An unpaid officer, Board member, or other person who functions in a decision-making capacity which can influence policy or funding of a corporation, partnership, joint venture or other entity; (b) A landlord or tenant of an entity contracting with the City of Federal Way; or, (c) A holder of less than one percent (1 %) of the shares of, or ownership interest in a business entity contracting with the City; provided no interest shall be deemed to be remote where an Elected Official influences or attempts to influence any other Elected Official or City Employee to take any action which financially benefits the Elected Official by or through the interest. 2.7 City Employee Any individual who is appointed as an Employee by the appointing authority for the City. Section 3 — Personal Gain or Profit 3.1 An Elected Official or Employee shall not knowingly use his or her office or position for personal or family gain or profit. 3.2 An Elected Official or Employee shall not use City -owned property or City services for personal or family gain or profit. 3.3 An Elected Official or Employee shall not use information acquired in confidence from a City customer, supplier, lessee or contractor for other than City purposes. Section 4 — Conflict of Interest 4.1 An Elected Official or Employee shall not knowingly engage in activities which are in conflict, or which have the potential to create a conflict, with performance of official duties. Examples of conflicts, or potential conflicts of interest include but are not necessarily limited to, circumstances where the Elected Official or Employee: (a) Influences the selection or non -selection of or the conduct of business between the City and any entity when the Elected Official or Employee has a financial interest. 9 (b) Solicits for himself or herself or for another, a gift or any other thing of value from the City or from any person or entity having dealings with the City; provided, however, that no conflict of interest for the Elected Official or Employee shall be deemed to exist with respect to solicitation for campaign contributions required to be reported under Chapter 42.17 RCW or for charitable contributions. (c) Accepts any retainer, compensation, gift or other thing of value which is contingent upon a specific action or non -action by the City Council, Mayor or Employee. (d) Accepts a gift in any manner other than as provided in Section 5 (Acceptance of Gifts). (e) Intentionally uses or discloses information not available to the general public and acquired by reason of his or her official position which financially benefits himself or herself, family, friends or others. 4.2 An Elected Official shall not take part in any official action, as that term is defined in Chapter 42.30 RCW, concerning any contract, property, or other matter of any kind, in which the Elected Official or his or her immediate family has a financial interest, or which otherwise creates a conflict of interest. 4.3 Consistent with RCW 42.23.10, an Elected Official shall disclose the fact and extent of a remote interest for the official minutes of the City Council prior to Councilmembers taking any action related to the interest. In the event an Elected Official has remote interest, all action taken by the Commission, Board, or City Council related to such interest shall be by a vote sufficient for the purpose without counting the vote of the Elected Official having the remote interest. This shall be accomplished by the Elected Official recusing his or herself from the vote. An officer with a remote interest shall not influence or attempt to influence any other officer of the city to convey City funds to the entity that is the source of the remote interest. 4.4 Restrictions After Leaving the City (a) For one (1) year after leaving the City, the Elected Official or an Employee may not hold or acquire a financial interest, direct or indirect, personally or through their family, in any contract made by, through, or under their supervision, or accept, directly or indirectly, any compensation, gratuity, or reward from any person interested in such a contract or transaction. (b) For one (1) year after leaving the City, the Elected Official or an Employee may not (a) assist anyone in proceedings involving the City where such Elected Official or Employee worked on a matter in which they were officially involved in the course of their duties; (b) represent any private person as an advocate on a matter in which they were involved; or 61 (c) Compete for a City contract when they were involved in determining the scope of work or the selection process. An Elected Official or an Employee may never disclose or use the City's privileged or proprietary information except to perform official duties. Section 5 — Acceptance of Gifts 5.1 Except as provided in Section 2.4, an Elected Official or Employee may not accept gifts of cash in any amount. 5.2 The Elected Officials and City Employees may not accept personal gifts. Section 6 — Campaign Activities City Employees may participate in the political process only on their own time, and only outside of the workplace by working on campaigns for the elections of any person to any office, or for the promotion of or the opposition to any ballot proposition, and shall not use or authorize the use of the facilities of the City for such purposes except as may be authorized by law under the provisions of Chapter 42.17.130 RCW. Section 7 — Board of Ethics Complaint Against an Elected Official and Advisory Opinions Regarding Elected Officials 7.1 There is created a Board of Ethics for the City of Federal Way. The purpose of this Board of Ethics is to issue advisory opinions on the provisions of this Code of Ethics and to investigate and report to the City Council on any alleged violations of this Code of Ethics, all as set forth below. 7.2 The Board of Ethics shall be composed of three (3) members, and one (1) alternate member ("first alternate") none of which shall be an Elected Official or City Employee. The Board members shall be appointed by the City Council. The alternate member may attend all meetings of the Board, but shall have no voting rights except as otherwise provided herein. The term of each Board member shall be three (3) years. The Board members shall reside within the City. To the extent practicable, experience or background in ethics is preferred. The Board shall determine and elect its Chair thereafter. The Chair shall serve for a period of one (1) year, unless reelected. In the event a Board member must recuse himself or herself or otherwise be unavailable to conduct Board business, the first alternate member shall serve in his/her place. If a second alternate A member is required, the Board shall select such alternate member from a pool consisting of prior Board members who have served during the three (3) prior terms ("second alternate"). The second alternate Board member shall be chosen by agreement of the remaining Board members. In the event no former Board members are available, the City Council shall appoint an alternate Board member. In filling any vacancy or making an appointment to the Board of Ethics, the City Council shall strive to select members with diverse perspectives and areas of expertise appropriate to the review of ethical matters, and who are of good general reputation and character. The city council may remove an ethics board member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the ethics board shall serve until their successors are duly appointed by city council. 7.3 A majority of the Board of Ethics shall constitute a quorum. The Board shall meet as frequently as it deems necessary and in accordance with the provisions of the Code. The Board shall adopt procedures consistent with the provisions of the Code governing the conduct of its meetings, investigations, hearings and the issuance of opinions. 7.4 Specific Complaint Against a Councilmember (a) Any person may submit a written complaint to the City Clerk alleging one (1) or more violations of this Ethics Code by an Elected Official. The allegation must set forth specific facts with precision and detail, sufficient for a Determination of Sufficiency by the Board. In addition, the complaint must set forth the specific sections and subsections of this Code that the facts violate, and the reasons why. Each complaint must be signed by the person or persons submitting it, must state the submitter's correct name, address at which mail may be personally delivered to the submitter, and the telephone number at which the submitter may be contacted. (b) The City Clerk shall submit that complaint to the Board for Determination of Sufficiency of the complaint. A complaint cannot be sufficient unless it precisely alleges and describes unjustified acts which constitute a prima facie showing a violation of a specified provision or provisions of this Code. The purpose of requiring that the complaint be sufficient is to ensure that the complaint is supported by identifiable facts, and to ensure that the complaint is not based on frivolous charges. (c) The Board shall submit a written report with a finding of sufficiency or insufficiency within ten (10) days of its receipt of the written complaint. The Determination of Sufficiency by the Board is final and binding, and no administrative or other legal appeal is available. If the finding is one of sufficiency of the complaint, then the complaint shall be investigated and reported as set forth below. 7 (d) The Board shall conduct an investigation of the written complaint before it. The Board shall begin the investigation no later than ten (10) calendar days after the Determination of Sufficiency of the complaint and shall conclude the investigation no later than fourteen (14) calendar days after it commences the investigation unless a longer time period has been requested by the Board and has been approved by the Council; provided, however, that the running of these time periods shall be tolled and the complaint proceedings shall be stayed in the event the Board makes application to the City Council for subpoena power or in the event the City Council issues a subpoena and any person refuses to obey such subpoena. The stay of the complaint proceedings shall continue until such time as the subpoena is either reissued or denied by the City Council or until such time as a Superior Court issues an order on the subpoena. The Board shall render a written opinion, setting forth its findings of fact and conclusions and opinion as to whether or not the individual against whom the complaint was filed has violated the Code of Ethics. (e) The City Council may issue subpoenas in response to the Board's application for the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation by the Board or in connection with any hearing conducted by the Board. The Board shall request subpoena power by making a written application to the Mayor and Deputy Mayor describing in detail the subject matter of the proposed subpoena and an explanation of why such information is reasonably necessary in order to conduct the Board's investigation or hearing. The subpoena may be issued in the event the Mayor and Deputy Mayor determine the subpoena request is reasonable. In the event the Mayor and Deputy Mayor are unable to agree upon such a determination or the complaint alleges a violation of the Ethics Code by the Mayor or the Deputy Mayor, the entire City Council shall make a determination as to the reasonableness of the Board's application for subpoena power. In the event any person disobeys a subpoena, the City Council may invoke the aid of any Superior Court of the state. Such court may issue an order requiring such person to appear before the Board, to produce documentary evidence, and/or to provide testimony, and any failure to obey such order may be punished by that court as contempt. (f) No opinion may be issued by the Board unless a person or entity complained against has had an opportunity to present information on his, her or its behalf at a hearing before the Board. (g) A copy of the written opinion shall be delivered to the City Council and the complaining party within seven (7) calendar days of conclusion of the hearing unless a longer time period has been requested by the person against whom the complaint is focused, and has been approved by the Board unless a longer period has been requested by the Board and has been approved by the City Council. (h) In the event the advisory written opinion provides that the individual against whom the complaint has been filed has violated the Code of Ethics and the City Councilmembers adopt this opinion by a majority vote, then the City Council may take any of the following actions by a majority vote of the Council: (1) Admonition — An admonition shall be a verbal non-public statement made by the Mayor to the individual. (2) Reprimand — A reprimand shall be administered to the individual by letter. The letter shall be prepared by the City Council and shall be signed by the Mayor. If the individual objects to the content of such letter, he or she may file a request for review of the content of the letter of reprimand with the City Council. The City Council shall review the letter of reprimand in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. (3) Censure — A censure shall be a written statement administered personally to the individual. The individual shall appear at a time and place directed by the City Council to receive the censure. Notice shall be given at least twenty (20) days before the scheduled appearance at which time a copy of the proposed censure shall be provided to the individual. Within five (5) days of receipt of the notice, the individual may file a request for review of the content of the proposed censure with the City Council. Such a request will stay the administration of the censure. The City Council shall review the proposed censure in light of the advisory opinion and the request for review, and may take whatever action appears appropriate under the circumstances. The action of the City Council shall be final and not subject to further review. If no such request is received, the censure shall be administered at the time and place set. It shall be given publicly, and the individual shall not make any statement in support of or in opposition thereto or in mitigation thereof. A censure shall be deemed administered at the time it is scheduled whether or not the individual appears as required. (4) Removal — In the event the individual against whom the complaint has been filed is a member of a City Board, Commission, Committee, or other multi -member bodies appointed by the City Council, the City Council may, by a majority vote, remove the individual from such Board, Commission or Committee; provided, however, that nothing in this section authorizes the City Council to remove the Mayor and/or a Councilmember from his or her office. In the event the individual against whom the complaint has been filed is a Councilmember, the City Council, by a majority vote, may remove the individual from the position of Deputy Mayor and the E Deputy Mayor may remove such individual from the position of Chairperson of any Council committee. 7.5 The Board of Ethics may also render written opinions concerning the applicability of the code of Ethics to hypothetical circumstances or situations upon the request of any person. 7.6 The City shall release copies of any written advisory opinions or opinions resulting from an investigation of a complaint and any written censures or reprimands issued by the City Council in response to public records requests as consistent with Chapter 42.17 RCW and any other applicable public disclosure laws. 7.7 The Mayor shall provide staff, as he or she deems appropriate, to assist the Board of Ethics. 7.8 Board members shall be reimbursed by the City for reasonable expenses incurred in its exercise of the official business of the Board, consistent with the expense reimbursement policies of the City. Section 8 — Complaints Against Employees Any and all complaints regarding City Employees shall be brought to the Employee's supervisor. The supervisor, or appropriate individual as determined by the Mayor, shall investigate the complaint. All action related to complaints about City Employees shall be in accordance with the Personnel Policy Manual. Law — K:\ethics\code of ethics\2019\3-5-19 10 COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE 2020 PLANNING COMMISSION WORK PROGRAM ITEM #: 6 a C_j POLICY QUESTION: What items should the 2020 Planning Commission Work Program contain? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 3, 2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Margaret Clark DEPT: Community Development Attachments: A) Staff Report to the LUTC; B) Staff Report to the Planning Commission. Options Considered: 1. Approve the Mayor's Recommendation on the 2020 Planning Commission Work Program. 2. Approve the Mayor's Recommendation as further amended by the LUTC. 3. Do not approve the Mayor's recommendation and take no action on the Planning Commission Work Program. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 — Approve the 2020 Planning Commission Work Program. MAYOR APPROVAL: J ` C_ DIRECTOR APPROVAL: �� mmirr P .nonei, III I..II -)oto Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the February 18, 2020, business agenda for approval. Mark Kap ,Committee air arli�3 l fool e, Comm ittee Member Hoang Tr % ommlttee ember PROPOSED COUNCIL MOTION: "I move approval of the recommended 2020 Planning Commission Work Program. " (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:\2020 Work Program\LUTC\020320 Agenda Bill.doc EXHIBIT A 4ik CITY OF 40'::�� Federal Way Centered on Opportunity MEMORANDUM DATE: January 27, 2020 TO: Land Use/Transportation Committee FROM: Brian Davis, Community Development Director Robert "Doc" Hansen, Planning Manager t � r"Wj Margaret H. Clark, AICP, Principal Planner 041' SUBJECT: Briefing on the 2020 Planning Commission Work Program MEETING DATE: February 3, 2020 A. FINANCIAL IMPACTS There are no financial impacts to the City associated with adopting the 2020 Planning Commission Work program. As with items on the past Work programs, all work will be done in-house by the existing current and long-range planners. Please refer to Section E of this staff report for more detail on Staffing and the Work Program. B. BACKGROUND The Planning Commission's Work Program is approved by the City Council on a yearly basis. The purpose of this memorandum is to summarize to the Land Use/Transportation Committee (LUTC) what was completed in 2019, and to provide the Mayor's recommendation on the 2020 Planning Commission Work Program. The Planning Commission was briefed on the proposed Work Program on January 29, 2020. In addition to the items listed in the below table in Section C of this staff report, the City Council may, at their discretion, introduce code amendments at any time during the year for consideration. C. COMPLETED IN 2019 1. Amendments to the Shoreline Master Program and Federal Way Revised Code (FWRC) Division V, "Environmentally Critical Areas." 2. Amendment of the Comprehensive Plan Map and Zoning Map for the Milton Road Area. This was a legislative rezone of 56.06 acres located north of South 376°i Street and east of Interstate 5, from Single -Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density (RS 7.2, one unit per 7,200 square feet). LUTC Staff Report Meeting Date: February 3, 2020 2020 Planning Commission Work Program Page 1 3. Comprehensive plan amendment related to the realignment of the future extension of South 324' Street further south to connect with Weyerhaeuser Way South. D. 2020 PLANNING COMMISSION WORK PROGRAM The following table is divided into Housekeeping Items, Non -Housekeeping Items, Items on Hold, and Requests for Comprehensive Plan Amendments. Housekeeping Items are amendments that are not complex and should be completed in a relatively short time. Non -Housekeeping Items are more complex, requires more research and will take longer than Housekeeping Items. Those Items on Hold may not be completed this year due to staffing, which is discussed in Section D of this report. The last section summarizes three requests for comprehensive plan amendments that will be processed this year. Two were submitted by citizens, and one was initiated by the City Council. Item Status Housekeeping Items Amend the language requiring the city to issue a threshold determination within 90 days of a complete application. In Process Clarify under what conditions tracts are considered lots. In Process Require noticing requirements for short plats to be the same as for long plats. In Process Address double notice requirements for Administrative Variances. In Process Address "family day care" with reference to state requirements. In Process Clarify that split zoning is not permitted as a result of a land use action such as a binding site plan, boundary line adjustment, or subdivision. In Process Exempt all accessory dwelling units from school impact fees. In Process Non -Housekeeping Items Continue research and amendment to code addressing demand for housing; including for multiple family housing. Will be part of the Housing Action Plan Address allowing RVs as an accessory living facility only if it has cooking and sanitation facilities as provided in state law Can be considered as part of the Housing Action Plan Address distinction between "convalescent center" and "special needs housing." Not started Amend sign code language to make it content neutral in response to case law. 2020 Work Program Provide a plan to address the new transit station in the south end of the city to be constructed in 2026 and operational in 2030, including a public participation plan. 2020 Work Program; Part of the Sound Transit involvement Review height/bulk regulations, multi -family requirements, parking in transit areas, design standards, and review of view corridors. 2020 Work Program Research amendments regarding criteria to allow cottage housing. In Process LUTC Staff Report Meeting Date: February 3, 2020 2020 Planning Commission Work Program Page 2 Items on Hold Amend the subdivision code to address how fee -in -lieu should be calculated. Substantial Review Address open space requirements in response to case law. Required Existing code requires 50 -foot setbacks for schools with 50 or more attendees. Substantial Review Consider whether there should be a lesser setback for portables. Required Implement the Twin Lakes Subarea Plan through code amendments which increase Substantial Review the maximum allowable building height and uses encouraged within the Subarea Required Plan. 2020 Comprehensive Plan Amendments Kitts Corner — Request from ESM to amend the conditions of comprehensive plan In Process approval to remove the requirements for a master plan meeting specific conditions for 19 acres located south of South 3361 and west of Pacific Highway South. Sheltered Resources 2 72" d Transit Oriented Development — Request from Sheltered In Process Resources for a comprehensive plan amendment and rezone of parcel 720480-0172 (3.45 acres) and parcel 720480-0174 (1.56 acres), located south of South 276th Street and east of Pacific Highway South from Single -Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) to Multi -Family Residential and Multi -Family (RM 1800, one unit per 1,800 square feet). City -initiated request to remove the extension of South 376`i' to 191 Way South in In Process Regency Woods E. STAFFING AND WORK PROGRAM The Planning Staff is comprised of seven Full Time Equivalents (FTE) and a Planning Manager with the current work load comprised of managing land use applications and customer service. Long range planning activities include processing comprehensive plan amendments and rezone requests, preparing code amendments, and reporting and monitoring work required by state law. This Work Program is intended to be a list of items to be completed in 2020. However, as often been the case in past years, other demands have sometimes taken precedence over those activities on the adopted Work Program. Historically, the department has continued items on the Work Program from one year to another if they have not been completed in the previous year. In addition, code amendments are frequently added as the need arises after the Work Program has been adopted. Consequently, the annual Work Program has, in reality, been a multi-year Work Program. For example, many of the work items in Section C with an "In Process" status were part of the 2019 Work Program, and are being carried over to 2020. F. MAYOR'S RECOMMENDATION The Mayor recommends approval of the 2020 Planning Commission Work Program. LUTC Staff Report Meeting Date: February 3, 2020 2020 Planning Commission Work Program Page 3 EXHIBIT B 4ik CITY OF Federal Way Centered on Opportunity MEMORANDUM DATE: January 8, 2020 TO: Planning Commission .yy�� if FROM: Brian Davis, Community Development Director &,- - Robert "Doc" Hansen, Planning Manager 19W_ Margaret H. Clark, AICP, Principal Planner PA41, SUBJECT: Briefing on the 2020 Planning Commission Work Program MEETING DATE: January 29, 2020 A. BACKGROUND The Planning Commission's Work Program is approved by the City Council on a yearly basis. The purpose of this memorandum is to inform the Planning Commission on what was accomplished in 2019 (Section B) and brief them on the proposed 2020 Work Program (Section Q. B. COMPLETED IN 2019 1. Amendments to the Shoreline Master Program and Federal Way Revised Code (FWRC) Division V, "Environmentally Critical Areas." 2. Amendment of the Comprehensive Plan Map and Zoning Map for the Milton Road Area. This was a legislative rezone of 56.06 acres located north of South 376t' Street, and east of Interstate 5, from Single -Family Medium Density (RS 35.0, one unit per 35,000 square feet) to Single -Family High Density (RS 7.2, one unit per 7,200 square feet). 3. Comprehensive Plan Amendment related to the realignment of the future extension of South 324' Street further south to connect with Weyerhaeuser Way South. C. 2020 PLANNING COMMISSION WORK PROGRAM In addition to the items listed in the below table, the City Council may, at their discretion, introduce code amendments at any time during the year for consideration. Staff Report Meeting Date: January 29, 2020 Briefing on the 2020 Planning Commission Work Program Page 1 2020 Planning Commission Work Program Items Planned far Completion in 2020 Housekeeping Items No ,-Section Existing Code Language Rational for Change/ Suggested Chane Status 1 14.10.020(6) Within 90 days of issuing a letter of completeness for the application The requirement to issue a threshold determination or to decide In Process and environmental checklist, the responsible official shall make a significance within 90 days is problematic for complex projects. threshold determination or notify the applicant that a determination of Furthermore, this is not a requirement for cities like Federal Way significance is likely and indicate the areas of likely impact. The planning under the Washington Growth Management Act (GMA). applicant may request an additional 30 days for the issuance of the threshold determination by the responsible official, or for the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. A final determination shall be made within 90 days from the receipt of the applicant's response for additional information, unless the applicant requests an additional 30 days as provided in this section. 2 18.05.010 No language in the code exists indicating whether tracts created for It is not clear whether "tracts" should be counted per RCW 58.17 In Process environmental, stormwater, or open space purposes are counted as definition of subdivision which states: "Subdivision" is the division "lots" distinguishing between long plat or short plat. or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership." The City should clarify that tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. 3 18.30.080 No language exists requiring the notification of those within 300 feet Amend the language for short plats to make noticing requirements In Process of a proposed short subdivision. Because short subdivisions could the same as for long plats, result in as many as nine additional lots within an immediate neighborhood, adjacent land owners should receive direct notification. 4 19.45.015 Address Double Notice Requirement for Variances. The current Remove FWRC 19.45.015(2), requiring an additional notice since it in Process language in the code requires a separate notice for an administrative is already required by FW RC 19.45.010. variance, and also requires a Process III approval which already requires a notice to the public. Staff Report Meeting Date: January 29, 2020 Briefing on the 2020 Planning Commission Work Program Page 2 5 19.105.070 Address "Family Day Care" with reference to state requirements Some requirements in FWRC 19.105.070, "Family Day Care," e.g. In Process Note 4, requiring Process III Review for a nonconforming lot or structure, are in conflict with state law, and should be removed. Based on RCW 35A.63.215, no other restrictions more restrictive than a single-family household for family day cares may be applied. 6 19.190.020 Zoning boundary interpretation. Clarify that split zoning is not permitted as a result of a land use In Process (l) Following property lines. Where a zone boundary is indicated as action (Binding Site Plan, Boundary Line Adjustment, Subdivision, approximately following a property line, the property line is the zone etc.), creation of a tract or land use action etc. Applicant must rezone boundary. or get comprehensive plan amendment if applicable. (3) lather cases. Where a zone boundary is not indicated to follow a property line or street, the boundary line is as drawn based on the scale shown on the zoning map. 7 19.95.060(1)(d) Eliminate the line that indicates that Accessory Dwelling Units ADUs have little to no impact upon schools and are becoming an Not Started (ADU)s are exempt from school impact fees only if they were essential part of housing and should be exempt from school impact registered with the City between 1995 and 1996. fees. Items to be Completed in 2020 Non- Housekeeping Items 1 Continue research and amendment to code addressing demand for Housing for increased population for both moderate- and low- To be housing; including for multiple family housing. income families will be in high demand with the City's expanding continued as economic base, development of a "City Center," and the creation of part of the the light rail system to the City Center. Work needs to be completed recently which includes: funded -Researching existing housing estimates and future needs within Housing Federal Way; Action Plan -Developing a public involvement program informing citizens on the development of housing regulations; -Evaluating the Transportation Oriented Development (TOD) impacts upon housing demand by housing type; and -Providing changes to the code and examining programs which allow for and encourage the development of housing meeting the needs of projected populations. 2 19.05.010: A "Accessory living facility' means an area or structure on the subject It's unclear as to whether a RV would be allowed. Accessory living Can be property, which is accessory to a permitted use on a commercial facility should have a statement to the effect that recreational considered subject property, providing provisions for living, cooking, sleeping vehicles/trailers/containers are not allowed as an accessory living as part of and sanitation for an employee on the subject property and that facility if the unit does not contain utilities for cooking and sanitation Housing employee's family, or for the business owner/operator and that as provided in state law. Action Plan erson's family. Staff Report Meeting Date: January 29, 2020 Briefing on the 2020 Planning Commission Work Program Page 3 3 19.05.030 Address distinction between "convalescent center" and "special needs We need to address the changing nature of senior housing along the Not Started housing." continuum of independent living to convalescent centers and nursing homes. 4 19.140 Update of Sign Program The sign code needs to be reviewed in relation to the Reed v. Town of 2020 Work Gilbert case to ensure that the code is not content based. Program 5 Sound Transit Vision Framework The transit station in the south area of the city is planned for 2020 Work construction in 2026 and for operation by 2030. The City intends to Program have the community heavily involved in providing their views on the Part of the impact of such a change in the area. This effort will provide a plan to Sound' meet this need. Transit involvement 6 19.225-230 Review height/bulk regulations, multi -family requirements, parking in The City Center in the comprehensive plan is intended to function as 2020 Work 19.115 transit areas, design standards and review of view corridors. a center of public activity. High school Impact fees, inconsistent Program height and bulk regulations, and parking requirements have discouraged developers from proposing projects. Parking requirements should be re -investigated since there is an abundance of parking in the downtown area. In addition, parking in transit areas are not often occupied by transit users. A nominal fee could be examined to reserve these spaces. Establishing a view corridor has been discussed for a number of years. If this is still a priority, the City may want to investigate the means for doing so before development begins as the Transit Station takes sha e. 7 19.250.030- Criteria for Cottage Housing Amendments to be examined regarding criteria to allow cottage In Process 070 housin . Items on Hold in 2020 1 18.55.060 Provide open space criteria for various developments to meet demand. The code does not adequately address the overall current need for On Hold - open space. In addition, the fee -in -lieu of open space is calculated at substantial the time of final plat approval. Therefore, a subdivision may contain review undeveloped lots whose value has since appreciated and the original required fee -in -lieu paid may not be commensurate with the present value of the land. Amend the subdivision code to address open space regWrements in response to case law. 2 19.200.090 Existing language states if a school can accommodate 50 or more Should there be an exception or consideration for portables; they On Hold - Setback Table attendees, then the front, side, and rear setbacks must each be 50 feet. were not anticipated in the original code. substantial If the school can accommodate less than 50 attendees, then the review setbacks shall be 20 feet. required 3 Title 19 Implement the Twin Lakes Subarea Plan through code amendments The Twin Lakes Subarea is that area around the intersection of 21 sr On Hold - which increase the maximum allowable building height and uses Avenue SW and SW Campus Drive/SW 3361h Street zoned substantial encouraged within the subarea plan. Staff Report Meeting Date: January 29, 2020 Briefing on the 2020 Planning Commission Work Program Page 4 2019 C©MIIUu HErF SAVE P -NAMENDMENTS Project Status Neighborhood Business (BN). Specific goals and policies were review master plan moetiijg s eeitic conditions for 19 acres located south of South 3361h and west of Pacific H ighway South. Sheltered Resources 272"d Transit Oriented Development -- Request fi•om Sheltered Resources for a comprehensive plan adopted for the subarea plan, but have never been implemented required Street and east of Pacific Highway South from Single -Family High Density Residential and Single -Family (RS 7.2, one unit per through amendments to the Federal Way Revised Code (FWRC). Ci-initi.stcd req tie,t ti) l—,!mosc [hu extension of South 37611 to 19" Way South in Regency Woods, In Process Some of these amendments include promoting flexibility in new development such as increasing building heights, promoting the development of gathering spaces with special attention to outdoor areas, and improving bicycle and pedestrian infrastructure and connectivity. The plan needs full review and implementing procedures researched and evaluated. This may result in changes to the subarea plan in the evaluation and therefore, will require a significant amount of work. 2019 C©MIIUu HErF SAVE P -NAMENDMENTS Project Status Kitts Corner.— Request from FSM to amend the conditions of comprehensive plan approval to remove the requirements for a In Process master plan moetiijg s eeitic conditions for 19 acres located south of South 3361h and west of Pacific H ighway South. Sheltered Resources 272"d Transit Oriented Development -- Request fi•om Sheltered Resources for a comprehensive plan In Process amendment and rezone of parcel 720480-0172 (3.45 acres) and parcel 720480-0174 (1.56 acres), located south of South 2761h Street and east of Pacific Highway South from Single -Family High Density Residential and Single -Family (RS 7.2, one unit per 7,200 square feet) to Multi-FamilyResidential and Multi-Fainil (RM 1800, one unit per 1,800 square feet). Ci-initi.stcd req tie,t ti) l—,!mosc [hu extension of South 37611 to 19" Way South in Regency Woods, In Process A NEXT STEPS The Planning Commission Work Program will be presented to the Land Use Transportation Committee on February 3, 2020, and then to the Council for action on February 18, 2020. Staff Report Meeting Date: January 29, 2020 Briefing on the 2020 Planning Commission Work Program Page 5 COUNCIL MEETING DATE: February 18, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA FILL ITEM #: SUBJECT: COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING A POSITION ON HB 2907 WHICH WOULD AUTHORIZE AN EXCISE TAX ON BUSINESSES IN KING COUNTY. POLICY QUESTION: Should City Council approve a letter to Washington State Legislators regarding House Bill HB 2907 and Senate Bill SB 6669 allowing counties over two million in population to impose an excise tax on businesses for homelessness services. COMMITTEE: NA MEETING DATE: NA CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Bill Vadino, Policy Advisor/ fY DEPT: Mayor's Office Attachments: Draft letter will be distributed at or before the February 18, 2020 Regular Meeting. Options Considered: (1) Approve the draft letter (2) Approve the draft letter with modifications (3) Do not approve the draft letter and provide direction to staff MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee InitiaVDate COMMITTEE RECOMMENDATION: N/A Initial/Date DIRECTOR APPROVAL: InitiaVDate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed letter to the Washington State Legislature regarding House Bill HB 2907 and Senate Bill SB 6669 allowing counties over two million in population to impose an excise tax on businesses for homelessness services. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Sen Enactment reading 11 MOVED TO SECOND READING (ordinances only) ORDINANCE # COUNCIL MEETING DATE: February 18, 2020 ITEM #: 61 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY LINK EXTENSION STATION NAMING POLICY QUESTION: Should the City Council support the preferred station name as determined by a public survey through Sound Transit's Federal Way Link Extension outreach efforts? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 3, 2020 CATEGORY: Consent ❑ Ordinance CK City Council Business ❑ Resolution STAFF REPORT BY: Ryan Medlen. Sound Transit Liaison ❑ Public Hearing ❑ Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 3, 2020 Staff Report to Land Use and Transportation Committee Options Considered: 1. Support naming the future light rail station the `Federal Way Transit Center Station'. 2. Do not support the name and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 18, 2020 City Council consent agenda for approval. MAYOR APPROVAL: imuauuaw Initial/Date 0 > DIRECTOR APPROVAL: Z6 I-0 CSA COMMITTEE RECOMMENDATION: I move to forward Option I to the February 18, 2020 City Council eepis-eoiz agenda for approval. P Mark Kop p, Committee C Hoang Iran, Committee Member Martin Moore; Com ittee Member PROPOSED COUNCIL MOTION: "I move to support naming the future light rail station the `Federal Way Transit Center Station', which was the name that received the most votes of the public. " (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: February 3, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Director of Public Wor Ryan Medlen, Sound Transit Liaison SUBJECT: Federal Way Link Extension Station Naming BACKGROUND INFORMATION: Sound Transit is in the process of assigning names for the future light rail stations to be opened upon completion of the Federal Way Link Extension. As part of this process, a list of preliminary names, along with a write-in option, were presented in a survey to the public. The list of names presented to the public for consideration was first found consistent with Sound Transit's naming policy which requires station names to: • Reflect the nature of the environment: neighborhoods, street names, landmarks, and geographical locations. • Be brief and easy to remember. • Comply with federal Americans with Disabilities Act guidelines and requirements. • Be no more than 30 characters long. • Avoid commercial references. • Avoid names or words similar to existing Sound Transit station names. Opportunities to vote on the station name were provided as part of Sound Transit's outreach updating the public on the status of the Federal Way Link Extension project. This included through an online open house that ran from November 13'', 2019 to December 13'h,2019, as well as in-person open houses on November 13`x', 2019 at Highline College and November 20, 2019 at the Federal Way Performing Arts and Event Center. The combined results of the survey were as follows: 1. Federal Way Transit Center Station 325 2. Federal Way City Center Station 150 3. Federal Way Town Square Station 126 4. Federal Way Downtown Station 64 The write-in option with the highest number of votes was "Federal Way Station" and had 15 votes. The next phase of adopting the official station names is action by the Sound Transit Board. The vote of the City Council will be provided to Sound Transit staff for them to inform their board at the applicable time. COUNCIL MEETING DATE: February 18, 2020 ITEM #: / a . ........ ...................... --- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS FRANCHISE ORDINANCE POLICY QUESTION: Should the City grant Seattle SMSA Limited Partnership d/b/a Verizon Wireless a Franchise to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in, across, over, along, under, through and below the City of Federal Way? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 3, 2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY esired Winkler, P.E., Deut Director DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: r i DIRECTOR APPROVAL:�j/ •C nmitte o 'i mtial/Date Initial/Date InitialiDate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 18, 2020. PROPOSED COUNCIL MOTION(S): Committee Member FIRST READING OF ORDINANCE (FEBRUARY 18, 2020): "1 move to forward the proposed ordinance to the March 3, 2020 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 3,2020): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 3, 2020 TO: City Council VIA: Jim Ferrell, Mayor FROM: ,�, Walsh, P.E., Public Works Directo esiree Winkler, P.E. Deputy Public W'o ctor SUBJECT: Seattle SMSA Limited Partnership d/b/a Verizon Wireless — Franchise Ordinance FINANCIAL IMPACTS: Seattle SMSA Limited Partnership d/b/a Verizon Wireless, (Verizon Wireless) paid a fee of Five Thousand Dollars ($5,000.00) to recover the administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Verizon Wireless will be required to pay additional permitting fees for installation, operation and maintenance of their facilities, including, but not limited to right-of-way use permits, master license, and small wireless permits. Annual rental fees for attachment to city infrastructure are limited by Federal Communications Commission (FCC) ruling to $270 per site. There are currently no applications for installations, nor detailed deployment plans to estimate potential revenue. BACKGROUND INFORMATION: Verizon Wireless requested a franchise from the City of Federal Way in order to install, operate, maintain and repair a telecommunications network consisting of small wireless facilities in, across, over, along, under, through and below the City of Federal Way rights-of-way. The term of this Franchise is for a period of ten (10) years commencing on the effective date of this Franchise consistent with franchises the City has granted to other utility providers. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this Franchise. In addition, Verizon Wireless shall guarantee work they complete in the right-of-way during project construction to final acceptance through a Performance Bond in an amount of 120 percent (120%) of the value of work performed followed by a two-year Maintenance Bond valued at 10% of the value of construction work not to exceed $250,000. Verizon Wireless will maintain insurance of $5 Million for commercial general liability, $5 Million for automobile, and carry an excess umbrella liability policy with limits of $10,000,000 per occurrence and in the aggregate. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, granting Seattle SMSA Limited Partnership d/b/a Verizon Wireless, its affiliates, successors and assigns a nonexclusive franchise to occupy the rights-of-way of the City of Federal Way, Washington, within the specified franchise area for the purposes of constructing, maintaining, operating, replacing, and repairing a telecommunications network consisting of small wireless facilities in, across, over, along, under, through and below the City of Federal Way. WHEREAS, Seattle SMSA Limited Partnership d/b/a Verizon Wireless has requested a franchise from the City of Federal Way, in order to locate a telecommunications network consisting of small wireless facilities within the rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a franchise, which will specify the rights and duties of Seattle SMSA Limited Partnership d/b/a Verizon Wireless; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires, and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law and specifically reserves its right to adopt further regulations under its police powers. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. Where used in this Franchise the following terms shall be defined as follows: Ordinance No. 20- Page 1 of 50 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1 "Council" means the City of Federal Way Council acting in its official capacity. 1.2 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.3 Force Majeure Event: Circumstances beyond the control of a party including strikes, lockouts, sit-down strike, unusual transportation delays, riots, floods, washouts, explosions, earthquakes, fire, storms, weather (including inclement weather which prevents construction), acts of the public enemy, wars, terrorism, insurrections, and any other similar act of God event. 1.4 "Facilities" or "Facility" means "Small Wireless Facilities" as defined in FWRC 19.256.020. Facilities shall also include all necessary cables, transmitters, receivers, equipment boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics, ground-based enclosures, cooling fans, grounding equipment, and other necessary or convenient appurtenances used for the specific small wireless facility and only as allowed pursuant to FWRC Chapter 19.256. Equipment enclosures with equipment generating noise that exceeds the noise limits allowed in the Codes or associated permit are excluded from "Facilities." 1.5 "Franchise Area" means the rights-of-way of the City. 1.6 "Franchisee" means Seattle SMSA Limited Partnership d/b/a Verizon Wireless and its respective successors and assigns if consented to by the City of Federal Way as provided in Section Oherein. 1.7 "FWRC" means the Federal Way Revised Code. Ordinance No. 20- Page 2 of 50 1.8 "Rights -of -Way" means land acquired or dedicated for public roads and streets, but does not include: (a) State highways; (b) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) Federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state parks and recreation commission; (e) federally granted railroad rights-of-way acquired under 43 U.S.C. § 912 and related provisions of federal law that are not open for vehicular use; or (f) leasehold or City owned property to which the City holds fee title or other title and which is utilized for park, utility, or a governmental or proprietary use and not primarily for road, street, or highway use. Franchisee is still required to obtain a lease or similar agreement for the usage of any City, or third party owned poles, conduit, fixtures, or structures. 1.9 "Services" means a small wireless facility network. Services do not include those personal wireless services and associated facilities that fall outside of the definition of Small Wireless Facilities (e.g., macro facilities) 1.10 "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Section 2. Grant/Acceptance. 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, operating, excavating, installing, maintaining, restoring, replacing, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. Nothing contained within this Franchise shall be construed to grant or convey any right, title, or interest in the Rights -of -Way to Franchisee other than for the purpose of providing the Services, nor to subordinate the primary use of the Right -of -Way as a public Ordinance No. 20- Page 3 of 50 thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall request a written amendment to this Franchise; provided, however, that Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6) under this Franchise. This Franchise does not grant Franchisee the right to install and operate wires and facilities to provide wireline transmission services, whether provided by a third -party, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides such wireline transmission services shall have an independent franchise to use the Rights -of -Way separate from this Franchise. 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within thirty (30) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. In addition, Franchisee shall submit proof of insurance obtained and additional insured endorsement pursuant to 0. The administrative fee pursuant to 0 is due within thirty (30) days of receipt of the invoice from the City. Section 3. City Property/Non-Exclusive Franchise. 3.1 City Property. This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City -owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City -owned or leased property within the Franchise Area other than the Rights -of -Way. Further, no right to install any facility, infrastructure, wires, lines, cables, or other equipment, upon private property without the owner's consent is granted herein. If Franchisee desires to use City -owned structures, physical facilities, parks, poles (including, but not limited to, utility poles and light poles), conduits, fixtures, or real property located within the Rights -of -Way, it shall enter into a separate lease or license agreement with the City. Ordinance No. 20- Page 4 of 50 3.2 Non -Exclusive Franchise. This Franchise is not an exclusive Franchise and shall not be construed to in any manner prohibit the City from granting other and further Franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law, including the City's right to adopt future regulations under its police powers. Such Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Rights -of -Way, thoroughfares and other public properties of every type and description. Section 4. Term. Subject to Franchisee filing its acceptance pursuant to Section 0, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities. 5.1 Location. The Facilities permitted by this Franchise shall be installed consistent with the FWRC and the City's standards, including but not limited to, FWRC 19.256 and the City of Federal Way Development Guidelines. The location of the Facilities, their depths below surface of ground, their height above the surface of the ground, or grade of a Right -of -Way, and any related existing equipment to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days after the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system, to the extent such information is available. Any such map (or Ordinance No. 20- Page 5 of 50 update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 WSDOT. To the extent that any Rights -of -Way within the Franchise Area are part of the state highway system ("State Highways") are considered managed access by the City and are governed by the provisions of Chapter 47.24 RCW and applicable Washington State Department of Transportation ("WSDOT") regulations, Franchisee shall comply fully with said requirements in addition to local ordinances and other applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that: a. Any pavement trenching and restoration performed by Franchisee within State Highways shall meet or exceed applicable WSDOT and City requirements; b. Any portion of a State Highway damaged or injured by Franchisee shall be restored, repaired, and/or replaced by Franchisee to a condition that meets or exceeds applicable WSDOT and City requirements; and C. Without prejudice to any right or privilege of the City, WSDOT is authorized to enforce in an action brought in the name of the State of Washington any condition of this Franchise with respect to any portion of a State Highway. 5.3 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Section 0 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.4 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall at the City's request, provide the location of Franchisee's Facilities within the Franchise Area by either field Ordinance No. 20- Page 6 of 50 markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. 5.5 One Call Locator Service. Prior to doing any work in the Franchise Area, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request from a third party or the City, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a direct result of Franchisee's failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 6. Noninterference of Facilities. 6.1 Maintenance of Facilities. Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and FWRC requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director in accordance with the terms herein and applicable law. This requirement applies whether the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. 6.2 Interference with Use of the Streets. When installing, locating, laying, or maintaining Facilities, apparatus, or improvement, Franchisee shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by Franchisee of such work. Any Facility, apparatus, or improvement shall be laid, installed, located, or maintained in conformance with instructions Ordinance No. 20- Page 7 of 50 given by, and to the satisfaction of the City. In any event, Franchisee shall, at its own expense, and to the satisfaction of the City in accordance with the terms of the right-of-way permit, restore to City standards and specifications any damage or disturbance caused to the Rights -of -Way or any City property as a result of Franchisee's construction or operations. Section 7. Requirement to Obtain Permits & Work in the Ri t of Way. 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, including but not limited to rights-of-way permits and small wireless facility permits, and pay all permit fees required by applicable City ordinances, regulations, resolutions, and rules prior to commencing any work within the Franchise Area. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWRC and be satisfactory to the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices ("MUTCD") 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health, or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of the nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. 7.3 Design Standards t()r Wireless Scry iccs and Undergrounding Facilities. Franchisee shall adhere to the City's Design and Construction Standards for the deployment of personal wireless services facilities, and subject to Subsection 0 below, shall underground its Facilities and/or place its Facilities within the pole as may be required by such design standards and this Franchise. Ordinance No. 20- Page 8 of 50 Franchisee shall not be permitted to erect new poles, except as permitted pursuant to Chapter 19.256 FWRC. a. Franchisee acknowledges and agrees that if the City allows the placement of Facilities above ground the City may, at any time in the future, require the conversion of Franchisee's aerial facilities to an underground installation or to be relocated at Franchisee's expense if the existing poles on which Franchisee's Facilities are located are designated for removal due to a City projects as described in 0. This Franchise does not place an affirmative obligation on the City to allow the relocation of such Facilities on public property or in the Right -of -Ways nor does it relieve Franchisee from any FWRC provision(s) related to the siting of wireless facilities. b. Franchisee shall not be required to underground any portion of the Facility that must technically remain above -ground to operate. If the City requires undergrounding of wirelines (either telecommunications or electrical) and allows Franchisee's Facilities to remain above ground, then Franchisee shall fully cooperate with the City and modify the affected Facilities to incorporate the placement of wireline services underground and internal to the pole if the replacement pole is hollow (for example, electrical and fiber) or otherwise consistent with a design plan agreed to between the City and Franchisee, at no cost to the City. 7.4 Work in the Ri is -of -Way. During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors and subcontractors shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other measures as required for the safety of all members of the general public and comply with all Ordinance No. 20- Page 9 of SO applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. 7.5 Coordination of Activities. Franchisee shall meet with the City and other franchise holders and users of the Rights -of -Way upon written notice as determined by the City, to schedule and coordinate construction in the Rights -of -Way. All construction locations, activities, and schedules shall be coordinated, as ordered by the City to minimize public inconvenience, disruption or damages. Section 8. Standard of Performance. 8.1 Backfilling, requirements. The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and City standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the day in which they have been opened. Trench areas within the Right -of -Way, but not within a driving lane, must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. 8.2 Asphalt Overlay. Any asphalt overlay completed within the Franchise Area during the five (5) year -period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Section 0 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director. Ordinance No. 20- Page 10 of 50 8.3 As -Built Maps. Within fifteen (15) days of completion of any installation or modification of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as - built" location of the Facilities. These plans and maps shall be provided at no cost to the City and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City and delivered electronically. Franchisee shall warrant the accuracy of all plans, maps, and as-builts provided to the City. 8.4 Joint Trench. If Franchisee shall at any time plan to make excavations in any area covered by this Franchise, Franchisee shall afford the City, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: a. Such joint use shall not unreasonably delay the work of the Franchisee causing the excavation to be made; b. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and C. Franchisee may deny such request for safety reasons. 8.5 Open Utility Trenches. Franchisee shall be entitled to reasonable access to open utility trenches when the City is constructing new utility trenches, provided that such access does not interfere with the City's placement of utilities or increase the City's costs. Franchisee shall pay to the City the actual cost to the City resulting from providing Franchisee access to an open trench, including without limitation the pro rata share of the costs of access to an open trench, additional costs, as determined by the City, attributed to Franchisee due to Franchisee's request to access the utility trenches, and any costs associated with the delay of the completion of a public works project. Further, the City may deny such requests if: Ordinance No. 20- Page 11 of 50 a. Such joint use unreasonably delays the work of the City; b. The parties cannot agree on terms and conditions; or C. Granting access to the utility trench creates a safety concern. 8.6 Additional Ducts/Conduit. Franchisee shall inform the City with at least thirty (30) days' advance written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -of -Way and provide the City with an opportunity to request that Franchisee provide the City with additional duct or conduit and related structures necessary to access the conduit pursuant to RCW 35.99.070. 8.7 Tree Trimming?. Franchisee may trim trees upon and overhanging on the Rights -of -Ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the trees from coming in contact with Franchisee's Facilities. The right to trim trees in this Section 0 shall only apply to the extent necessary to protect Franchisee's Facilities. Franchisee shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal from such activities. All trimming, except in emergency situations, is to be done after the explicit prior written notification and approval of the City and at the expense of Franchisee. Franchisee may contract for such services, however, any firm or individual so retained must first receive City approval prior to commencing such trimming, which approval shall not be unreasonably withheld, delayed, or conditioned. Nothing herein grants Franchisee any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Franchisee shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Franchisee's actions. Franchisee shall indemnify, defend, and hold harmless the City from third -party claims of any nature arising out of any act or negligence of Ordinance No. 20- Page 12 of 50 Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal. Franchisee shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an emergency situation, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Director. 8.8 Safe1y. Franchisee shall, at all times, employ professional care and shall install and maintain and use industry -standard methods for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and connections in, over, under, and upon the Rights -of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe condition. Franchisee shall comply with all federal, State, and City safety requirements, rules, regulations, laws, and practices, and employ all necessary devices as required by applicable law during the construction, operation, maintenance, upgrade, repair, or removal of its Facilities. By way of illustration and not limitation, Franchisee shall also comply with the applicable provisions of the National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety and Health Administration ("OSHA") Standards. Upon reasonable notice to Franchisee, the City reserves the general right to inspect the Facilities to evaluate if they are constructed and maintained in a safe condition. 8.9 Additional Safety Standards. a. Franchisee shall endeavor to maintain all equipment lines and facilities in an orderly manner, including, but not limited to, the removal of all bundles of unused cable on any aerial facilities. Ordinance No. 20- Page 13 of 50 b. All installations of equipment, lines, and ancillary facilities shall be installed in accordance with industry -standard engineering practices and shall comply with all federal, State, and local regulations, ordinances, and laws. C. Any opening or obstruction in the Rights -of -Way or other public places made by Franchisee in the course of its operations shall be protected by Franchisee at all times by the placement of adequate barriers, fences, or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly marked and visible. 8.10 Stop Work Order. On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. The stop work order shall: 8.11 Be in writing; 8.12 Be given to the person doing the work or posted on the work site; 8.13 Be sent to Franchisee by overnight delivery; 8.14 Indicate the nature of the alleged violation or unsafe condition; and 8.15 Establish conditions under which work may be resumed. Section 9. Survey Markers and Monuments. 9.1 Survey Markers and Monuments. Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. In accordance with RCW 58.24.040(8), no cadastral or geodetic survey monument may be disturbed without a valid permit to remove or destroy a survey monument, issued by the Washington State Department of Natural Resources. Permit applications can be obtained on the DNR Public Land Survey Office website. The permit Ordinance No. 20- Page 14 of 50 application must be stamped by a registered Washington State Land Surveyor. Franchisee shall obtain the permit to remove or destroy a survey monument as necessary. All costs to obtain and comply with the permit shall be paid by Franchisee. 9.2 Surface Markings/Stakes. Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments, shall be borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall be filed with the City. Section 10. Work of Subcontractors and Contractors. Franchisee's contractors and subcontractors shall be licensed and bonded in accordance with State law and the City's ordinances, regulations, and requirements. Work by contractors and subcontractors are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with this Franchise and applicable law. Section 11. Right of Ci1y to Complete Work. 11.1 Non-Compliance/Work Performed by City. In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations, or standards or with any of the terms of this Franchise and such noncompliance continues for a period of thirty (30) days Ordinance No. 20- Page 15 of 50 after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to 0 herein and Franchisee's obligation to remove or relocate facilities pursuant to 0 herein. If any work by Franchisee endangers property or the public, the cure period referenced in the previous sentence shall be ten (10) days. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys' fees; however, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. 11.2 F.nnergeilc_y Work Performed by City. The City retains the right and privilege to cut or move any Facilities located within the Rights -of -Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. Consistent with Section 0, Franchisee shall reimburse the City for the costs associated with the repair. 11.3 No Lia biliy for Damage. The City shall not be liable for any damage to or loss of Facilities within the Rights -of -Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights -of - Way by or on behalf of the City, except to the extent directly and proximately caused by the sole negligence or intentional misconduct of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions Ordinance No. 20- Page 16 of 50 under this 0 except to the extent caused by the sole negligence or intentional misconduct of the City, its employees, contractors, or agents. Section 12. Required Relocation of Facilities. 12.1 City- Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street and Right -of -Way improvement projects. 12.2 Relocation. The City may require Franchisee, and Franchisee covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, and/or modify its Facilities within the Rights -of -Way when reasonably necessary for construction, alteration, repair, or improvement of the Right -of -Way for purposes of public welfare, health, or safety. These projects may include, but are not limited to, improving the Rights -of -Way for traffic conditions, dedications of new Rights -of -Way and the establishment and improvement thereof, widening and improvement of existing Rights -of -Way, street vacations, roadway construction, change or establishment of street grade, or the construction of any public improvement or structure, or as otherwise necessary for the operations of the City, regardless of the type of entity (public or private) performing the project. Collectively all such projects described in this Section 0 shall be considered "Public Projects." Except as otherwise provided by law, the costs and expenses associated with relocation or disconnections ordered pursuant to this Section shall be borne by Franchisee. 12.3 Notice of Public Projects. If the City determines that the project necessitates the relocation of Franchisee's existing Facilities, the City shall provide Franchisee in writing with a date by which the relocation shall be completed (the "Relocation Date") consistent with RCW Ordinance No. 20- Page 17 of 50 35.99.060(2). In calculating the Relocation Date, the City shall consult with Franchisee and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the City's overall project construction sequence and constraints, to safely complete the relocation. Franchisee shall complete the relocation by the Relocation Date, unless the City or a reviewing court establishes a later date for completion, as described in RCW 35.99.060(2). To provide guidance on this notice process, the City will make reasonable efforts to engage in the following recommended process, absent an emergency posing a threat to public safety or welfare or an emergency beyond the control of the City that will result in severe financial consequences to the City: a. The City will consult with the Franchisee in the predesign phase of any Public Project in order to coordinate the project's design with Franchisee's Facilities within such project's area. b. Franchisee shall participate in predesign meetings until such time as (i) both parties mutually determine that Franchisee's Facilities will not be affected by the Public Project or (ii) until the City provides Franchisee with written notice regarding the relocation as provided in subsection 0 below. C. Franchisee shall, during the predesign phase, evaluate and provide comments to the City related to any alternatives to possible relocations. The City will give any alternatives proposed by the Franchisee full and fair consideration, but the final decision accepting or rejecting any specific alternative shall be within the City's sole discretion. d. The City will provide Franchisee with its decision regarding the relocation of Franchisee's Facilities as soon as reasonably possible, endeavoring to provide no less than ninety (90) days prior to the commencement of the construction of such Public Project; provided, Ordinance No. 20- Page 18 of 50 however, that in the event that the provisions of a state or federal grant require a different notification period or process than that outlined in Section 5.5, the City will notify the Franchisee during the predesign meetings and the process mandated by the grant funding will control. e. After receipt of such written notice, Franchisee shall relocate such Facilities to accommodate the Public Project consistent with the timeline provided by the City and at no charge or expense to the City. Such timeline may be extended by a mutual agreement. 12.4 Franchisee's Duties. Within the time frame established by the City notice under Section Error! Reference source not found. requiring relocation, Franchisee shall raise, lower, or move such Facilities within the Franchise Area to the location or position directed by the City, to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a Right -of - Way, Franchisee shall, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the Right -of -Way. The relocation of the Facilities shall be at the Franchisee's sole cost and expense except as otherwise provided in RCW 35.99.060. 12.5 Delay. Franchisee shall be solely responsible for the out-of-pocket costs incurred by the City for delays in a Public Project to the extent the delay is caused by or arises out of Franchisee's failure to comply with the final schedule for the relocation (other than as a result of a Force Majeure Event or causes or conditions caused by the acts or omissions of the City or any third party unrelated to Franchisee. Franchisee vendors and contractors shall not be considered unrelated third parties). Such out-of-pocket costs may include, but are not limited to, payment to the City's contractors and/or consultants for increased costs and associated court costs, interest, and attorneys' fees incurred by the City to the extent directly attributable to such Franchisee's Ordinance No. 20- Page 19 of 50 caused delay in the Public Project. Franchisee will indemnify, hold harmless, and pay the costs of defending the City, in accordance with the provisions of 0, against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of Franchisee to remove or relocate its Facilities as provided in this 0; provided, that Franchisee shall not be responsible for damages due to delays caused by circumstances beyond the control of Franchisee or the sole negligence, willful misconduct, or unreasonable delay of the City or any unrelated third party. 12.6 Third -Party Relocations. The provisions of this 0 shall in no manner preclude or restrict Franchisee from making arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, or a third -party on behalf of the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated, or maintained facilities provided that such arrangements do not unduly delay a City construction project. 12.7 Relocation - Franchisee Owned Structures. The cost of relocation of any Franchisee owned poles or structures shall be determined in accordance with the requirements of RCW 35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of relocating its Small Wireless Facilities in order to provide consideration for the City's approval to site a Small Wireless Facility on Franchisee owned structures or poles in a portion of the Right -of -Way designated or proposed for a Public Project. For this Section 0, designation of the Right -of -Way for a Public Project shall be undertaken in the City's Comprehensive Plan in accordance with the requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to, the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element, utilities element and any other element authorized by RCW 36.70A.070 and RCW 36.70A.080. Ordinance No. 20- Page 20 of 50 The parties acknowledge that this provision is mutually beneficial to the parties, as the City may otherwise deny the placement of the Small Wireless Facility at a particular site because of the cost impact of such relocation and the conflict with the City's Comprehensive Plan. 12.8 Third Party Structures. If the request for relocation from the City originates due to a Public Project, in which structures or poles are either replaced or removed, then Franchisee shall relocate or remove its Facilities as required by the City at no cost to the City, subject to the procedures in this 0. Franchisee acknowledges and agrees that, to the extent Franchisee's Facilities are located on poles owned by third -parties, the City shall not be responsible for any costs associated with requests arising out of a City Public Project. 12.9 Locate. Upon request of the City and in order to facilitate the design of City street and Right -of -Way improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably determined necessary by the City, to excavate and expose its Facilities for inspection so that the Facilities' location may be taken into account in the improvement design. The decision as to whether any Facilities need to be relocated in order to accommodate the City's improvements shall be made by the City upon review of the location and construction of Franchisee's Facilities. The City shall provide Franchisee at least fourteen (14) days' written notice prior to any request for excavation or exposure of Facilities. 12.10 Cit 's Costs. If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outlined in this 0, then upon at least ten (10) days' written notice to Franchisee, the City may perform such work or cause it to be done, and the City's costs shall be paid by Franchisee pursuant to 0. Section 13. Damage Repair. In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to Rights -of -Way, or to public and private improvements within or adjacent to Ordinance No. 20- Page 21 of 50 Rights -of -Way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to Rights -of -Way, or to public and private improvements within or adjacent to Rights -of -Way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a Right -of -Way or an improvement as required in this section, the City may repair the damage pursuant to 0 of this Franchise. Section 14. Default. 14.1 Remedies. The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Franchisee's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained herein shall be deemed or construed to affect any such waiver. 14.2 Notice and Cure; Damages. If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall Ordinance No. 20- Page 22 of 50 undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, City may, at its discretion, (1) commence revocation proceedings pursuant to Section 0, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the Franchisee or bond set forth in 0, or (3) pursue other remedies as described in Section 0 above. 14.3 Revocation of Franchise. If Franchisee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful misconduct or gross negligence fails to heed or comply with any notice given Franchisee by the City under the provisions of this Franchise, then Franchisee shall, at the election of the Federal Way City Council, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the Council after a hearing held upon notice to Franchisee. Section 15. Deployment of Facilities. 15.1 City Retains Approval Authority. The City shall have the authority at all times to control by appropriately exercised police powers through ordinance or regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State of Washington, the location, elevation, manner of construction, and maintenance of any of Franchisee's Facilities, and Franchisee shall promptly conform with all such requirements, unless compliance would cause Franchisee to violate other requirements of law. This Franchise does not prohibit the City from Ordinance No. 20- Page 23 of 50 exercising its rights under federal, state or local law to deny or give conditional approval to an application for a permit to construct any individual Facility. 15.2 Cite Approvals and Permits. The granting of this Franchise is not a substitute for any other City required approvals to construct Franchisee's Facilities in the Rights -of -Way ("City Approvals"). The parties agree that such City Approvals (except Right -of -Way use permits as described in 0 of this Franchise) are not considered use permits, as that term is defined in RCW 35.99.010. These City Approvals do not grant general authorization to enter and utilize the Rights -of -Way but rather grant Franchisee permission to build its specific Facilities. Therefore, City Approvals are not subject to the thirty (30) day issuance requirement described in RCW 35.99.030. The parties recognize that this provision is specifically negotiated as consideration for designating the entire City as the Franchise Area. Such City Approvals shall be issued consistent with the Codes, state, and federal laws governing wireless communication facility siting and may be in addition to any permits required under Section 0. 15.3 Preference for Existing Infrastructure; Site Specific Agreements. a. Franchisee shall utilize existing infrastructure in the City whenever possible and consistent with the design, concealment, and siting of the Codes. The erection of new poles or structures in the Right -of -Way may only be permitted if no other alternative space feasible for the installation of the Facility is available. In the event that existing infrastructure is not available or feasible for a Facility, or if the City prefers new poles or infrastructure in a particular area of the City, then Franchisee may request the placement of new or replacement structures in the Rights -of -Way consistent with the requirements of the Codes. b. Franchisee acknowledges and agrees that pursuant to RCW 35.21.860, Franchisee may be required to enter into a site-specific agreement or lease for any of the following: Ordinance No. 20- Page 24 of 50 (i) The placement of new poles or structures in the Right -of -Way regardless of height, unless the new structure is the result of a mandated relocation; (ii) The placement of replacement structures when the replacement is necessary for the installation or attachment of the Facilities, the replacement structure is higher than the replaced structure, and the overall height of the replacement structure and the Facility is more than sixty feet; or (iii) The placement of Facilities on poles structures owned by the City located in the Right -of -Way. C. Replacement poles or structures which remain substantially similar to existing structures or deviate in height or design as permitted within the FWRC are permissible provided that Franchisee, or the pole owner at the Franchisee's request, removes the old pole or structure promptly, but no more than ninety (90) days after the installation of the replacement pole or structure. d. This Section 15.3.4 does not place an affirmative obligation on the City to allow the placement of new infrastructure on public property or in the Rights -of -Way, nor does it relieve Franchisee from any Code provision related to the siting of wireless facilities. 15.4 Concealment. Franchisee shall construct its Facilities consistent with the concealment or stealth requirements as described in the Codes, as the same exist or are hereafter amended, or in the applicable permit(s), lease, site specific agreement, or license agreement, in order to minimize the visual impact of such Facilities. 15.5 Eligible Facilities Requests. The parties acknowledge that it is the intent of this Franchise to provide general authorization to use the Rights -of -Way for Small Wireless Facilities. The designs as illustrated in a Small Wireless Permit, including the dimensions and Ordinance No. 20- Page 25 of 50 number of antennas and equipment boxes and the pole height are intended and stipulated to be concealment features when considering whether a proposed modification is a substantial change under Section 6409(a) of the Spectrum Act, 47 U.S.C. § 1455(a). 15.6 lnventoU. Franchisee shall maintain a current inventory of Facilities throughout the Term of this Franchise. Franchisee shall provide to the City a copy of an inventory report within thirty (30) days after a reasonable request by the City. The inventory report shall include locational coordinates, date of installation, type of pole used for installation, description/type of installation for each Facility installation and photographs taken before and after the installation of the Facility and taken from the public street. Facilities that are considered Deactivated Facilities, as described in Section 0, shall be included in the inventory report and Franchisee shall provide the same information as is provided for active installations as well as the date the Facilities were deactivated and the date the Deactivated Facilities were removed from the Right - of -Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Franchisee is not required to report on future inventory reports any Deactivated Facilities that were removed from the Right -of -Way since the last reported inventory and may thereafter omit reference to the Deactivated Facilities. 15.7 Unauthorized Facilities. Any Small Wireless Facilities installations in the Right -of -Way that were not authorized under this Franchise or other required City Approval ("Unauthorized Facilities") will be subject to the payment of an Unauthorized Facilities charge by Franchisee. The City shall provide written notice to Franchisee of any Unauthorized Facilities identified by City staff and Franchisee shall either (i) establish that the site was authorized, or (ii) submit a complete application to the City for approval of the Unauthorized Facilities. Upon Ordinance No. 20- Page 26 of 50 notice of the Unauthorized Facility, Franchisee shall be charged Five Hundred and 00/100 Dollars ($500.00) per day per Unauthorized Facility ("Unauthorized Facility Penalty"). The Unauthorized Facility Penalty shall be waived in its entirety if Franchisee can establish that the site was in fact authorized. The Unauthorized Facility Penalty shall be suspended upon the submission of a complete application to the City requesting approval of the Unauthorized Facility. If the application for such Unauthorized Facilities is denied as the final decision, then the Unauthorized Facility Penalty will resume until the Unauthorized Facilities are removed and Franchisee shall remove the Unauthorized Facilities from the City's Right -of -Way within thirty (30) days after the expiration of all appeal periods for such denial. Upon the conclusion of any matter involving an Unauthorized Facility, City shall provide Franchise an invoice detailing the total amount of the Unauthorized Facility Penalty, if any, which penalty Franchisee shall pay within thirty (30) days after receipt of notice thereof. This Franchise remedy is in addition to any other remedy available to the City at law or equity. Notwithstanding the foregoing, an Unauthorized Facility Penalty pursuant to this Franchise shall not be assessed if Franchisee received City Approval for the Small Wireless Facilities but such Small Wireless Facilities are technically inconsistent with the City Approval; provided, however, Franchisee is still required to fix any inconsistencies with the permit requirements and that this provision does not restrict the City's other enforcement rights. 15.8 Graffiti Abatement. As soon as practical, but not later than seven (7) days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all graffiti on any of its Facilities of which it is the owner of the pole or structure or on the Facilities themselves attached to a third -party pole (e.g., graffiti on the shrouding protecting the radios). The Ordinance No. 20- Page 27 of 50 foregoing shall not relieve Franchisee from complying with any City graffiti or visual blight ordinance or regulation. 15.9 Emissions Reports. a. Franchisee is obligated to comply with all laws relating to allowable presence of or human exposure to Radiofrequency Radiation ("RFs") or Electromagnetic Fields (" EMFs") on or off any poles or structures in the Rights -of -Way, including all applicable FCC standards, whether such RF or EMF presence or exposure results from the Facility alone or from the cumulative effect of the Facility added to all other sources operated by Franchisee or on behalf of Franchisee on or near the specific pole or structure. Franchisee shall comply with the RF emissions certification requirements of FWRC 4.23.020(2). b. Nothing in this Franchise prohibits the City from requiring periodic testing of Franchisee's Facilities, provided that such testing is not requested on any one Facility more than once in a calendar year, unless as otherwise required by a permit or due to a modification of the Facility. The City may inspect any of Franchisee's Facilities and equipment located in the Rights -of -Way. If the City discovers that the emissions from a Facility exceeds the FCC standards, then the City may order Franchisee to immediately turn off the Facility or portion thereof committing the violation, until the emissions exposure is remedied. Such notification shall be made orally by calling 800-264-6620 and by written notice pursuant to Section 0. Franchisee is required to promptly turn off that portion of the Facility that is in violation, no later than forty-eight (48) hours after receipt of oral notice. Franchisee shall reimburse the City for any costs incurred by the City for inspecting the Facility and providing notice as described in 0. 15.10 Interference with Public Facilities. Franchisee's Facilities shall not physically interfere or cause harmful interference, as defined in 47 CFR 15.3(m), with any City operations (including, Ordinance No. 20- Page 28 of 50 but not limited to, traffic lights, public safety radio systems, or other City communications infrastructure), or the emergency communications operation or equipment. If the Facilities cause such harmful interference, Franchisee shall respond to the City's request to address the source of the interference as soon as practicable, but in no event later than forty-eight (48) hours after receipt of notice. The City may require, by written notice, that Franchisee power down the specific Facilities, or portion thereof, causing such interference if such interference is not remedied within forty-eight (48) hours after notice. If, within thirty (30) days after receipt of such written notice from the City of such interference, Franchisee has not abated such interference, such Facility may be deemed an Unauthorized Facility and subject to the provisions of Section 0 or removal by the City consistent with Section 0. 15.11 Interference with Other Facilities. Franchisee is solely responsible for determining whether its Facilities interfere with telecommunications facilities of other utilities and franchisees within the Rights -of -Way. Franchisee shall comply with the rules and regulations of the Federal Communications Commission regarding radio frequency interference when siting its Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and obligations under this Franchise shall not physically or technically interfere in any manner with the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as expressly permitted by applicable law or this Franchise. Section 16. Limited Ruts. This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest Ordinance No. 20- Page 29 of 50 in or to the Franchise Area to Franchisee. The City reserves the right to limit or exclude Franchisee's access to a specific route, Right -of -Way or other location when, in the judgment of the Director there is inadequate space (including, but not limited to, compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights -of -Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, or for any other reason determined by the Director. Section 17. Eminent Domain. The existence of this Franchise shall not preclude the City from acquiring by condemnation, in accordance with applicable law, all or a portion of Franchisees Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 18. Vacation. If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the Franchise Area, if Franchisee has Facilities within such area planned for vacation. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. At Franchisee's request, the City will, if practicable, reserve an easement for Franchisee's existing facilities to continue to use the vacated area. Franchisee must provide to the City information necessary for the City to reserve such easement within the thirty (30) day period. Ordinance No. 20- Page 30 of SO Section 19. Compliance with Laws. 19.1 General. Franchisee shall comply with all applicable federal, state and City laws, franchises, resolutions, regulations, standards, policies and procedures, as now existing or hereafter amended or adopted, including without limitation the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit, or approval are in conflict, the term or condition of this Franchise will control. 19.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop rules, regulations, ordinances, and specifications for the use of the right-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same. 19.3 Franchise Fees. Franchisee hereby represents that its operations as authorized under this Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as defined in RCW 35.99.010. As a result, the City will not impose a franchise fee under the terms of this Franchise, other than as described herein. The City hereby reserves its right to impose a franchise fee on Franchisee if Franchisee's operations as authorized by this Franchise change such that the statutory prohibitions of RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees are removed. In either instance, the City also reserves its right to require that Franchisee obtain a separate franchise for its change in use, which franchise may include provisions intended to regulate Franchisee's operations, as allowed under applicable law. 19.4 Taxes. Franchisee stipulates and agrees that certain of its business activities are subject to taxation as a cellular telephone service and that Franchisee shall pay to the City the rate Ordinance No. 20- Page 31 of 50 applicable to such taxable services under Chapter 3.10 FWRC, and consistent with state and federal law. The parties agree that if there is a dispute regarding tax payments that the process in Chapter 3.10 FWRC shall control. The parties agree that nothing in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the City. This provision does not limit the City's power to amend Chapter 3.10 FWRC as may be permitted by law. Section 20. Guarantee. Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 2 years against settlement or repair including Facilities and right-of-way restoration. This guarantee shall apply only to such settlement or repair that the City attributes to Franchisee's Facilities, actions or omissions. Section 21. Charge for Administrative Costs. 21.1 Administrative Fee. Franchisee shall pay a one-time fee for the actual administrative expenses incurred by the City that are directly related to the receiving and approving this Franchise pursuant to RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and processing this Franchise. Such administrative fee shall be offset against the fee deposit required pursuant to FWRC 4.22.040; provided, however, if the administrative fee exceeds the fee deposit, then the Franchisee shall remit such additional amounts within thirty (30) days of receipt of an invoice from the City. No construction permits shall be issued for the installation of Facilities authorized until such time as the City has received payment of this fee. Franchisee shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities, including but not limited to reasonable fees associated with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority granted in this Franchise or any ordinances relating to the Ordinance No. 20- Page 32 of 50 subject for which a permit fee is not established, Franchisee shall pay such costs and expenses directly to the City in accordance with the provisions of Section 0. 21.2 Finc.r�,enc�, Re lair Costs. In addition to Section 0, Franchisee shall promptly reimburse the City in accordance with the provisions of Section 0 and Section 0 for "any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee's Facilities, to the extent said emergency is not the fault of the City. 21.3 Reimbursement of Expenses. Franchisee shall reimburse the City within sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee's Facilities in the Rights -of -Way. Such costs and expenses shall include but not be limited to Franchisee's proportionate cost of City personnel assigned to oversee or engage in any work in the Rights -of -Way as the result of the presence of Franchisee's Facilities in the Rights -of -Way. Such costs and expenses shall also include Franchisee's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Franchisee's Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee's Facilities. 21.4 Calculation of Costs. The time of City employees shall be charged at the hourly rate specified in the applicable Code, schedule, or other City adopted regulation. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City's option, the billing may be on an annual basis, but the City shall provide the Ordinance No. 20- Page 33 of 50 Franchisee with the City's itemization of costs, in writing, at the conclusion of each project for information purposes. Section 22. Indemnification. 22.1 Franchisee releases, covenants not to bring suit, and agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents, and representatives from any and all claims, costs, judgments, awards, or liability to any person, for injury or death of any person, or damage to property caused by or arising out of any acts or omissions of Franchisee, its agents, servants, officers, or employees in the performance of this Franchise and any rights granted within this Franchise. These indemnification obligations shall extend to claims that are not reduced to a suit and any claims that may be compromised, with Franchisee's prior written consent, prior to the culmination of any litigation or the institution of any litigation. 22.2 Inspection or acceptance by the City of any work performed by Franchisee at the time of completion of construction shall not be grounds for avoidance by Franchisee of any of its obligations under this 0. 22.3 The City shall promptly notify Franchisee of any claim or suit and request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend the City subject to this Section 22.3. City's failure to so notify and request indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to the extent that such failure prejudices Franchisee's ability to defend such claim or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant to the indemnification provisions within this Franchise, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of the action, including all expert witness fees, costs, and attorney's fees, and including Ordinance No. 20- Page 34 of 50 costs and fees incurred in recovering under this indemnification provision. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Franchisee to represent the City, then upon the prior written approval and consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to employ separate counsel in any action or proceeding and to participate in the investigation and defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief, restraining order or injunction. The City's fees and expenses shall include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also include the reasonable value of any services rendered by the counsel retained by the City but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the City by Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate with the other party in the defense of any such claim and the relevant records of each party shall be available to the other party with respect to any such defense. 22.4 Except to the extent that damage or injury arises from the sole negligence or willful misconduct of the City, its officers, officials, employees or agents, the obligations of Franchisee under the indemnification provisions of this 0, and any other indemnification provision herein, shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, its officers, officials, employees or agents and the Franchisee. Notwithstanding the proceeding sentence, to the extent the provisions of RCW 4.24.115 are applicable, the parties agree that the Ordinance No. 20- Page 35 of 50 indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. It is further specifically and expressly understood that the indemnification provided constitutes Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity claims made by the City directly against the Franchisee for claims made against the City by Franchisee's employees. This waiver has been mutually negotiated by the parties. 22.5 Notwithstanding any other provisions of this 0, Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and upon City -owned property from activities conducted by the City, its officers, agents, employees, volunteers, elected and appointed officials, and contractors, except to the extent any such damage or destruction is caused by or arises from any solely negligent, willful misconduct, or criminal actions on the part of the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform under this Franchise. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees, volunteers, or elected or appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages, lost profits and consequential damages, brought by users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors. Ordinance No. 20- Page 36 of 50 22.6 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Section 23. Insurance. 23.1 Franchisee shall procure and maintain for so long as Franchisee has Facilities in the Public Ways, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the acts or omissions of Franchisee. Franchisee shall require that every subcontractor maintain substantially the same insurance coverage with substantially the same policy limits as required of Franchisee. Franchisee shall procure insurance from insurers with a current A.M. Best rating of not less than A- VII. Franchisee shall provide a copy of a certificate of insurance and blanket additional insured endorsement to the City for its inspection at the time of acceptance of this Franchise, and such insurance certificate shall evidence a policy of insurance that includes: a. Automobile Liability insurance with limits of $5,000,000 combined single limit for each accident for bodily injury and property damage; b. Commercial General Liability insurance, written on an occurrence basis with limits of $5,000,000 per occurrence for bodily injury and property damage and $5,000,000 general aggregate including personal and advertising injury, blanket contractual; premises - operations; independent contractors; products and completed operations; explosion, collapse and underground (XCU); C. Pollution liability shall be in effect throughout the entire Franchise term, with a limit of one million dollars ($1,000,000) per occurrence, and two million dollars ($2,000,000) in the aggregate; Ordinance No. 20- Page 37 of 50 d. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington and Employer's Liability with a limit of $1,000,000 each accident/disease/policy limit. Evidence of qualified self-insurance is acceptable; and e. Excess Umbrella liability policy with limits of $10,000,000 per occurrence and in the aggregate. Franchisee may use any combination of primary and excess to meet required total limits. 23.2 Payment of deductible or self-insured retention shall be the sole responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance policies to satisfy the insurance policy limits required in this 0. Franchisee's umbrella liability insurance policy shall be at least as broad as its primary coverage. 23.3 The required insurance policies, with the exception of Workers' Compensation and Employer's Liability obtained by Franchisee shall include the City, its officers, officials, and employees ("Additional Insureds"), as an additional insured as their interest may appear with regard to any work or operations performed under this Franchise or by or on behalf of the Franchisee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made, or suit is brought, except with respect to the limits of the insurer's liability. Franchisee shall provide to the City upon acceptance a certificate of insurance and blanket additional insured endorsement. Receipt by the City of any certificate showing less coverage than required is not a waiver of Franchisee's obligations to fulfill the requirements. Franchisee's required general and auto liability insurance shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance Ordinance No. 20- Page 38 of 50 pool coverage maintained by the City shall be in excess of Franchisee's required insurance and shall not contribute with it. 23.4 Upon receipt of notice from its insurer(s), Franchisee shall provide the City with thirty (30) days prior written notice of any cancellation of any insurance policy, required pursuant to this 0. Franchisee shall, prior to the effective date of such cancellation, obtain replacement insurance policies meeting the requirements of this 0. Failure to provide the insurance cancellation notice and to furnish to the City replacement insurance policies meeting the requirements of this 0 shall be considered a material breach of this Franchise and subject to the City's election of remedies described in 0 above. Notwithstanding the cure period described in 0 above, the City may pursue its remedies immediately upon a failure to furnish replacement insurance. 23.5 Franchisee's maintenance of insurance as required by this Section 23 shall not be construed to limit the liability of Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or equity. Further, Franchisee's maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Franchisee. 23.6 The City may review all insurance limits once every three years during the Term and upon prior written notice to and review by Franchisee, may make reasonable adjustments in the limits upon thirty (30) days' prior written notice to Franchisee. Franchisee shall then provide a certificate of insurance to evidence the insurance coverage required by this Agreement and the additional insured endorsement. 23.7 As of the Effective Date of this Franchise, Franchisee is not self-insured. Should Franchisee wish to become self-insured at the levels outlined in this Franchise at a later date, Ordinance No. 20- Page 39 of 50 Franchisee or its affiliated parent entity shall comply with the following: (1) provide the City, upon request, a copy of Franchisee's, or its parent company's, most recent audited financial statements, if such financial statements are not otherwise publicly available; (2) Franchisee or its parent company is responsible for all payments within the self-insurance program; and (3) Franchisee assumes all defense and indemnity obligations as outlined in the indemnification section of this Franchise. Section 24. Bond. 24.1 Construction Performance Bond. Franchisee shall furnish a performance bond ("Performance Bond") written by a corporate surety reasonably acceptable to the City equal to at least 120% of the estimated cost of constructing Franchisee's Facilities within the Rights -of -Way of the City prior to commencement of any such work or such other amount as deemed appropriate by the Director. The Performance Bond shall guarantee the following: (1) timely completion of construction; (2) construction in compliance with all applicable plans, permits, technical codes, and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the Rights -of -Way and other City properties affected by the construction in accordance with the terms herein; (5) submission of as -built drawings after completion of construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor, materials, or services provided in connection with the work which could be asserted against the City or City property. Said bond must remain in full force until the completion of construction, including final inspection, corrections, and final approval of the work, recording of all easements, provision of as -built drawings, and the posting of a Maintenance Bond as described in Section 0. Compliance with the Performance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. Ordinance No. 20- Page 40 of 50 24.2 Maintenance Bond. Franchisee shall furnish a two (2) year maintenance bond ("Maintenance Bond"), or other surety acceptable to the City, at the time of final acceptance of construction work on Facilities within the Rights -of -Way. The Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of the construction work, but in no event shall a bond of more than $250,000 be required. The Maintenance Bond in this Section 0 must be in place prior to City's release of the bond required by Section 0. Compliance with the Maintenance Bond requirement of the City's current Design and Construction Standards shall satisfy the provisions of this Section 0. 24.3 Franchise Bond. Franchisee shall provide City with a bond in the amount of Fifty Thousand Dollars ($50,000.00) ("Franchise Bond") running or renewable for the term of this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall fail to substantially comply with any one or more of the provisions of this Franchise following notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally from Franchisee and the bond any actual damages suffered by City as a result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Franchisee specifically agrees that its failure to comply with the terms of this 0 shall constitute a material breach of this Franchise. The amount of the bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 25. Abandonment. 25.1 Where any Facilities or portions of Facilities are no longer needed, and their use is to be discontinued, the Franchisee shall report within thirty (30) days such Facilities in writing ("Deactivated Facilities") to the Director. This notification is in addition to the inventory Ordinance No. 20- Page 41 of 50 revisions addressed in 0. Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days and the site, pole or infrastructure restored to its pre-existing condition. This requirement shall include the removal of any underground Facilities within the Rights -of - Way unless otherwise agreed to by the City. Franchisee must apply and receive a permit, pursuant to Section 0, prior to any such removal of Facilities from the Rights -of -Ways. 25.2 In the event that the use of any part of the Facilities are discontinued for any reason for a continuous period of six (6) months or more, or in the event such Facility has been installed in any Right -of -Way or other public place without complying with the requirements of this Franchise or other City ordinances, the provisions of Section 0 shall govern. 25.3 Any property of Franchisee remaining in place ninety (90) days after such notice, termination or expiration of this Franchise shall be considered permanently abandoned. The City may extend such time not to exceed an additional thirty (30) days. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be reimbursed by Franchisee. Nothing contained within this 0 shall prevent the City from compelling Franchisee to remove any such Facilities through judicial action when the City has not permitted Franchisee to abandon said Facilities in place. 25.4 Any property of Franchisee permitted by the City to be abandoned in place shall be abandoned in such manner as the City shall prescribe. Upon permanent abandonment of the property of Franchisee in place, the property shall become that of the City, and Franchisee shall submit to the City Clerk an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property. 25.5 The provisions of this 0 shall survive the expiration, revocation, or termination of this Franchise. Ordinance No. 20- Page 42 of 50 Section 26. General Provisions. 26.1 Entire This Franchise contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 26.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both of the Parties. 26.3 Assignment. a. This Franchise may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law or otherwise, unless approved in writing by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a change of control as described in Section 0 below, or for collateral security purposes. Franchisee shall provide prompt, written notice to the City of any such assignment. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. For purposes of this Section, no assignment or transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee's stock; provided, however, any tender offer, merger, or similar transaction resulting in a change of control shall be subject to the provisions of this Franchise. b. Any transactions that singularly or collectively result in a change of more than fifty percent (50%) of the: ultimate ownership or working control of Franchisee, ownership or working control of the Facilities, ownership or working control of affiliated entities having ownership or working control of Franchisee or of the Facilities, or of control of the capacity or Ordinance No. 20- Page 43 of 50 bandwidth of Franchisee's Facilities, shall be considered an assignment or transfer requiring City approval. Transactions between affiliated entities are not exempt from City approval if there is a change in control as described in the preceding sentence. Franchisee shall promptly notify the City of any proposed change in, or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer, or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such request for an assignment or transfer requiring City's consent within one -hundred twenty (120) days of a completed application from Franchisee, unless a longer period of time is mutually agreed to by the parties or when a delay in the action taken by the City is due to the schedule of the City Council and action cannot reasonably be obtained within the one hundred twenty (120) day period. In the event that the City adopts a resolution denying its consent and such change, transfer, or acquisition of control has been affected, the City may revoke this Franchise, following the revocation procedure described in Section 0 above. The assignee or transferee must have the legal, technical, financial, and other requisite qualifications to own, hold, and operate Franchisee's Services. Franchisee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Franchise, in accordance with the provisions of Section 0 and Section 0, and shall pay the applicable application fee. C. Franchisee may, without prior consent from the City: (1) lease the Facilities, or any portion, to another person; (2) grant an indefeasible right of user interest in the Facilities, or any portion, to another person; or (3) offer to provide capacity or bandwidth in its Facilities to another person, provided further, that Franchisee shall at all times retain ownership over its Facilities and remain fully responsible for compliance with the terms of this Franchise, and Ordinance No. 20- Page 44 of 50 Franchisee shall furnish, upon request from the City, a copy of any such lease or agreement, provided that Franchisee may redact the name, street address (except for City and zip code), Social Security Numbers, Employer Identification Numbers or similar identifying information, and other information considered confidential under applicable laws provided in such lease or agreement, and the lessee complies, to the extent applicable, with the requirements of this Franchise and applicable City codes. Franchisee's obligation to remain fully responsible for compliance with the terms under this Section 0 shall survive the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still the owner or has exclusive control over the Facilities used by a third party. 26.4 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 26.5 Governina Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any dispute related to this Franchise shall be the United States District Court for the Western District of Washington, or King County Superior Court. 26.6 Authori . Each individual executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City. 26.7 Designated Contact. Franchisee shall use reasonable efforts to periodically update the City with contact information for a Franchise manager or government affairs liaison to act as a Ordinance No. 20- Page 45 of 50 resource for the City for Franchise related questions, including but not limited to questions related to Franchise compliance, scheduling and construction. Such information shall be provided at the time of acceptance of this Franchise. Failure to periodically update the City with the contact information will not be considered a breach of this Franchisee. 26.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: CITY OF FEDERAL WAY Attn: Public Works Director 33325 8th Avenue South Federal Way, WA 98003 with a copy to: CITY OF FEDERAL WAY Attn: City Attorney 33325 8th Avenue South Federal Way, WA 98003 SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS Attn: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 with a copy to: SEATTLE SMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS Attn: Pacific Market General Counsel 15505 Sand Canyon Avenue Irvine, CA 92618 Any notice required or permitted under this Franchise shall be in writing, and shall be delivered personally, delivered by a nationally recognized overnight courier, or sent by registered or certified mail, return receipt requested, to the other party at the address listed below. If such notice, demand or other communication shall be served personally, service shall be conclusively deemed made at the time of such personal service. If such notice, demand or other communication is given by overnight delivery, it shall be conclusively deemed given the day after it was sent to the party to whom such notice, demand or other communication is to be given. If such notice, demand or other communication is given by mail, it shall be conclusively deemed given three (3) days after it was deposited in the United States mail addressed to the party to whom such notice, demand or other communication is to be given. Ordinance No. 20- Page 46 of SO 26.9 Captions. The respective captions of the sections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 26.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise 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. 26.11 Hazardous Substances. Franchisee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee allow any of its agents, contractors or any person under its control to do the same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property to the extent associated with Franchisee's use, storage, or disposal of hazardous substances, whether or not intentional, and the use, storage, or disposal of such substances by Franchisee's agents, contractors or other persons acting under Franchisee's control, intentional or not. 26.12 FAA. Franchisee acknowledges that it, and not the City, shall be responsible for the premises and equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other liabilities caused by Franchisee's failure to comply with such requirements. Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the Franchisee's equipment is not in compliance and should Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate Ordinance No. 20- Page 47 of 50 this Franchise immediately on notice to the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's expense. Section 27. 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. S ectloii ?S. 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. SeCt'oi1 _'9. Ratification. Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 30. Effective Date. This Franchise shall take effect and be in full force five (5) days after its passage and publication, according to law (see Effective Date below). PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY: Ordinance No. 20- Page 48 of 50 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 49 of 50 ACCEPTANCE: The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of , 20 SEATTLE SMSA LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS By Celleo Partnership, its General Partner By: Its: Ordinance No. 20- Page 50 of 50 COUNCIL MEETING DATE: February 18, 2020 ITEM #: / b .... ... . ....... CITY OF FEDERAL WAY CITY COUNCIL AGEN I)A BILL SUBJECT: ORDINANCE: REVISING FWRC 6.35.030 - PEDESTRIAN INTERFERENCE POLICY QUESTION: Should the City of Federal Way revise its Pedestrian Interference code to reflect changes in federal and state law? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: February 11, 2020 Council Committee CATEGORY: ❑ Consent Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Eric Rhoades, Assistant Ci Attorney DEPT: Law _ .�. Y Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: NW I'y a DIRECTOR APPROVAL: �L' t 12;742 a Cor IM cc eiI InitiaMate Initial/Date 61 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 18, 2020. I--- — «e Committee . air Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (FEBRUARY 18, 2020): "I move to forward the proposed ordinance to the March 3, 2020 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 3, 2020): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 27, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor Ryan Call, City Attorney FROM: Eric Rhoades, Assistant City Attorney SUBJECT: Ordinance revising the Pedestrian Interference code Financial linpacts: There is no expected direct cost to the City for revising the pedestrian interference sections of the Federal Way Revised Code. The affected code sections do not obligate the City to expend funds. This revision is not expected to significantly change the amount of fines collected pursuant to citation under this section. Background Information: The City of Federal Way's current Pedestrian Interference code section has been revised multiple times since its enactment in 1991. It is time to revise it again to remain consistent with the evolving case law at the intersection of begging and freedom of speech. Federal and state courts hold that charitable appeals for money, including appeals in the form of begging, are constitutionally protected as a form of free speech. The appeal for money is in the content of the speech. Courts also hold that laws that regulate speech based on its content are presumptively unconstitutional. Therefore the regulation of begging has repeatedly been found unconstitutional by the courts. Staff recommends removing all references to begging from the section. Much of the unwanted behavior that the original language was meant to address, such as intimidation, threats, violence, unwanted touching, and trespassing, is also prohibited by other criminal code sections. After enacting the proposed code revision, police and prosecutors will remain authorized to make arrests and file criminal charges against persons for harassment, assault, and trespassing without unconstitutionally regulating free speech. What will remain in this section is the essential violation of pedestrian interference, obstructing traffic on the roadway or sidewalk, without reference to the constitutionally protected act of begging for money. Rev. 7/18 Federal Way Pedestrian Interference ordinance shown after proposed revisions -February 2020 FWRC 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: (a) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (2) A person is guilty of pedestrian interference if, in the public right-of-way, he or she intentionally obstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing an object in such a manner as to block passage by another person or a vehicle that has the right-of-way causing a pedestrian or vehicle operator to take evasive action to avoid contact; or loitering on the roadway or on a median between lanes of travel. (3) Persons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from this prohibition on obstructing traffic. (4) A person violating this section is guilty of a misdemeanor. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to pedestrians interfering with traffic; amending FWRC 6.35.030. (Amending Ordinance Nos. 15-802, 15-784, 11-697, 08-576, 05-509, 94- 214, and 91-89) WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; and WHEREAS, federal and state courts hold that charitable appeals for funds, including appeals in the form of begging, are free speech protected by the First Amendment to the United States Constitution; and WHEREAS, the City Council wishes to revise this ordinance to be consistent with current case law; and WHEREAS, obstructing traffic and loitering in a roadway interfere with and potentially jeopardize the safety of pedestrians and people in vehicles; and WHEREAS, regulating conduct that obstructs traffic is in the interest of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. F i nd i n L, s. The foregoing recitals are adopted as findings of the City Council. Section 2. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference. (1) The following definitions apply to this section: (a) ",� g2f e qsiltc1v bef .3.ti 1 .�.` Wii1 t1le il;:e;it ii,l i1 IiMil ituf Money af-goods. Ordinance No. 20- Page I of 4 (_) �'Eili'., to ;}s, ,--liif-niiTnez% or gi1ii�: ti rl-�-a l.' liariav. 1�� e -coir -by wBrcra: edi!5 c'srarcr_ n' or ether �� 1 m1�lRSO �: IRIRLRTA�f9lf LTJ �1R1\KRiRff�}t�C!li �e ��e�ie��nr (i) Wajld;it. stand;, sitt;-,-, l,z;,-.., of plae .,g_a ,..bjeet i stieli r-nianiier ti"S�f3 �?lfar:� paSSa�aL' ,?}= }.ii.oiiC!" or ci--v-Aidti. that, -FL'E�•i]-iica`=�"pcaesd-rm,--trf -Vti�Ve?4$ (.11) LolierM4 oii..the }"i>ad\l ;a or fin a iiiediall l .1 lfq el in .f!der to beg !'. ofn the�ttt3ar�t �_ri eh.ieles frit l}��v� (ad) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. C L `' i t-ei-€eel Evidence efi t;.,Adat en ineludes, but is not liiiiited to: (i) Pe,—'Siselieiting after ar-efusal; (iii) 11.-;.ig violent or rl,.-e teiiin� J e5tLires „Nle begging; +le,A�ir erg �e lfag�cruc c5 riie� 3 it3.•� 1 1i3L'-C'tii { i t3 3 iiwi�u�yvs��isuaSMUA_i t,.;r Begging within 25 fee ofan aulo ,.,.,ted teller m ehi ie -f -r' T i. "Publie " means an afea lic =.'ie - aiid Iii£illl- e -s -a -4e. -,Hf ge? , build;„ s a,;,,o„- ys .,,.ldng lotr a-fk.q ,,1 H,�� ' cz{5 a3E'f3 111-t��t? `?t1ilt'iic�l *' , publ; ifieltidinfi 0 *,-qe that serve F e ei- d fi fik e pi-evii .-le enter -Brite 4ie d[3t71"lk`ayLs £3Aitii1d'fw-, c-4weIliftgs n„rl_t ,e _ter,,.,, ds enelosi-iig them. (2) A person is guilty of pedestrian interference if, while in the a -public right-of-waypbwe, he or she intentionally: (a) A—F- ssivelV -or N Obstructs pedestrian or vehicular traffic by Nvalking, standiiw. sitting, lying or placing object in sticli a iii;:iiiiier_as to block passage by aiiotlier persota or ei %eliicle that has the right - Ordinance No. 20- Page 2 of 4 of-Nvay critisiiig a l)cclestrian or vehicle of enitor to tate evasive action to avoid contact. or loiteringon the roadway or on a median between lanes of travel. L3) Persons ticial,111y CTI- a' teal in work upon a develop-inent or maintenance}jrQject_inclixiirig construction and maintenance workers, survevors_ and fla�,crs, within any c:oiistruction or maintenance area indicated by official traffic control devices are exempt froiii this prohibition on obstructing traffic. (34) A person violating this section is guilty of a misdemeanor. ,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. 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. Effective Date. This ordinance shall take effect and be in force thirty days after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [signatures to follow] Ordinance No. 20- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: 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: February 4, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: ORDINANCE: CREATING AN INFORMATION TECHNOLOGY DEPARTMENT POLICY QUESTION: Should the City Council approve the proposed ordinance to create an Information Technology Department? COMMITTEE: FEDRAC MEETING DATE: 1/28/2020 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: 7. R an Call, Ci Attorney -__ DEPT: Law ---..._......---...........�.._..._......._........ _' - - ........ t..'...... _._.__.w... . Attachments: 1. Staff Report 2. Proposed Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND ON: Option 1. MAYOR APPROVAL: I v / DIRECTOR APPROVAL: C I zz 12� C �nin�ttc r C. aicil nif3'.LD? lIc Initial/Date Initia]/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 4, 2020. Committee Chair PROPOSED COUNCIL MOTION(S): ommittee MeYnber Z-^� _` C017(VtCCC Mem FIRST READING OF ORDINANCE (2/4/2020): "I move to forward the proposed ordinance to the February 18, 2020 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (2/18/2020): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ! El APPROVED COUNCIL BILL# hti �! ❑ 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: January 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney UgC- SUBJECT: Creation of an Information Technology Department Financial Impacts: For FY2020, the new IT Department will operate within the budget previously approved for operation of the IT division with the exception of a wage increase incurred by changing the IT Manager position to IT Director. Further alterations to the budget would follow the normal budget adjustment process. Summary of Ordinance: Title 2 of the Federal Way Revised Code ("FWRC") sets forth the departments and appointive officers that require Council confirmation. The proposed ordinance amends Title 2 FWRC to create a new department known as the Information Technology Department. The Mayor intends to appoint Thomas Fichtner, the current Information Technology Manger, as director of the new department with approval of Council. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the creation of an Information Technology Department; amending FWRC 2.11.040; and adding new section 2.16 to Title 2. (Amending Ordinance Nos. 14-766 and 10-666) WHEREAS, the Mayor has recommended, and the City Council concurs, that the City should establish an Information Technology Department; and WHEREAS, the Federal Way Revised Code should be modified to reflect this change; and WHEREAS, the City Council seeks to define the functions of this new department and the qualifications of its director. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.11.040 is hereby amended to read as follows: 2.11.040 Other divisions. The mayor's office shall oversee the following divisions: human resources, teehnalegy and emergency management services. Section 2. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter 2.16 to read as follows: 2.16.010 Creation of department. There is hereby created a city department known as the information technology department. The department shall provide, or manage the pEgKki ()t, Inform 3t10I]_.31 Stern services. communication services. GeouravIiical [nfrormation Systems LCIS} services. Ziaul the procrirei em and maintenance of related hardware for the de artments of the city. Ordinance No. 20- Page 1 of 4 2.16.020 Information technology director — Appointment and confirmation. There is hereby created the position of information techil-olclgy cllreclor_ Ilie 111101111-atiurl technology director shall be appointed 1)V the nlalor, Albject to conrinmitionb} a nlajority oC lle city council. 2.16.030 Information technology director — Duties. The information technology director shall be responsible for directing city information system programs and operations includiiig developing strategic plans, standards. policies, and procedures applicable to city information processing and technolo.L�ti, coordinating technologytil iiulinl. needs assessment, troubleshooting, purchLisc and inlplenient.ition_O1'bLisiness 1l)plic }tiorls._r.oice Lin(] claw coniniunlcatlons, infrastructure software and llrll'd it ..aml n1.iiigg,in�g prol'essW11,11 and technical staff. 2.16.040 Information technology director — Qualifications. The information tecluiology director shall have any combination eL]Uivalent to a bachelor's degree in business administration, compLEter.sclence, lntornlmion s,,stems or related field along with increisi,nglyresponsible relevatlt management expene1cei.nclucling signiii_it nt experience nlanaginL� com Dle.x inforrllation systems l�rc7jects. Sect qn 3. Seg erabiIIty . 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, Ordinance No. 20- Page 2 of 4 sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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. 2020. PASSED by the City Council of the City of Federal Way this day of February, [signatures to follow] 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