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2020-04-21 Council PKT - Regular
CITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting April 21, 2020 - 6:30 p.m. Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click Here to Watch Online Live Streaming Video of the Meeting IV Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 685-690-722 Sign -Up- here to give citizen comment during the meeting (via calling -in) *form must be submitted no later than 2 hours prior to the meeting. 0 Click Here to submit written comments to the City Council IIII Watch from the Zoom mobile app with meeting: 685 690 722 and password: 131162 III 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation- Sexual Assault Awareness Month — April 2020 ... page 3 b. Mayor's Emerging Issues and Report • Covid-19 Response and Update; Mayor Ferrell and Ray Gross, EM • Financial Report — Ade Ariwoola, Finance Director • Report on Faith Community Zoom Conference (April 14) • Report on the letter of support for House Resolution 6467 regarding the Coronavirus Community Relief Act Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 4. CITIZEN COMMENT Please email comments to COUNCIL(cDcityoffederalway.com. Individuals who submit a citizen comment request form (found here) prior to the meeting, will be allowed 3 minutes to speak via telephone during the meeting, no in- person comments are allowed. 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: April 7, 2020 City Council Regular Meeting Minutes ...page 4 b. Amendment No. 1 to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2017 ...page 13 c. Cultural Relief Fund Application ...page 19 d. Lease of Old Target Parking Lot to Waste Management of Washington, Inc. ...page 21 e. Purchase Park Traffic Gates ...page 28 f. 2019 Emergency Management Performance Grant Award ...page 32 g. SW 320th Street Preservation — 30% Design Status ...page 69 h. SW 356th Street Preservation — 30% Design Status ...page 72 i. 2020 Pavement Repair Project Bid Award ...page 75 j. Acceptance of Professional Services Contract for Housing Action Plan ...page 80 6. COUNCIL BUSINESS a. Payment of Judgement in the Hunter Case ...page 91 7. COUNCIL REPORTS 8. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF ,'�.. Federal Way PROCLAMATION "Sexual Assault Awareness Month" WHEREAS, In Washington State 45% of women and 22% of men report having experienced sexual violence in their lifetime; and WHEREAS, Rape is among the most underreported crimes for reasons that include victim's fear of being disbelieved or further traumatized within systems designed to support them. Additional barriers to reporting, such as language, immigration status, or gender and racial bias, reduce reporting even further; WHEREAS, In King County, more than 7,400 adults and children received specialized assistance from organizations with programming for sexual assault victims in 2019; and WHEREAS, Demand for services to help survivors heal has increased significantly since 2016, reflecting the cultural shift that is taking place that has prompted many survivors who have remained silent to now speak up and seek the help they need to heal; and WHEREAS, Individual and community impacts of sexual violence are rooted in and compounded by racial, gender, sexual orientation, and other forms of oppression; and WHEREAS, King County is home to many organizations that provide culturally and linguistically specific services for survivors from various racial/ethnic, faith, and cultural communities, survivors who are immigrants and refugees, survivors who are LGBTQ, and survivors with disabilities, and these culturally specific services are critical to effectively respond to the specific needs and barriers many survivors Tace; and WHEREAS, Working together to support our community's response to sexual violence, supportingsurvivors when they come Forward, speaking out against and working to change harmful atitudes and actions, and engaging in sexual violence education and prevention work helps end sexual violence NOW, THEREFORE, we, the undersigned Mayor and Cit Council of the City of Federal Way, do hereby join advocates and communities throughout Federal Way and King County in takin action to prevent sexual violence by standing with survivors and proclaiming April 2020 Sexua Assault Awareness Month. Together, we commit to a safer future for all children, young people, adults, and families in our community. SIGNED this 21st day of April, 2020 FEDERAL WAY MAYOR AND CITY COUNCIL m F rell, Mayor DI � / rite L aAssefa-0a son, Councilmember Hoang V. Tran, Councilmember Martin A. Moore, touncilmember S4san Honda, Council President Gr6go so, Councilmember X,,.a.-1.��>r--- Mark Ko g, Co6ritilmembeK Lin a Kochmar Councilmember COUNCIL MEETING DATE: April 21, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the April 7, 2020 Regular Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, _City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the April 7, 2020 Regular Meeting 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 N/A Council Initial/Date CITY CLERK APPROVAL: lnitiailDatiYjJ.,� �°' �'�✓��J COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES Meeting held remotely via Zoom April 7, 2020 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:35 p.m. L io ; JI;ZAM City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Mayor's Emerging Issues and Report Mayor Ferrell provided a brief report on the number of COVID-19 cases reported in Federal Way as of Saturday (04-04-2020) with 808 individuals tested; 129 positive results and 2 deaths. The Mayor asked for a moment in silence for our neighbors who lost their lives due to COVID-19. Update on Covid-19 Response Emergency Manager Ray Gross provided an update for Council on the key issues and steps taken in response to the COVID-19/Coronavirus Public Health Crisis. He continues to meet with local partners and jurisdictions and noted vulnerable populations are at a higher risk including those with underlying health issues, and the homeless populations. Currently there have not been any confirmed cases of COVID-19 among city staff, which represents diligence of the city departments breaking into smaller teams and rotating office time and working remotely. He reported the Center for Disease Control (CDC) confirmed cases and deaths in the United States. Mr. Gross noted based on projections, the peak has passed with a high of 24 Washington deaths in one day. He further noted, also based on projections, if social distancing and healthy habits continue early to mid-May should see signs of improvement towards a zero death model. Federal Way City Council Regular Minutes Page I of 8 April 7, 2020 Mayor Ferrell thanked Mr. Gross for his update and noted he meets with senior management every Monday morning and following those meetings is the Outbreak Advisory Team meeting during which issues directly related to COVID-19 are discussed. He thanked those in our community who are helping including health care workers, first responders, grocery store workers, essential businesses, and our hard working city staff. He asked everyone to continue to follow public health recommendations to ensure a quick and speedy resolution. Mayor Ferrell highlighted actions taken by the city, including staff alternating work schedules to reduce the amount of individuals in the office. He assured citizens that City Hall is still operational and city staff are available during regular business hours and can be reached by email, electronic submittal or by phone. City facilities including the Community Center, Dumas Bay Centre, and the Performing Arts and Event Center will remain closed through May 4. Cancelled performances are currently being rescheduled. While all amenities including picnic shelters, playgrounds and bathrooms are closed, the city parks will remain open; visitors are asked to respect social distancing while using the grounds. He recently issued a Proclamation of Emergency to freeze residential late fees which will remain in effect for the duration of the moratorium on residential evictions ordered by Governor Inslee on March 18, 2020. Increased funding has been allocated to the Multi - Service Center who has seen a significant increase in families visiting the food bank. City staff will assist in delivering food to the food bank and may also play a role in the distribution of food to those in the community in need. Additional funds have been allocated to extended services at the Day Center and Reach Out Shelter. A proposed resolution on tonight's agenda for City Council consideration is seeking authorization of up to $300,000 in allocations to address basic needs of residents during the COVID-19 crisis. He also briefed Council on the need to address the basic needs of businesses during this time. The seven point strategy "Prosperity Beckons" will focus on recovery and re -opening of businesses, and also include future development of our communities' businesses. Included in this process will be creating a Community Continuity Taskforce comprised of community stakeholders and organizations and a Business Resiliency Taskforce in cooperation with the Greater Federal Way Chamber of Commerce. Mayor Ferrell also reported he hosted a very successful Facebook Live Meeting on February 20. b. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee �P_R_HSPSI. Chair Kochmar noted the next meeting is scheduled for April 14 at 5:00 p.m. and will be held remotely). She referenced an email from FUSION requesting funding assistance. Land Use/Trans ortaftn Committee (LUTC Chair Koppang reported on the Committee's first virtual meeting was held last night. Federal Way City Council Regular Minutes Page 2 of 8 April 7, 2020 He noted the agenda was limited to business items and included 30% design approvals. He thanked Council and staff for continuing to make the best of the situation by adapting to continue business as usual. Finance. Economic Develoornent Regional Affairs Committee (FEDRAC Chair Tran reported the last meeting was held March 24, 2020 and was attended remotely. Items approved at Committee are on this Consent Agenda for Council approval. He announced the next meeting will be April 28, 2020 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC Chair Assefa-Dawson had no report. She noted the March meeting was canceled and the next meeting is scheduled for April 8, 2020 at 10:00 a.m. Regional Committees Report (PIC} Councilmember Moore noted the meeting scheduled for April 8 was canceled. Council President Report Council President Honda highlighted the difference in roles for Councilmembers versus the Mayor. She noted the Council is working behind the scenes and are unable to hold additional meetings or social media outreach due to quorum constraints. She directed citizens to the the Council Facebook page to find updated information and encouraged citizens to contact Council Executive Assistant Jeri -Lynn Clark to get in contact with Councilmembers. She encourages citizens to continue to provide citizen comments in email form and she appreciates staff and their hard work to facilitate these remote meetings. 4. CITIZEN COMMENT An email letter from Robin O'Grady, FUSION Executive Director was accepted as citizen comment and read into the record by the City Clerk, later in the meeting. 5. CONSENT AGENDA a. Minutes: March 17, 2020 Regular and Special Meeting Minutes b. Vouchers — February 2020 c. Monthly Financial Report January/February d. King County I -Net Agreement e. Purchase of Replacement Police Vehicle Laptops f. Purchase of New Police Vehicle Laptops g. Purchase of New Police Radios COUNCIL PRESIDENT HONDA MOVED TO APPROVE ITEMS A THROUGH G ON THE CONSENT AGENDA; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes Federal Way City Council Regular Minutes Page 3 of 8 April 7, 2020 6. COUNCIL BUSINESS a. Confirmation of Thomas Fichtner as IT Director City Attorney Ryan Call noted the Mayor's appointment of Thomas Fichtner as IT Director needs to be confirmed by Council. He presented Mr. Fichtner's background and noted he began working for Federal Way back in 2003 as a temporary employee. Over these many years, Mr. Fichtner was worked his way up through the department and is currently a tremendous leader of the IT Department. Most recently, he and his staff have worked long hours to accomplish the current remote workforce and facilitate remote city meetings. COUNCIL PRESIDENT HONDA MOVED TO CONFIRM THE APPOINTMENT OF THOMAS FICHTNER AS THE IT DEPARTMENT DIRECTOR; COUNCILMEMBER ASSEFA-DAWSON SECOND. The Mayor and Council echoed their gratitude for Mr. Fichtner who is always available to help staff or Council; they also appreciate his friendly and personable manner when explaining technology. The motion passed unanimously as follows: Council President Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Tran yes Councilmember Kochmar yes b. Resolution: Supporting Governor Inslee's Ban on Residential Evictions and Ratifying the Mayor's Proclamation of Emergency #20-02 Establishing a Temporary Moratorium on Residential Tenant Late Fees/APPROVED RES # 20-784 Human Services Manager Sarah Bridgeford presented background information on the proposed resolution. She noted the Mayor issued a Proclamation of Emergency enacting a moratorium on residential late fees in conjunction with Governor Inslee's Ban on Residential Evictions. Ms. Bridgeford cautioned renters need to be aware this is not rent forgiveness and the rent is still due; she encouraged residents to prioritize rent as a priority and look to utilizing services and programs to help offset loss of wages such as the food bank and other social services. Council thanked Ms. Bridgeford for her presentation and her hard work on behalf of the community, noting many people will not be able to pay their rent which is an issue for both renters and landlords who might not be able to absorb the payments. Council suggested landlords contact mortgage holders to see if payment arrangements can be made before missing a payment. Discussion also took place regarding business owners and commercial rent payments. Council President Honda asked if there could be a way to structure payments. Ms. Bridgeford agrees with this concept and said there might be cases where the landlord cannot absorb the payments. Federal Way City Council Regular Minutes Page 4 of 8 April 7, 2020 Councilmember Assefa-Dawson provided information regarding King County Housing, and Councilmember Kochmar encouraged citizens to apply for services through the State Employment Securities Department. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Koppang yes Councilmember Moore yes Councilmember Tran yes c. Resolution: Emergency Social Services Funding Proposal/APPROVED RES # 20-785 Human Services Manager Sarah Bridgeford presented information regarding the proposed Resolution. Ms. Bridgeford noted this is a request to authorize up to $300,000 of Emergency Social Services Funding and includes the immediate use of an $88,500 allocation to assist with impact on resident's inability to meet basic needs such as housing and food. In addition to financial losses for residents there is the added stress of mental health, anxiety and increased isolation. Those experiencing homelessness are also affected by the pandemic as they often have serious or complex health issues and are unable to self -isolate or practice social distancing. This $300,000 in Emergency Social Services Funding is being requested from the General Fund, funded from the 2019 excess Fund Balance. The focus will be on the immediate crisis and shorter -term responses focusing on housing, food, homeless services and mental health services. This allocation is not included in the budget and the city is currently anticipating revenue shortfall and higher expenditures. This action will preclude use of these funds for other items. Agencies which have been allocated at total of $88,500 in Emergency Funding are: • Multi -Service Center Food Bank ($45,000) • Federal Way Senior Center Food Bank ($18,000) • Catholic Community Services Reach Out Shelter ($13,500) • Catholic Community Services Day Center ($12,000) She noted 242 new families accessed the food bank in the last month. The balance of the funds ($211,500) will be used to address gaps in services and increased need. Ms. Bridgeford also spoke regarding possible use of CDBG funds which is more difficult to manage. She noted the the city wants to ensure its limited resources are being used in a fiscally responsible manner. She noted when time permits or the cost exceed the Mayor's signature authority of $20,000; all allocations will come to the City Council for consideration. Finance DirectorAde Ariwoola stated the city is in a better position than most to help, however the city will not be able to fund other projects, if this is funded. Councilmember Tran spoke to update citizens on his local Department of Social and Health Services (DSHS) office and their assistance. Councilmembers again thanked Ms. Bridgeford for her wealth of information and presentations tonight. Councilmembers asked for eviction protection options and some supported the FUSION funding request. Ms. Bridgeford clarified her recommendations will be for unfunded gaps and Federal Way City Council Regular Minutes Page S of 8 April 7, 2020 increased needs in areas such as food banks and homelessness services. They are able to provide clear metrics and tracking regarding visits per day and extending hours at the Day Center and Reach Out Shelter. She cautioned against looking for outcomes and not out puts. She would like to make sure our partners are fully staffed and most of them will be out put measured. Mayor Ferrell thanked Sarah for her detailed plan and expertise. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER ASSEFA-DAWSON SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Koppang yes Councilmember Moore yes Councilmember Tran yes Mayor Ferrell asked the City Clerk read an email letter into the record from Robin O'Grady, FUSION Executive Director (referenced earlier under Citizen Comment). Ms. O'Grady requested a direct allocation of $10,000. The Mayor, Council and Ms. Bridgeford discussed the letter. Ms. Bridgeford cautioned against moving forward without additional information or questions regarding a description of how the funds would be utilized. She would like to read the request and follow up with Ms. O'Grady with additional questions; this emergency funding does not authorize operational grants, which the request appears to be. Mayor Ferrell asked Ms. Bridgeford to research and then provide a recommendation back to him and the Council. d. Resolution: Temporarily Allowing Certain Signs to be Placed in front of Businesses/APPROVED RES # 20-786 Community Development Director Brian Davis presented information on the proposed resolution which would allow signs to be posted outside of businesses as a way of additional advertising during this difficult business climate. This quick resolution will be used mainly by restaurants in the community whose dining areas are closed, but are still offering take-out and delivery. Certain restrictions are outlined in the Resolution; including signs cannot impede visibility, parking, or access to other businesses. Council thanked Mr. Davis for this presentation and asked the duration of the temporary resolution and if it could be extended, if needed. Mr. Davis noted it is currently set to expire at the end of the year, however it could be amended. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED RESOLUTION; COUNCILMEMBER BARUSO SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Kochmar yes 7. ORDINANCES Councilmember Koppang yes Councilmember Moore yes Councilmember Tran yes Second Reading/Enactment a. Council Bill #777 New Cinquiar Wreless PCS, LLC Franchise_Qrdinance/APPROVED ORD # 20-888 Federal Way City Council Regular Minutes Page 6 of 8 April 7, 2020 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING NEW CINGULAR WIRELESS PCS, LLC, 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. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Kochmar yes 8. COUNCIL REPORTS Councilmember Koppang yes Councilmember Moore yes Councilmember Tran yes Councilmember Assefa-Dawson commented on a great remote meeting and congratulated Thomas on his promotion. She thanked the Mayor for his support of the vulnerable populations being impacted by this virus. She is concerned with the increase in Domestic Violence and full shelters. She is appreciated Councilmember Tran's update on DSHS services for the community and she also noted King County Housing Authority is very active in serving the residents of the community. She thanked everyone out there who is doing their part to help during this difficult time. Councilmember Baruso echoed comments of Councilmember Assefa-Dawson and also congratulated Thomas. He specifically thanked staff, noting he has attended a lot of remote meetings and he feels this is one of the better ones. He encouraged citizens to support local businesses and restaurants who are struggling. He also strongly encouraged citizens to contact their mortgage and financial lenders to ask about payment option. He also asked citizens to complete their census. Councilmember Tran agreed this was a good meeting; he congratulated Thomas on his promotion and agreed this promotion was one of the Mayor's best decisions. He is pleased to hear reports of Washington cases slowing down compared to a few weeks ago and encouraged everyone to continue to practice social distancing and staying home. He thanked city staff specifically for their assistance and support. Councilmember Koppang noted Council reports are usually for reports on recent events and people they have met with; which has not been the case in the last few weeks. He appreciates the grocery working and front line services who are working for everyone in the community. He asked everyone to treat grocery workers with kindness and courtesy. He encouraged citizens to get outside and walk the neighborhood as we come back into the nice weather. He misses seeing everyone in person and would like to find a better way to accept citizen comments at meetings. Councilmember Moore thanked the citizens who have joined to watch the meeting or who are watching online. He extended appreciation to staff and Thomas who have worked to make this meeting run smoothly. He thanked Council President for communicating with each Councilmember individually and he thanked the Mayor for his leadership during this challenging Federal Way City Council Regular Minutes Page 7 of 8 April 7, 2020 time. He is looking forward to continuing the conversation of creating a Financial Dashboard for the city which would enable citizens to dig deeper into the city finances. He also thanked citizens who are making masks. Councilmember Kochmar also thanked the hard working staff and those helping in the community. She wished everyone a Happy Easter and noted this important time for many in our community who will be celebrating differently this year. She really hopes even with government rules and regulations that help that is needed reaches those who need it the most. Council President Honda was also pleased to see everyone remotely and thanked staff specifically for working so hard on a successful meeting. She encouraged citizens to contact Councilmembers who can help connect them with staff or services. She reported the nation-wide event National Night Out, normally held in August has been rescheduled to October. She is working in conjunction with Betty Taylor to plan an event for Federal Way. She encouraged everyone to continue to follow the public health guidelines of social distancing and staying home to stay healthy. She congratulated Thomas who is always very patient and helpful. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:45 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 April 7, 2020 COUNCIL MEETING DATE: April 21, 2020 ITEM #: 5b . .. .... . ............ . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT NO.1 TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY 2017 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the Amended Contract and updated Allocation MOUS for Edward Byrne Memorial Justice Assistance Grant (JAG) FY2017? Acceptance of grant requires no matching funds. COMMITTEE: PRHS&PSC MEETING DATE: April 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 0 Resolution 0 Other STAFF REPORT BY: DIANE C. SHINES, CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. Staff Report Memo JAG 2017 2. FY 17 JAG MOU Amendment No. 1 3. Allocation MOU FYI JAG 2017 Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: �70mlgnovr Crn c Initial/Date ini[iafll?a e DIRECTOR APPROVAL: -1 AAop Inifial/Dife COMMITTEE RECOMMENDATION: I move to forward the Amendment NO. I JAG FY2017 MOUs to the April 21, 2020 consent agenda for approval. 1P j UFc — V3A Vic` `'I V��, v� � C t -H- , Via Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the JAG FY2017 Amendment NO. 1 and Allocation MO Us, 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 — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 14, 2020 TO: PRHS&PSC VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amendment NO. 1 to the JAG FY 2017 Edward Byrne Memorial Justice Grant MOU Financial Impacts: The total compensation, which will be received by the City of Federal Way/Federal Way Police Department, under the original JAG FY2017 agreement, is amended from $34,331, to $3 5,601, an increase of $1270. All other terms and conditions of the original agreement will remain in effect. Acceptance of the grant requires no matching funds Background Information: Funds are requested to provide temporary support personnel in the Information Technology Department to support GIS improvement for address verification, and enhanced GIS mapping. The salary is based upon an average hourly rate of $18 per hour and 1907 hours worked. The City of Burien declined to participate in the Edward Byrne Memorial Justice Assistance Grant Program (JAG) FY2017. The funds allotted to the City of Burien will be reallocated to the remaining participating jurisdictions. An amended contract and allocation MOU is required to execute the JAG FY 17 agreement, so the City of Federal Way can seek final reimbursement. Rev. 7/18 The City of Seattle Seattle Police Department AMENDMENT NO. 1 V"XF TO JAG FY17 MEMORANDUM OF UNDERSTANDING CITY OF FEDERAL WAY THIS AGREEMENT is made and entered into by and between The Seattle Police Department (SPD), a department of the City of Seattle, hereinafter referred to as "SPD", as represented by the Chief of Police; and the City of Federal Way as represented by Mayor, Jim Ferrell The original Agreement is amended as follows. All other terms and conditions of the original Agreement, as amended, remain in effect. Article V: PAYMENT Total compensation under this Agreement is amended from not to exceed $34,331 to not to exceed $35,601, an increase of $1,270. NOW THEREFORE, the parties hereto have executed this Amendment to JAG FY17 Memorandum of Understanding City of Federal Way by having their representatives affix their signatures below. Amendment History for reference purposes only: History Brief Description of Change Original $34,331 Amendment 1 J Total $35,601 The parties have executed this Amendment by having their representatives sign below. FEDERAL WAY POLICE DEPARTMENT Jim Ferrell Mayor, City of Federal Way Date SEATTLE POLICE DEPARTMENT Mark Baird Chief Operating Officer Date Page 1 1 Allocation Memorandum of Understanding v-3 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. I. Participating Jurisdictions The participating jurisdictions (Bellevue and Burien have declined), relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn + 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.' Revised March 2020 Page 1 of 3 The allocation of funding is as follows: INITIAL ALLOCATIONS Burien Added 3% fee New Total Old Total Difference KING COUNTY 39,993 $ 41,445 $ 1,243 $ 207,326 $ 201,131 $ 6,195 AUBURN CITY 31,514 $ 32,686 $ 981 $ 31,706 $ 30,568 $ 1,138 BELLEVUE CITY (MOU to Seattle) 14,555 $ - $ - $ - BURIEN CITY 21,730 $ - $ - $ 21,078 $ (21,078) DES MOINES CITY 11,466 $ 11,983 $ 359 $ 11,623 $ 11,122 $ 501 FEDERAL WAY CITY 35,393 $ 36,702 $ 1,101 $ 35,601 $ 34,331 $ 1,270 KENT CITY 35,049 $ 36,338 $ 1,090 $ 35,248 $ 33,998 $ 1,250 RENTON CITY 26,948 $ 27,970 $ 839 $ 27,130 $ 26,140 $ 990 SEATAC CITY 17,954 $ 18,679 $ 560 $ 18,118 $ 17,415 $ 703 SEATTLE CITY 406,964 $ 420,535 $ 274,652 $ 266,275 $ 8,377 TUKWILA CITY 16,409 $ 17,083 I $ 512 $ 16,570 $ 15,917 $ 653 °Totals 657,975 V $ 6,687 $ 657,975 $ 657,975 $ (0) 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. IV. 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. Revised March 2020 Page 2 of 3 Memorandum of Understanding FY 2017 Edward Byrne Memorial Justice Assistance Grant Signature Page City of Federal Way Jurisdiction: Signature: Jim Ferrell, Mayor Name & Title: Date: Revised March 2020 Page 3 of 3 COUNCIL MEETING DATE: April 21, 2020 ITEM #: 5C CITY OF FEDERAL WAY CITY COUNCIL AGEN I)A BILL SUBJECT: Cultural Relief Fund Application POLICY QUESTION: Should the City Council approve staff to apply for the 4Culture Cultural Relief Fund for the Performing Arts and Event Center, Dumas Bay Centre and Federal Way Community Center? COMMITTEE: PRHSPS MEETING DATE: 4/14/2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other — Information Only STAFF REPORT BY: Autumn Gressett DEPT: Parks Attachments: 1. Staff Report Options Considered: Option 1. Authorize staff to apply for proposed grant O tion 2. Do not authorize the application and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1 i' MAYOR APPROVAL: DIRECTOR APPROVAL: 11212 0Z 0 CommitCouncil e hutNOZ Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward option 1 to the April 21, 2020 consent agenda for approval. i \K �.. 1 56e f�i, -- `. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to apply for the proposed grant and authorize staff to complete said application. " (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: April 2, 2020 TO: Council President and City Council Members VIA: Jim Ferrell, Mayor FROM: Autumn Gressett, Contract Administrator SUBJECT: 4Culture Cultural Relief Fund Financial I rn na cts: The revenue to the City for 4Culture Cultural Relief Fund will be up to $5,000 per site and will be credited to the respective sites budget. Background lnfurnaation: As closures, cancellations, and loss of work due to COVID-19 impact the King County cultural sector, 4Culture will distribute $1 million over the coming months through their Cultural Relief Fund. Through this fund, staff will apply for the maximum $5,000 for each center (Federal Way Community Center, Dumas Bay Centre and Performing Arts and Event Center). There is not match required to receive funding. Rev. 7/18 COUNCIL MEETING DATE: April 21, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5d SUBJECT: Lease of 82,320 sq. ft of Old Target Parking Lot to Waste Management of Washington, Inc POLICY QUESTION: Should the City Council approve the Agreement for use of 82,320 sq. ft of Old Target Parking Lot by Waste Management of Washington, Inc. for payment to the City in the amount of $41,160 and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS MEETING DATE: 4/14/2020 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Autumn Gressett Attachments: 1. Staff Report 2. Agreement ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other — Information Only DEPT: Parks Options Considered: Option 1. Accept the proposed agreement. Option 2. Do not authorize the proposed agreement and provide staff with direction. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 1- DIRECTOR APPROVAL/az// Q i+ Cot ivae Cuunsil ft tial Dadc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward option 1 to the April 21, 2020 consent agenda for approval. SsL— ��� l.. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 27, 2020 TO: Council President and City Council Members VIA: Jim Ferrell, Mayor FROM: I Autumn Gressett, Contract Administrator/Community Relations Liaison SUBJECT: License the use of 82,320 sq. ft of Old Target Parking Lot to Waste Management of Washington, Inc Financial ImT ads: The revenue to the City for the use of 82,320 sq. ft of Old Target Parking Lot to Waste Management of Washington, Inc will be $41,160 and will be credited to the Parks Department. This revenue will assist in reducing the increasingly overwhelming work load within Parks & Recreation, Public Works, Community Development and Police departments. In addition, providing workload relief will continue to reduce liability and exposure to city employees and promote a positive work environment. Background Information: Waste Management approached the City of Federal Way looking to rent a space within city limits that can be utilized for receiving, assembly and deployment of the custom garbage, recycling and yard waste/food carts they are providing all residential customers under the new long-term garbage contract. This project will utilize a portion of the Old Target Parking Lot for a 5 -month period. Rev. 7/18 PARKING LICENSE THIS PARKING LICENSE (the "License") is entered into this Ist day of May 2020 by and between the City of Federal Way, a Washington municipal corporation ("Grantor"), and Waste Management of Washington, Inc. a Washington State corporation. ("Licensee"). RECITALS A. Grantor is the owner of that certain improved parcel of real property located in the Cii�- of Fecicral Way, King County, Washington commonly known as Old Target Parking Lot off of fete von Reichbauer Way S, located at 2141 S 314`x' South and legally described as King County Parcel #0921049017 and #8575000020 ("Property"). AGREEMENT 1. Premises. Grantor hereby grants to Licensee a License to use, as described herein, the area located at the Property in the location depicted on the attached Exhibit A (the "Premises"). Grantor also grants to Licensee and its agents, employees, consultants, and invitees a non- exclusive license for vehicular and pedestrian ingress, egress, and access over, upon, across, and through the Property for the benefit of the Premises. This license shall terminate automatically at the expiration of the term. 2. Term. The term of this License shall commence on the date entered above, and shall terminate on September 30, 2020. 3. Rent. Licensee shall pay a one-time rental fee in the amount of $41,160.00. Licensee shall pay the Rent at least 7 days prior to the date entered above. Should Licensee fail to pay the one-time rental fee within the time period, this License will not be effective and no license is granted. The parties agree that said payment is complete and full and that no further amount shall be due for any normal wear accruing to the Premises. 4. Use of Premises. The Premises shall be used for material storage, equipment and vehicle parking by Licensee and its agents, employees, consultants, and invitees and for no other purpose without Grantor's prior written consent. Licensee shall not create or maintain on the Premises any nuisance or in any way violate generally applicable laws, ordinances, and public regulations now or hereafter in effect. Before parking or storing material on the Premises, Licensee shall enclose the depicted area with a chain link fence. At the end of the term of this License, licensee shall be required to remove chain link fence. 5. Access and Use. Licensee shall have the right to enter and exit the premises between the hours of 7:OOam — 5:OOpm, , Monday through Sunday. Grantor reserves the right to make other uses of the Premises that do not interfere with Licensee's use. 6. Liens and Improvements. Licensee shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the Premises for any work done or materials furnished thereon at the request of or on behalf of Licensee. 7. Condition of Premises. Licensee accepts the Premises "as -is." 8. Maintenance and Repairs. Grantor shall not be responsible for any costs associated with Rev. 7/18 cleaning, maintaining, and repairing the Premises. 9. Accidents and Liability, Insurance. Grantor, its elected officials, officers, employees, agents, and volunteers shall not be liable for any injury or damage to persons or property sustained by Licensee or Licensee's invitees in and about the Premises or Property, except to the extent such injury or damage is caused by Grantor's or its elected officials', officers', employees', agents', or volunteers' negligence or breach of this License. Licensee agrees to indemnify, defend and hold Grantor and its elected officials, officers, employees, agents, and volunteers harmless from any claim, action, expenses, costs, fees (including attorneys' fees) and/or judgment for damages to property or injury to persons suffered or alleged to be suffered on the Premises, or for damages to property or injury to persons suffered or alleged to be suffered on the Property resulting from Licensee's negligence or breach of this License, except to the extent caused by Grantor's negligence or breach of this License. Licensee shall maintain commercially reasonable liability insurance on the Premises and to name the City as an additional insured. 10. Successors and Assigns. This License and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 11. Notices. All notices hereunder shall be in writing and shall be delivered personally, by certified or registered mail, by email or by recognized overnight courier addressed as follows: If to Licensee: Waste Management of Washington, Inc Attention: Marc Davis Mdavis35@wm.com 7012 n1 St NW Auburn, WA 98001 If to Grantor: City of Federal Way Attention: Autumn Gressett, Contract Administrator Autumn.gressett@cityoffederalway.com 33325 8th Avenue South Federal Way, WA 98003-6325 12. Governmental Cliaraes. Grantor shall indemnify and save Licensee harmless from any taxes, assessments or governmental charges of any kind which may be levied against the Premises. 13. Subrogation Waiver. Each of Grantor and Licensee release and relieve the other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils described in standard fire insurance policies and all perils described in the "Extended Coverage" insurance endorsement approved for use in Washington state, that occurs in, on, or about the Premises or Property, whether due to the negligence of either party, their agents, employees, or otherwise. 14. Entire Agreement. This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. Rev. 7/18 [Signature Pages Follow] Rev. 7/18 GRANTOR: By: John Hutton Its: Parks Director Date: STATE OF WASHINGTON ) )ss' COUNTY OF ) 1plaw►motx By: Marc Davis Its: Senior District Manager Date: I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Senior District Manager of Write Man.nenierit. o1' \ asli.iiioon, Inc to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Residing at Printed My appointment expires Name Rev. 7/18 EXHIBIT A I Rev. 7/18 COUNCIL MEETING DATE: April 21, 2020 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PURCHASE PARK TRAFFIC GATES POLICY QUESTION: Should the City purchase 6 traffic gates from Andersons Fabrication to control parking lots at Celebration and Town Square Park? COMMITTEE: PRHSPS Committee MEETING DATE: April 14, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, De u . Park Director DEPT: Parks __' ...,,,,..._.,,_ __M _ - ... ............... _ Background: Currently there are no traffic gates at Celebration Park and simple cable gates at Town Square Park to control parking after hours or for special events. Staff solicited bids and received 6 quotes ranging from $34,337 — $63,360. The most responsive responsible bid was from Andersons Fabrication for $34,337.60 including tax. Staff is requesting acceptance of the bid from Andersons Fabrication, allocation of CIP funding from unallocated mitigation and approval to issue a PO in the amount of $37,771 to include 10% additional contingency. Options Considered: 1. Accept the bid from Andersons Fabrication and approve a PO in the amount of $37,771 using unallocated mitigation funds. 2. Do not approve the purchase and use of unallocated funds, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: — 3 DIRECTOR APPROVAL:��p Co mitt ©uracil � � amm ee `�"' COMMITTEE RECOMMENDATION: I move to forward option I to the April 21, 2020 City Council consent agenda for approval. 1�Uc�i..v�� �` � `� SSe,1F'c„ '�„y�bv�^ \�.,,r•n.5� vr �.. v u �.. ��, ►- L2� v;4, \J\ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the bid from Andersons Fabrication and approve a PO in the amount of$37,771 liSil)g uraallOcaled irziligutio?a funds. " (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 # `cirr of Federal Way Bid Name: traffic gates Bid Number NA Bid Closing Date & Time: 3/3/20 2:00 PM Bid Opening Place: City Hall Project Manager: Steve Ikerd ITEM DESCRIPTION Celebration Park north Celebration Park south Celebration Park field 7 north Celebration Park field 8 south Town Square Park north Town Square Park south total pkg including tax Submittals Comments Selection criteria: Responsiveness - 25% Ability - histo - 25% Price - 50% Total BID TABULATION SHEET Bid I Premetco Auburn, WA Bid 2 Gremmell's Weld Pasco, WA Bid 3 Anderson's Fab Centralia, WA Bid 4 Freeberg Welding Puyallup, WA Bid 5 Zeiglers Welding Olympia, WA Bid 6 Automated Gates Tukwila, WA with tax with tax with tax with tax with tax with tax 6,468.00 11,649.00 $6,442.70 11,704.00 7,592.04 7,433.80 6,468.00 11,649.00 $6,442.70 11,704.00 7,592.04 7,433.80 6,017.00 10,124.40 $5,435.10 9,548.00 7,592.04 7,395.30 6,017.00 10,124.40 $5,435.10 9,548.00 7,592.04 7,395.30 6,086.30 10,342.20 $5,579.20 9,856.00 7,592.04 7,400.80 5,522.30 9,471.00 $5,002.80 8,624.00 7,592.04 7,378.80 $36,578.60 $63,360.00 $34,337.60 $60,984.00 $45,552.24 $44,437.80 partial yes yes partial yes yes $700 delivery, unload by others Delivery included, $600 savings on 2 gates per order $300 per delivery trip NO COSt delivery included & powder coated. install available for extra cost delivery $395 14' 5 PA4 4• !^ q* 4_ T-2" �. 4"R15' -t8• - 4' 4 4. T GATE HASPIL PAINTED - �Z DETAIL SHEET 4 2 x 4" TS �u TOWN SQUARE PARK SOUTH ENTRANCE 1 EXIT (G6, DAINTED 7" GALVANIZED =XTERNALPOST E WELVED TO ERNAL6"POST !'WIDE, 2" MIN. ANGLE RON WELDED TO POST (iALV. 6"" INTERNAL POST wl CONCRETE SORROUND PAINTED 7" GALVANIZED EXTERNAL POST - GATE WELVED TO 4" EXTERNAL 6" POST i 2' WIDE, 2" MIN. ANGLE r 2 IRON WELDED TO POST IA— GALV. 6"" INTERNAL POST w/ CONCRETE SORROUND OBSERVACIONES: G5-37'FROM '.OUTSIDE CURB S TO N SIDE OF SIDEWALK �J Pmyedo: PARK ENTRY GATES SHERYLSB DESING uwwkw CITY FEDERAL WAY ,33325 8TH AVE Sa c" ww: GATE 3&4 D- :. i.ir9ryM Rae: [ W v3 fGiArwroa D 04 3 CELEBRATION PARK FIELDS 7 & 8 ENTRY NORTH R4 i 4.-2* GATE HASP PAINTED DETAIL SHEET 4 2 x 4" TS G4 ,CELEBRATION PARD FIELDS 7 & 8 EXIT SOUTH INTED 7" GALVANIZED TERNAL POST WELVED TO :NAL 6" POST NIDE, 2" MIN. ANGLE )N WELDED TO POST I3NLV. 6 INTERNAL POST w/ CONCRETE SORROUND - PAINTED 7" GALVANIZED EXTERNAL POST -- GATE WELVED TO 4" EXTERNAL 6" POST 2' WIDE, 2" MIN. ANGLE IRON WELDED TO POST u� GALV. 6"" INTERNAL POST w/ CONCRETE SORROUND OBSERVACIONES: p.y.d.: PARK ENTRY GATES R ERYL SBSING CITY OF FEDERAL WAY 33325 8TH AVE So GATE 3&4 i UtEh�flU i "a' 02 YGIRIWIG�,1 A- 04 COUNCIL MEETING DATE: April 21, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2019 EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD ITEM #: 5f POLICY QUESTION: Should the City of Federal Way accept the 2019 Emergency Management Performance Grant (EMPG) award to fund the mass notification system CodeRed? COMMITTEE: Parks, recreation, Human Services, and Public Safety MEETING DATE: 4/14/2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Eniergeiicy Manager DEPT: Emergency Management Attachments: 1. Staff Report 2. 2019 Emergency Management Performance Grant (EMPG) Options Considered: 1. Approve the proposed acceptance of the 2019 EMPG 2. Do not approve proposed acceptance of the 2019 EMPG and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, to accept the 2019 Emergency Management Performance Grant. MAYOR APPROVAL: J � !� '' G; DIRECTOR APPROVAL: Can nittee Cotlwi Initial/Date InitialMate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed grant to the April 21, 2020 consent agenda for approval. r Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed "019 L• wer g i?Ci _alcr1rc/�FL'ML w Pc?fos•trumce Grant agt ee►ar�rrt tic lire Jane 1. 2019 through AzWist 31, 2020 rt•itlr a total Corttpellsctric�tt of .�_3 %.TUU clrrcl crlrtlr�ri_Et1��' ,1(r:nr.ar• In ,ci��;l �rricl r.-rgreemer�t. „ (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: March 17, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Ray Gross, Emergency Manager P-.1-1-2 SUBJECT: 2019 Emergency Management Performance Grant Financial Impacts: The revenue to the City for the 2019 Emergency Management Performance Grant will be $37,500 and will be credited to the Emergency Management. The cost to the City to receive the funds are $18,750 in matching salary. Upon completion of the 2019 Emergency Management Performance Grant future costs will be $0.00 due to no ongoing costs. Backizround Information: The City of Federal Way Emergency Management Division has applied for the 2019 Emergency Management Performance Grant (EMPG). The purpose of the EMPG is to assist with the enhancement and sustainment of emergency management programs. Activities conducted using EMPG funding should relate directly to the four elements of all -hazards emergency management: response, recovery, mitigation and preparedness. Washington State Emergency Management Division passes -through federal funding to eligible local emergency management agencies. The EMPG program requires a 50% match from the local jurisdiction and the total award amount is based on the local Emergency Management Agency's operating budget. The City of Federal Way is expected to be awarded $37,500 and has $18,750 in matching funds. The performance period of the 2019 EMPG is from June 1, 2019 through August 31, 2020. The City of Federal Way Emergency Management Division would like to use the awarded EMPG funds to continue funding of the mass notification system CodeRed. Rev. 7/18 Washington State Military Department =RAGR(rGNry nnANArFMFNT PFRFnRMANCF GRANT AGREEMENT FACE SHEET 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: City of Federal Way $37,500 E20-194 33325 8th Avenue South Federal Way, WA 98003-6325 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Ray Gross, 253-835-2712 June 1, 2019 August 31, 2020 ray.�ross@cityoffederalway.com 7. Department Contact, phone/email 8. Data Universal Numbering System (DUNS). 9. UBI # (state revenue): Gary Stumph, 253-512-7483 612509901 601-223-538 gary.stumph@mil.wa.gov 10. Funding Authority: Washington State Military Department (the "DEPARTMENT :i and the U.S. Department of Homeland Security f DHS; 11. Federal Funding Identification #: 12. Federal Award Date: 13. Assistance Listings # (formerly CFDA) & Title: EMS -2019 -EP -00003-S01 08/05/2019 97.042 (19EMPG) 14. Total Federal Amount #: 15. Program Index # & OBJ/SUB-OBJ $7,409,645 793PT NZ 16. Service Districts: 17. Service Area by County(ies): 18. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 30 King Certified: © N/A ❑ NO (BY CONGRESSIONAL DISTRICT) 9 ❑ YES, OMWBE # 19. Agreement Classification 20. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services ❑X Public/Local Gov't ❑ Contract ® Grant © Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 21. Subrecipient Selection Process: 22. Subrecipient Type (check all that apply) © "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A © Public Organization/Jurisdiction ❑ Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑ NO ❑ CONTRACTOR ❑X SUBRECIPIENT ❑ OTHER 23. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2019 Emergency Management Performance Grant (19EMPG) program is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to states to assist state, local, territorial, and tribal governments in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass-through Entity of the 19EMPG DHS Award Letter for Grant No. EMS -2019 -EP -00003- S01, which is incorporated in and attached hereto as Attachment F and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Attachments and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Attachment A); General Terms and Conditions (Attachment B); Work Plan (Attachment C); Timeline (Attachment D); Budget (Exhibit E); 19EMPG Award Letter EMS -2019 -EP -00003-S01 (Exhibit F); and all other documents expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan, Timeline, and Budget 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Regan Anne Hesse, Chief Financial Officer Jim Ferrell, Mayor Washington State Military Department City of Federal Way BOILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM (if applicable). Brian E. Buchholz 6/27/2019 Sr. Assistant Attorney General Applicant's Legal Review Date DHS-FEMA-EMPG-FY 19 Page 1 of 35 City of Federal Way, E20-194 Attachment A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT DEPARTMENT Name Ray Gross Name I Gary Stumph Title Emergency Manager Title j Program Coordinator E -Mail ray.gross@cityoffederalway.com E -Mail I gary.stumph@mil.wa.gov Phone 253-835-2712 Phone 253-512-7483 Name Ade Ariwoola Name Tirzah Kincheloe Title Finance Director Title Program Manager E -Mail ade.ariwoola@cityoffederalway.com E -Mail tirzah.kincheloe@mil.wa.gov Phone 253-835-2520 Phone 253-512-7456 Name Jim Ferrell Name Title Mayor Title E -Mail jim.ferrel)@cityoffederalway.com E -Mail Phone 253-835-2402 Phone ARTICLE II. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 19EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2019 Emergency Management Performance Grant (EMPG) document, the FEMA Preparedness Grants Manual document, the DHS Award Letter for Grant No. EMS -2019 -EP -00003-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment F. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursement of 19EMPG funds received under this Agreement casts the party receiving the funds in the role of a Subrecipient or contractor in accordance with 2 CFR 200.330. b. If the Subrecipient becomes a pass-through entity by making a subaward to a non-federal entity as its Subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass-through entities of 19EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents DHS-FEMA-EMPG-FY 19 Page 2 of 35 City of Federal Way, E20-194 published by DHS/FEMA applicable to the 19EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2019 Emergency Management Performance Grant (EMPG) document, the DHS Award Letter for Grant No. EMS -2019 -EP -00003-S01 in Attachment F, and the federal regulations commonly applicable to DHS/FEMA grants. The Subrecipient shall be responsible to the Department for ensuring that all 19EMPG federal award funds provided to its subrecipients, and associated matching funds, are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment F of this Agreement. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Attachment E), an indirect cost rate agreement negotiated between the federal cognizant agency and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department Key Personnel. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at ll'ttp://www.qsa.gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reinihurseinents��.mr 1. A(aa_,1oNi no later than the due dates listed within the Timeline (Attachment D). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. The Subrecipient should requestrp for written approval from Department Key Personnel to waive the due date in the Timeline (Attachment D) and, once approved, submit those costs on the next scheduled reimbursement due date contained in the Timeline. Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and the terms and conditions of the DHS-FEMA-EMPG-FY 19 Page 3 of 35 City of Federal Way, E20-194 agreement and may increase required monitoring activities. Any request for a waiver or extension of a due date in the Timeline (Attachment D) will be treated as a request for Amendment of the Agreement. This request must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department review and consideration and may be granted or denied within the Department's sole discretion. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Attachment E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachment C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at httn://rnil.wa.0cv/emernency- retanagef-nent-division/grants/rectuiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's Stakeholder Preparedness Review (SPR) as well as the State's Threat and Hazard Identification and Risk Assessment (THIRA), as needed. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies DHS-FEMA-EMPG-FY 19 Page 4 of 35 City of Federal Way, E20-194 under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, Subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) D. Assistance Listings Number (formerly CFDA Number) E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use, and condition of the equipment at the date the information was reported I. disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated, and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: DHS-FEMA-EMPG-FY 19 Page 5 of 35 City of Federal Way, E20-194 A. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) Items with a current per-unit fair -market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per-unit fair -market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2). ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at It is important that the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https:/I).njv+rwv.fetiia.uov/ruler.iii,-IiE,f-nt-vlasse(Sldocui-ieiits/553713 all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP- -review process prior to initiation. Modification of existing buildings, including minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas DHS-FEMA-EMPG-FY 19 Page 6 of 35 City of Federal Way, E20-194 not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Attachment B, A.10. b. For all sole source contracts expected to exceed $250,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass-through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at htt1).flmiL)iy 3.,gav/arnergei c/-« enient- clivisiQat! rani^alreci .iirecictrLlritf©rnis with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g. agendas, sign -in sheets, meeting minutes), e-mails and correspondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. Observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. DHS-FEMA-EMPG-FY 19 Page 7 of 35 City of Federal Way, E20-194 d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass- through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that Subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https./Auww.dhs.gov/guidance-published-nelo- deo3ai-Ciren'r-sripportc-d-organizations-provide-meaiiinpfLil-access-peoiale-Iii-sited and additional resources on hitp!//u v/w.lep.eloy. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive FY 2019 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/media-Eibrary/assets/documents/130743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, local, and tribal governments to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 19EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and DHS-FEMA-EMPG-FY 19 Page 8 of 35 City of Federal Way, E20-194 enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs. 5. The Subrecipient shall provide a.fifty percent match of non-federal origin. The Federal share applied toward the EMPG budget shall not exceed fifty percent of the total budget as submitted in the application and approved in Budget, Attachment E. To meet matching requirements, the Subrecipient's cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. Complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at iiftps //vvvv�.v. fe n la . a c)v,.'Q dfie rnerg ericvin1rns'nims `l-al(to include ICS - 100, ICS -200, IS -700, and IS -800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and b. Complete either (1) the FEMA Professional Development Series IS -120, IS -230, IS -235, IS -240, IS -241, IS -242, and IS -244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a Subrecipient of 19EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 19EMPG Award Letter and its incorporated documents for DHS Grant No. EMS -2019 -EP -00003-S01, which are incorporated and made a part of this Agreement as Attachment F. DHS-FEMA-EMPG-FY 19 Page 9 of 35 City of Federal Way, E20-194 Attachment B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. Department means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. C. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "Subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment' means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2 ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. A.4 AMERICANS WITH DISABILITIES ACT(ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient 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 telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT. SUSPENSION, OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at ilii liiilli. tui. 3u+Jiei+lt'l ijv"Si-�11d1 Ic�y� ! f 12P 1?- DHS-FEMA-EMPG-FY 19 Page 10 of 35 City of Federal Way, E20-194 division/ rants/re uiredcraritfon-ns. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or Subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered trans -actions' by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e:g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to Subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or Subrecipient or by checking the System for Award Management (https://sam.o�AMI) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (httgs://secure.ini.wa.gov/debarandstrike/CoiitractorDebarList,aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (htt ://Yjww.des.wa. ov/services/Contractin Purchasin /Business/Pa es/Vendor-Deberment.aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18. the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract.. the making of any federal grant. the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions; (3) and that, as applicable. the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 COMPLIANCE WITH APPLICABLE STATUTES. RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. DHS-FEMA-EMPG-FY 19 Page 11 of 35 City of Federal Way, E20-194 A.9 CONFLICT OF INTERE=ST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract provisions. As required by Appendix II to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. DHS-FEMA-EMPG-FY 19 Page 12 of 35 City of Federal Way, E20-194 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. DHS-FEMA-EMPG-FY 19 Page 13 of 35 City of Federal Way, E20-194 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient's procurement plans and documents and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its subcontractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; -provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this DHS-FEMA-EMPG-FY 19 Page 14 of 35 City of Federal Way, E20-194 indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT ( O S H ANVI_S HA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and Will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold DHS-FEMA-EMPG-FY 19 Page 15 of 35 City of Federal Way, E20-194 the Department, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by the Assistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT 01= VVORKANORK PLAN DHS-FEMA-EMPG-FY 19 Page 16 of 35 City of Federal Way, E20-194 While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys- fees, in connection with any clam or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any count of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTSincludin all AMENDMENTS The Subrecipient shall comply with and include the following audit requirements in any subawards. Non-federal entities, as Subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources. direct and indirect, are required to have a single or a program - specific audit conducted in accordance with 2 GFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a state, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GALAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GALAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA -20 Camp Murray, WA 98430-5032 DHS-FEMA-EMPG-FY 19 Page 17 of 35 City of Federal Way, E20-194 The Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form" (httpas://mj)Aj.mil.wa.gov/emergency-n-iatiagetiierit-division/grants/reauiredgrantfortns) to the Department at the address listed above before this Agreement is executed and timely submit annual updates to the Department every year thereafter, and if -the Subrecipient is claiming it is exempt from the audit requirements of 2 CFR Part 200 Subpart F include an explanation of the criteria for exemption. The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the state of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES. FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity DHS-FEMA-EMPG-FY 19 Page 18 of 35 City of Federal Way, E20-194 to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; DHS-FEMA-EMPG-FY 19 Page 19 of 35 City of Federal Way, E20-194 d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISESMi WgE) The Subrecipient is encouraged to utilize business firms that are certified as minority-owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of the state of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY 19 Page 20 of 35 City of Federal Way, E20-194 Attachment C WORK PLAN FY 2019 Emergency Management Performance Grant Emerge❑ry Marnagement Organization -Jl i of Federal'vVa; The purpose'of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 19EMPG grant and local funds). �Program Area #2 Communications WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Conduct tests of the CEMNET radio system with Communication with the Washington State EOC is Equipment is in a constant state of readiness and the Washington State EOC weekly, if possible, or vital and CEMNET is the primary radio backup assigned staff are trained on the equipment. at least monthly, to ensure equipment readiness system. Weekly/monthly radio checks are a means 4 Conduct CodeRed training for staff who are and that assigned staff are familiar with how the to ensure staff and equipment performance. assigned to use the system. system operates. the CodeRed system and will know its operational Z FConct weekly tests of the 800Mhz radio system Iradic, Communications with King County ECC is vital and ing County ECC. the 800Mhz radio system is one of the primary systems that is used. Successful radio contact is made with King County ECC via 800Mhz on a weekly or monthly basis. Equipment is in a constant state of readiness and assigned staff are trained on the equipment. 3 Operatethe 150Mhz radio system during CERT The 150Mhz isthe primary backup radio system The local 150Mhz system istested under both drill and EOC drills and during the Red, White, and forthe city, and communication between field and actual events. Equipment is in a constant state glues Festival (the city's 4th of July event). operations and the EOC is essential. of readiness and staff, along with volunteers, are trained on its use. 4 Conduct CodeRed training for staff who are Staff continually need to be trained on the use and A basic level of trained staff will know how to use assigned to use the system. application of the CodeRed mass notification the CodeRed system and will know its operational system. capacities. The system has been used, and will be used, during snow, ice, and wind events, along with various police call -out activities. Planning WORK PLANNED Continue development of a local RecoveryTask Force (RTF), consisting of both government and community members: - Identify staffing from local government agencies and departments, along with private sector partners to be part of the task force. - Finalize mission statement and guidance manual. WHY THE WORK IS BEING DONE A need was identified at the 2017 Emergency Management Institue, Integrated Emergency Management Course, to establish a local RTF, define its purpose, and begin design of a membership organization chart along with assigned roles. The current draft needs to be updated and revisited as work on this topic has slowed. An established training program needs to be re-engaged to developthe knowledge base of the staff of the RTF. An exercise program would be developed to test the knowledge of staff and the decision making process of the RTF. RESULT OF THE WORK Regular quarterly meetings of RTF staff will occur to discuss recovery topics and concerns and to develop a training and exercise work plan. A formal RTF will be established and integrated into the EOC operational capability. DHS-FEMA-EMPG-FY 19 Page 21 of 35 City of Federal Way, E20-194 Assist the City Human Services Division in A snow storm in early 2019 identified a gap in Facilities will be identified for use as severe identifying local resources (e.g. Faith -based providing shelter. The Red Cross will not operate a weather shelters for the homeless population. organizations, volunteers, vendors) that could be shelter for solely homeless populations in times of Contracts will be established forfacilities and staff, called upon to assist in the activation of a severe severe weather when there is no displacement and a cache of supplies will be procured. In the weather shelter for the homeless population. event. The city did not have resources to establish event of a prolonged severe weather event, the a severe weather shelter for the homeless and Mayor can activate the severe weather sheltering Major milestones would be: resorted to transporting them to known severe system so that the sheltering gap between daily - Organizations willingto provide a facility, identify weather shelters in the area. homelessness services and emergency shelters can staffing , and develop and establish contract be filled and provided for. - Identify and procure supplies, blankets, laundry services, etc. DHS-FEMA-EMPG-FY 19 Page 22 of 35 City of Federal Way, E20-194 Attachment D TIMELINE FY 2019 Emergency Management Performance Grant DATE June 1, 2019 1 Grant Agreement Start Date August 31, 2020 1 Grant Agreement End Date October 15, 2020 TASK Submit final reimbursement request, final report, training requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 19 Page 23 of 35 City of Federal Way, E20-194 Attachment E BUDGET • The Subrecipient will provide a match of $37,500 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 793PT— EMPG DHS-FEMA-EMPG-FY 19 Page 24 of 35 City of Federal Way, E20-194 FY 2019 Emergency Management Performance Grant 19EMPG AWARDI $ 37,500.00 SOLUTION AREA BUDGET CATEGORY EMPG AMOUNT MATCH AMOUNT Salaries & Benefits $ - $ 5,000 Z Overtime/Backfill $ $ - Z Cons ultarztti/Contractors $ $ - Z Goods & Services 5 $ gTravel/Per Diem Subtotal $ 5,000 Z Salaries & Benefits $ $ 17,000 0 Overtime/Backfill $ $ - N Consultants/Contractors $ $ - Z Q Goods & Services $ 37,500 $ - O2 Travel/Per Diem $ - $ - O Subtotal $ 37,500 $ 17,000 Salaries & Benefits $ $ 2,500 W Overtirne./Backfill $ - $ v Consultants/Contractors $ $ W- Goods &Services $ 5— - _ X W Travel/Pcr Diem $ - $ - Subtotal $ - $ 2,500 Salaries & Benefits $ - $ 13,000 Z Overtime/Backfill $ - $ Z Consultants/Contractors $ - $ - a Goods & Services $ $ Travel/Per Diem $ - $ - Subtotal $ - $ 13,000 a Equipment $ $ - Cr$ UJ Subtotal $ Salaries & Benefits $ a Overti my/Ba ckfi 11 $ 5 -CX-- Consultants/Contractors Goods & Services $ S Travel/Per Diem $ 5 - Subtotal $ $ Indirect$ ........ . .---- ------ .......................... $ Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 37,500 $ 37,500 • The Subrecipient will provide a match of $37,500 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the Grant Agreement Amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 793PT— EMPG DHS-FEMA-EMPG-FY 19 Page 24 of 35 City of Federal Way, E20-194 Award Letter Tirzah Kincheloe Washington Military Department Building 20 Camp Murray, WA 98430 - 5122 Re: Grant No.EMS-2019-EP-00003 Dear Tirzah Kincheloe: Attachment F 19EMPG Award Letter EMS -2019 -EP -00003-S01 U.S. Department of Homeland Security Washington, D.C. 20472 Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2019 Emergency Management Performance Grants has been approved in the amount of $7,409,645.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,409,645.00 of non -Federal funds, or 50 percent of the total approved project costs of $14,819,290.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached to this Award Letter) • Obligating Document (attached to this Award Letter) • FY 2019 Emergency Management Performance Grants Notice of Funding Opportunity. • FEMA Preparedness Grants Manual Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please log in to the ND Grants system at https://portal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks menu, select the Application sub -menu, and then click the link for "Award Offer Review" tasks This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. System for Award Managcment (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular. yourorgani7atiar's ~lame, address, DUNS number, EIN and banking information- Please ensure Inat the DUNS -umber used in SAM is the same one used to apply for all FEMA awards. Future payments wiit be contingent on the information provided in the SAM; therefore, it is imperative that the information is correct. The System for Award Management is located at http:// w vw sam :. If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help us to make the necessary updates and avoid any interruptions in the payment process. DHS-FEMA-EMPG-FY 19 Page 25 of 35 City of Federal Way, E20-194 KIMBERLY ERIN PENFOLD Assistance Officer DHS-FEMA-EMPG-FY 19 Page 26 of 35 City of Federal Way, E20-194 Agreement Articles Mon Oct 01 00:00:00 GMT 2018 U.S. Department of Homeland Security Washington, D.C. 20472 /�,� �. AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: Washington Military Department PROGRAM: Emergency Management Performance Grants AGREEMENT NUMBER: EMS -2019 -EP -00003-S01 TABLE OF CONTENTS Article I Assurances, Administrative Requirements, Cost Principles, Representation and Certifications Article II Acknowledgement of Federal Funding from QHS Article III DHS Specific Acknowledgements and Assurances Article IV Activities Conducted Abroad Article V Age Discrimination Act of 1975 Article VI Americans with Disabilities Act of 1990 Article VII Best Practices for Collection and Use of Personally Identifiable Information (PII) Article VIII Civil Rights Act of 1964 - Title VI Article IX Civil Rights Act of 1968 Article X Copyright Article XI Debarment and Suspension Article XII Drug -Free Workplace Regulations Article XIII Duplication of Benefits DHS-FEMA-EMPG-FY 19 Page 27 of 35 City of Federal Way, E20-194 Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXI II Article XXXIV Article XXXV Article XXXVI Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Energy Policy and Conservation Act False Claims Act and Program Fraud Civil Remedies Federal Debt Status Federal Leadership on Reducing Text Messaging while Driving Fly America Act of 1974 Hotel and Motel Fire Safety Act of 1990 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Lobbying Prohibitions National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Non -Supplanting Requirement Notice of Funding Opportunity Requirements Patents and Intellectual Property Rights Procurement of Recovered Materials Rehabilitation Act of 1973 Reporting of Matters Related to Recipient Integrity and Performance Reporting Subawards and Executive Compensation SAFECOM Terrorist Financing Trafficking Victims Protection Act of 2000 Universal Identifier and System for Award Management USA Patriot Act of 2001 DHS-FEMA-EMPG-FY 19 Page 28 of 35 City of Federal Way, E20-194 Article XXXVII Use of DHS Seal, Logo and Flags Article XXXVIII Whistleblower Protection Act Article XXXIX Environmental Planning and Historic Preservation Article XL Acceptance of Post Award Changes Article XLI Disposition of Equipment Acquired Under the Federal Award Article XLI I Prior Approval for Modification of Approved Budget Article I - Assurances, Administrative Requirements, Cost Principles, Representation and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article II - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article III - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS, 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at hftps://www.dhs.gov/publication/dhs- civil-rights-eva I uation-tool. Article IV - Activities Conducted Abroad DHS-FEMA-EMPG-FY 19 Page 29 of 35 City of Federal Way, E20-194 Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article V - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article VI - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article VII - Best Practices for Collection and Use of Personally Identifiable Information (PII) Recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article VIII - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article IX - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub, L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units- i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. Part 100, Subpart D.) Article X - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards Article XI - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XII - Drug -Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C. if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XII! - Duplication of Benefits DHS-FEMA-EMPG-FY 19 Page 30 of 35 City of Federal Way, E20-194 Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XIV - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F_R Part 19 Article XV - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94- 163 (1975) (codified as amended at 42 U S C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XVI - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XVII - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XVIII - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XIX - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XX - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S C. section 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, codified as amended at 15 U.S C. section 2225. Article XXI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with the Title VI of the Civil Rights Act of 1964 (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.govtguidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. DHS-FEMA-EMPG-FY 19 Page 31 of 35 City of Federal Way, E20-194 Article XXII - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXIII - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 9969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXIV - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXV - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXVI - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXVII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the, Bayh-Dole Act, 35 U.S.C. section 200 et seq. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXVIII - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXIX - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded From participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article XXX - Reporting of Matters Related to Recipient Integrity and Performance DHS-FEMA-EMPG-FY 19 Page 32 of 35 City of Federal Way, E20-194 If the total value of any currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated h ere by reference in the award terms and conditions. Article XXXI - Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C_F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXII - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XXXIII - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XXXIV - Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106(8) of the Trafficking Victims Protection Act of 2000 (NPA), codified as amended at 22 U.S.C. Section 7104. The award term is located at 2 C.F.R. Section 175.15, the full text of which is incorporated here by reference. Article XXXV - Universal Identifier and System for Award Management Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R Part 25, Appendix A, the full text of which is incorporated here by reference. Article XXXVI - USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XXXVII - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XXXVIII - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C, sections 4304 and 4310. Article XXXIX - Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS! FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and DHS-FEMA-EMPG-FY 19 Page 33 of 35 City of Federal Way, E20-194 Executive Orders. To access the FEMA's EHP screening form and instructions, go to the DHS/FEMA website at: https:// tio,v"vn-iia.qu�:.Ered,i -_ r /ass-'s/d curiy �ilse'-G 195. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article XL - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD(&dhs.aav if you have any questions. Article XLI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHSIFEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLII - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C F.R. Section 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction under 2 C.F.R. Section 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF -425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. BUDGET COST CATEGORIES Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Indirect Charges Other $4,057,037.00 $1,489,217.00 $19,38300 $0.00 $15,59700 $8,805,562.00 $0.00 $432,494.00 $0.00 DHS-FEMA-EMPG-FY 19 Page 34 of 35 City of Federal Way, E20-194 Obligating Document for Award/Amendment Ia. AGREEMENT NO. 2. AMF.NDMF.NTNO. 3. EMS -2019 -EP -00003 -SOI *** RECIPIENT NO. 916001095G 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND ADDRESS ADDRESS Washington Military FEMA -GPD Department 400 C Street, SW, 3rd floor Building 20 Washington, DC 20472-3645 Camp Murray, WA, 98430 - POC: 866-927-5646 5122 4, TYPE OF ACTION 5. CONTROL NO. AWARD FY2019R10E1VIPG 8. PAYMENT OFFICE AND ADDRESS FEMA Finance Center 430 Market Street Winchester, VA 22603 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEMA PROJECT COORDINATOR PROJECT OFFICER 2535127456 Central Scheduling and Information Desk Tirzah Kincheloe Phone: 800-368-6498 Email: Askcsid@dlrs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 10/01/2018 OF 10/01/2018 09/30/2021 PAYMENT Budget Period PARS 10/01/2018 09/30/2021 1 5. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON - NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL COMMITMENT ACRONYM XXX -X -XXX -=XXX- AWARD THIS AWARD XXXXX-XX;f X-XXXX-X ACTION + OR (-) Emergency 97.042 2019-FA-GA01-R107--4120-D $0.00 $7,409,645.00 $7,409,645.00 See Totals Management Performance Grants $0.00 $7,409,645.00 $7,409,645.00 57,409,645.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Titzah Kincheloe, Mrs Tue Aug 06 23:35:35 GMT 18. FFMA SIGNATORY OFFICIAL (Name and Title) KIMBERLY ERIN PENFOLD , Assistance Officer 2019 DATE. Mon Aug OS 17:05:05 GMT 2019 DHS-FEMA-EMPG-FY 19 Page 35 of 35 City of Federal Way, E20-194 COUNCIL MEETING DATE: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 320TH ST PRESERVATION (11T" AVE SW TO 3RD PL SW) ITEM #: 5 POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 3201h St. Preservation (11`h Ave SW to 3`d PI SW) project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: John Mulkey, P.E`, Senior Capital Engir Attachments: 1. Staff Report MEETING DATE: April 6, 2020 ❑ Public Hearing ❑ Other DEPT: Public Works Options Considered: 1. Authorize staff to proceed with design of the SW 320`h St. Preservation (11`h Ave SW to 3d P1 SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 3201h St. Preservation (11th Ave SW to 3rd PI SW) project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21, 2020 City Council consent agenda for approval. MAYOR APPROVAL: Initial/Date — Initial/Date VDIRECTORAPPROVAL: �%' �/" ! i31 12-0 07 nitiaH)alc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda .for approval. Vic` V i A: e o (04erc-vkc —00- 0- J i G(e o Cov\-(�re trtd r� y 1,0- V I' C(�-6 CO ✓A-(� re(AC Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 3201' St. Preservation (I1''' Ave SW to 3rd PI SW) project and return to LUTC and Council jor bid authorization, and further reports. " (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 — 2/2020 RESOLUTION # 9 CITY OF FEDERAL WAY MEMORANDUM DATE: . April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Capital Engineer SUBJECT: SW 320' Street Preservation Project 30% Design Status Report Financial Impacts: The cost to the City for the SW 320'h Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item is funded MVET funds. While construction funding was not awarded during the most recent grant cycle, staff requested permission to design this project in anticipation that construction award might be granted from the contingency list. If construction is not awarded off the contingency list, staff requested permission to apply for construction funds in the upcoming grant cycle. Upon completion of the SW 320, Street Preservation Project, no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information - The SW 320` Street Preservation (11 h Ave SW to 3`' P1 SW) project was approved for design at the March 17, 2020 Council to make this project construction ready to take advantage of possible grant opportunities this summer. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Project Design to 30% Ongoing Tasks Include: • Preliminary Contract Specifications • Project Design to 85% • Environmental Document approval IPRO.ILCT ESTINIATED EXPENDITURES: Design (by City staffl $49,000 2021 Construction Cost $788,000 10% Construction Contingency $79,000 Construction Management (by City staff) $62,000 TOTAL PROJECT COSTS $978,000 Rev. 7/18 10 AVAILABLE FUNDING: Federal Grant City Funds (Motor Vehicle Fuel Tax) TOTAL AVAILABLE BUDGET $577,000 $401,000 (FY 202 1) $978,000 FUNDING SUMMARY: As we proceed with the project design, the total project costs will be refined and presented to the Comm it tee and. Council at the 85% design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 356s' Streeet as a tied bid unless we are notable to get funding for this project, in which case this project will be shelved until funds become available. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev, 7/18 11 v COUNCIL MEETING DATE: April 21, 2020 ITEM #: 5h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356T" ST PRESERVATION (15TH AVE SW TO 4TH PL SW) POLICY QUESTION: Should the City Council authorize staff to continue to design the SW 356'h St. Preservation (15'h Ave SW to 4'h PI SW) project and return to LUTC and Council for bid authorization, and further reports? COMMITTEE: Land Use and Transportation MEETING DATE: April 6, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑( Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Senior Capital Ensinee DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize staff to proceed with design of the SW 356'h St. Preservation (15'h Ave SW to 4�' P1 SW) project and return to LUTC and Council for bid authorization, and further reports. 2. Do not authorize staff to proceed with design of the SW 356h St. Preservation (15"' Ave SW to 4°i Pl SW) project and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 21, 2020 City Council consent agenda for approval. MAYOR APPROVAL: dDIRECTOR APPROVAL: f,/ 3kW)Zo2-3 ' m oti e ' m , lniti;�lrCla�c f1w.41f I)a hoial7 k COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 21, 2020 consent agenda for approval. _V k CA Lam: v'� ��C 1 I N V i c— V L a(-�-Lo 49✓1T�o t,- 0 o�- Vl d )eo tfc9 v, �Ct'rC-('t0 kl--- Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with design of the SW 356h St. Preservation (15'h Ave SW to 4'l' PI SW) project and return to LUTC and Council for bid authorization, and further reports. " 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 - 2/2020 RESOLUTION # 13 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Capital Engineer SUBJECT: SW 356"i Street Preservation Project 30% Design Status Report Financial Impacts: 'l'lte cost to the City for the SW 356`h Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item is funded by a grant from FHWA in the amount of $810,000.00 and the remainder from REET and MVET funds. Upon completion of the SW 356th Street Preservation Project, no other costs are anticipated. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. BaekEwound Information: Under the 2019 National Highway System (NHS) Asset Management (Federal Funds) Competition the City was awarded Grant funding for the overlay and ADA retrofit of SW 356`h Street (15th Ave SW to 4th Pl. SW). The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • Topographic Survey • Project Design to 30% Ongoing Tasks Include: Preliminary Contract Specifications Project Design to 85% Environmental Document approval PROJECT ESTIMATED EXPENDITURES: Design (by City staff) $100,000 2021 Construction Cost $1,190,000 10% Construction Contingency $119,000 Construction Management (by City staff) $60,800 TOTAL PROJECT COSTS $1,469,800 Rev. 7118 14 AVAILABLE FUNDING: FHWA. Grant (Federal) MVET Funds (Motor Vehicle Excise Tax) REET Funds (Real Estate Excise Tax) TOTAL AVAILABLE BUDGET FUNDING SUMMARY: Total Project Costs Total Available Funding PROJECT BUDGET SHORTFALL $810,000 $500,000 $74,000 $1,384,000 $1,469,800 $1,384,000 $85,800 As we proceed with the project design, the total project costs will be refined and presented to the Committee and Council at the 85% design completion status report for further action. Staff anticipates bidding this project in the fall of 2020 with SW 320'' Street as a tied bid unless we are not able to get funding for that project, in which case this project will be bid independently in the winter of 2021. Construction is anticipated to commence in the spring of 2021, with an estimated substantial completion date in October 2021. Rev. 7118 15 COUNCIL MEETING DATE: April 21, 2020 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2020 PAVEMENT REPAIR PROJECT BID AWARD ITEM #• 51 POLICY QUESTION: Should City Council award the 2020 Pavement Repair Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ City Council Business MEETING DATE: April 6, 2020 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Fluynh, Capital Engineer tt-6--^ DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated April 6, 2020. Options Considered: 1. Award the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of $151,556.00 and approve a 5% contingency of $7,578 for a total of $159,134 and authorize the Mayor to execute the contract. 2. Reject all bids for the 2020 Pavement Repair Project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the April 21, 2020 Council Consent Agenda for approval. MAYOR APPRovAL: '� 14c.nl: ®WIC i! Inn [a liDa W Tmfli ,Matc DIRECTOR APPROVAL: -3i-,201-Z0?-;) InitiavDale COMMITTEE RECOMMENDATION: "I move to forward Option I to the April 21, 2020 consent agenda for approval. " y � C'- V j GL--" 6=014,—rf✓1C° e L'i a'- Cp.n�cr ratee ✓ i o` t/t'G"ey Mark Koppang, Cohimittee Chair Martin Moore, Committee Hoang Tran, Committee Member Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award all schedules of the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of $151,556 and approve a 5% contingency of $7,578 for a total of $159,134 and authorize the Mayor to execute the contract. " BELOW TO BE COMPLETED BY CITY CGERK'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 # 17 CITY OF FEDERAL WAY MEMORANDUM DATE: April 6, 2020 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Jeff Huynh, Capital Engineer SUBJECT: 2020 Pavement Repair Project — Bid Award Financial linpacts: The cost to the City for 2020 Pavement Repair Project was included within the approved budget under the 101 Street Fund for street maintenance. In accordance with the approved budget, the Fund's major sources of revenue are motor vehicle fuel tax, charges for services, interest earnings, and transfers -in from the General Fund. There are no impacts to future operations and maintenance funding as this is repair of existing infrastructure. Backuround Infoi-znation: Each year the Public Works Department completes pavement patching and crack sealing as part of its regular maintenance. This work is typically done through a combination of contracts and in-house labor. Many times the work is included as a separate bid schedule within the asphalt overlay program. Solicitations were sent to 34 contractors on the MRSC Small Works Roster in the category of Roadway Construction, Repair, and Maintenance and Sub -Category: Asphalt Pavement Minor Repairs. Three bids was received and opened on March 25, 2020 for the 2020 Pavement Repair project. The lowest responsive, responsible bidder is Pavement Maintenance of Washington, LLC, with a total bid of $151,556.00. AVAILABLE FUNDING: 101 Street Fund $190,000.00 Total Available Funding $190,000.00 PROJECT ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project costs based on the low bid: Rev. 7/l8 18 2020 Pavement Repair Project $151,556 Construction Contingency $7,578 Total Project Costs $159,134 Staff recommends awarding the 2020 Pavement Repair Project to Pavement Maintenance of Washington, LLC, the lowest responsive, responsible bidder, in the amount of $151,556 and approve a contingency of $7,578 for a total of $159,334 and authorize the Mayor to execute the contract. Rev. 748 19 City of Federal Way Federal Way &'Vicinity �r� Om". � • 'Y Y • scHEouLE A 28TH AVE S - SCHEDULE G - �� MILITARY RD S P. � t '� , - - "�•� I I — i Federal' .. Way .1 3j �1 A — i •- U ' ED LE B ' WEYERHAEUSER WY S gl.- M« �• �`frT ZL M Mill- an r 4 J 1 N Scat: g o a.zs I ! o Federal Way os .. _ Mlbc 20 Page 1 of 1 2020 PAVEMENT REPAIR PROJECT RFO BID OPENING DATE MARCH 25, 2020 Vendor Name ---> Location ----------> Bid 1 Pavement Maintenance of Wash Auburn. WA Bid 2 Miles Resources, LLC Puvallup. WA Bid 3 Central Paving, LLC Ellensburg , WA Engineer Estimate Item Slid Seal Description Amount Unit Price Total Price Total Price Total Price Total SCHEDULE A - 28TH AVE 5 5 317TH ST TO S 304TH S 1 1 09 MDb:h2400 1 LS 55,000,00 S5. DOD 00 $5.200.00 55,200.00 510'000.0D $10,000.00 $6.19ce-08 Sc..190.G8 2 1 10 Fla 1 urs and E news 92 HR $85.00 $7.820.00 $6000 55,520.00 $70.00 $6,440.00 $65.00 $5-980.00 3 1-10 O frrr Traffic Control Labor 6 HR $85.00 $510,00 $6500 5390.00 $70.00 $420.00 569.00 $414,04 4 1-10 Tcre para ry Tratfac Gonlral 1 LS $10,500.00 $10.500.00 $3,700 00 53,700.00 $2,500 00 $2.500.00 S1,500.00 $1.50000 5 1-10 Portable Changeable Message Sin 6 DAY $250.00 $1,500.00 $75.00 5450.00 $100.00 $600.00 585,00 $57000 6 2-03 Roadway Excavatwn Incl Haul 80 CY S100.00 $8,000.00 $190.00 $15,20000 $3375 00 $30,000.00 5175.00 S14.000 00 7 5-0.1 HMA Class 112" PG 5SH-22 for Pavement Repair 170 TN $60.00 810.200.00 $175.00 $29.750.00 $245 00 $41.650.00 $150.00 $25 500.00 B 8 01 Inlet Prdleraion Inserl 8 EA $15004 $1.200-00 $80-00 $640-00 $100-00 $800.00 58000 $64000 9 8-09 lRaised Pavement Marker, T e 2 0.5 HUN D $800.00 $400.00 $700.00 $350.00 5700-00 $250.00 $908.00 $454.00 108-22 Painwd Lir nt 1980 LF $2.00 $3.960.110 $0.70 $1,386.00 $2.00 $3.960.00 5100 $1.980.00 11 8-22 Plaslk Stop lana 15 LF $12.00 $192.00 $22.00 $352.00 $50.00 $80000 $6.00 $96-00 12 a-22 Plastic Traffic Arrow 3 EA 5200.40 $600.00 $130.00 S39000 $50.00 $150.00 $15000 $450 00 SUBTOTAL SCHEDULE A $49.882.00 $63,328.90 $97,570.00 $57.774.011. SCHEDULE 8 - WEYERHAEUSER WAYS S 336TH ST TO WEYERHAEUSER WAY 5 1 1-09 M'hilizafiun 1 LS $5.000.00 - $5.000 00 $4,250.00 $4.250.00 (5.000.00 $5.000.00 $3.134.40 53.134.40 2 1 10 Fla. aers and §2oGtters 92 =dR $85.00 $7.82000 $6000 S5 520 00 $7 0 00 $6.440.00 $6500 $5,980.00 3 1.10 Ciher Traffic Control Labor 6 HR $85.00 $51000 $65.00 5390.00 570.00 5420.00 $69.00 $414 00 •:1-10 1'292Mary TrafficControl 1 LS 510,500-04 $10,500-00 52,750.00 $2,750.00 $'2.500.00 52,500.00 51-500.00 51-500.00 51-10 Portable Cho ahk M e S n 6 DAY S25000 $1.500.00 $75.00 $45000 5100-00 $600-00 S95 -D0 $57000 6 2-03 Roadway Excavation Incl Haul 30 C -r S100.00 - $3.000.00 $250.00 57,500.00 $375.00 $11,250.00 $175.00 $5.250-00 7 5-04 HMA ClaSS 1,2' PG 581-1-22 for P,gvement Repair 63 TN $60.00 S3 780.00 $200.00 512.600.00 $24500 $15.435.00 $150.00 $9.450.00 8.8-01 irdel Prolecilorl insert 6 EA $15000 $900 00 $80.001 5480.00 5100.00 $60000 $8000 $480.00 9 8-0'] jflased Pavement Marker._ T 2 04 HUND HUN 5840-00 $32000 $700.00 5280.00 5500.00 $200.00 5900.00 $360.00 10 6-'� Prefiled Plastic Line 410 LF $2 00 $1 ,220IJ[i $0.70 $427 00 _ $200 $1.220.00 52.60 $1.586.00 PiacfteCressu•;1k�+ane d0 L 1 2.00 000 50.0 $2.00000 5.84 T224, 00 12 6-2e Piasllc Yield Line Symbol `a LF S20000 $600.00 $110-00 5330.00 iX50.00 $75000 $50.00 $15000 13 g-- Plaslic Traffic Arrow 1 EA $200.00 $200.00 $13000 $13000 5250.00 $25000 3156 00 $156.00 SUBTOTAL SCHEDULE B $35,830.00 535.987.00 546.665.00 $29,254.40 SCHEDULE C - MILITARY ROADS S 320TH ST TO CITY LIMIT] 1 1-09 IMoo,lization 1 LS $500000 $5-000.00 $550000 55.500-00 55.000.00 $500000 55.uG8.:rt $6 808 92 211-10 lFlatigers and 5 ❑t1Crs 114 HR $85 00 $9.690-00 $60.00 56,840.00 $70 00 $7,98000 565.04 $741000 311 -1U 0thet Tranlc Conlydl Latrlr - 6 HR 56500 $510 0D $65-00 $390.00 570.00 $420.00 $69.W $414-0D 411-10 1011 Eli Uniformed Pakw Olhr-L�i 1 FA S3.00000 $3.000.00 $3.000.00 53,000.00 $3,000.00 $3,000.00 $3.000.00 S3.000.00 51.10 ITem"ary Traffic Control 1 LS 312.000 00 512,000.00 s,4-600.00 $4,600-00 52.500.00 $2.500.00 S1.500.00 51 500.00 61-10 Portable Cnan eablrr Mas a Sin 8 DAY $250.00 $2.000 00 $75.00 $600.00 $100.00 $800.00 S95.00 $760.01) 7 2-01 Roadway Excavation IIICt. Haut 115 ICY $100.00 $11 500 UO $180.00 $20.700001 $375.00 $43-125.00 5175.00 $20.12500 8 5-04 HMA Class 1/2" PG 58H-22 for Pavement Repair 235 TN $60.00 $14.100.00 $15000 $35.250.00 $245-00 $57,575.00 $150.00 $35-250-U2 9 11.01 Inlet PmlecAan Insert 12 EA 5150,00 $1,800.00 S80 00 $960.00 $100-06 $1.200.00 $80.00 $96000 IQ 8-09 Ralaad Nvomenl Marker. TyM 2 0.5 HUND 5800.00 $40000 $70000 $350.00 $500.00 $250.00 5900-00 $450-00 11 8.22 _ Painted Line 1872 L r00 53.74.000 $0.70 $1,3104(1 w2 -DU $8.74460 $1.00 $1 8720 12 8.22 PAtslic Wide I1rim 175 LF $12 .00 $2 100 0., $500 5875-00 E530 00 $8.750-00 S6.00 $1,050.00 SURTO-r AL SCHEDULE C 565,844.00 SSU.375.40 2134 .Otj 579.599.92 TOTALi51 110 5179.690.40 579.00 5166,62&40 Page 1 of 1 COUNCIL MEETING DATE: April 21, 2020 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ACCEPTANCE OF PROFESSIONAL SERVICES CONTRACT POLICY QUESTION: Should the City of Federal Way approve a Professional Services Agreement (PSA) with BERK Consulting, Inc. to develop a Housing Action Plan for the City of Federal Way? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Robert "Doc" Hansen, Planning Manager Attachments: 1. Staff Report. 2. Professional Services Agreement MEETING DATE: April 6, 2020 ❑ Public Hearing ❑ Other DEPT: Community Development Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: InitiaVDate J DIRECTOR APPROVAL: Initial/Date COMMITTEE RECOMMENDATION: "I move to_forward the proposed Agreement to the April 21, 2020, consent agenda for approval. " Vc �' .i <: 4,.. (-e AC Jia � �C��� �oti(1� yvte�c �;c` J�e�� � ... �-:$�.�r�C2 Council Member Mark Koppang Council Member Martin Moore Council Member Hoang Tran Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERIC'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 # 23 ik CITY OF Federal 4J11'ay LAND USE AND TRANSPORTATION COMMITTEE STAFF REPORT DATE: April 6, 2020 To: LUTC Chair, Mark Koppang FROM: Brian Davis, Community Development Director Robert "Doc" Hansen, Planning Manager SUBJECT' Request for Approval of a Professional Services Agreement (PSA) to BERK Consulting for a Housing Action Plan I. FINANCIAL OBLIGATION Adopting the proposed Professional Services Agreement will present no additional financial obligation to the city outside the employee time necessary to administrate the agreement. Monies have been allocated by the Washington State Department of Commerce to provide this service. H. BACKGROUND In the 2019 state legislative session, the Senate and House of Representatives passed a bill authorizing the state's Department of Commerce to distribute five million dollars ($5,000,000) to cities in the state planning under the Growth Management Plan to develop and adopt various land use actions, or a Housing Action Plan designed to aid in development of policies and regulations intended to allow and encourage development to meet identified housing needs. The City applied for monies to develop a proposed Housing Action Plan and the Department of Commerce awarded $100,000 to the City of Federal Way to develop a Housing Action Plan. The plan will be part of a model for determining regional housing need and distribution. The City Council, on November 19, 2019, accepted the monies offered by the Department of Commerce to perform these tasks. The City is responsible for reviewing and updating its current comprehensive plan in 2023. One of the elements of the comprehensive plan required by the Growth Management Act includes a Housing Element. The activities and policies adopted by this effort can, and will, be used to develop this required element and determine methods designed to meet the housing needs for the City of Federal Way. Land Use and Transportation Committee Request for Approval of a PSA for a Housing Action Plan 24 April 6, 2020 Page 1 of 2 III. REQUEST The Mayor requests that $80,000 of the granted $100,000 be allocated to the development of a Housing Action Plan for the City of Federal Way, and to enter into agreement with BERK Consulting, Inc. to aid the development of such a plan. After extensive review of numerous consultants responding to the City's Request for Proposal to complete a housing action plan, it was determined that BERK Consulting would provide services most appropriate to the needs of Federal Way. The company's proposal will provide a strong community/stakeholder participation within its scope of work, insuring that various interest groups dedicated to providing housing are considered in the plan's development. The Scope of Work includes: • Developing and conducting a stakeholder involvement program to gather community input and preferences, which includes input from various groups involved in providing and serving housing within the City. • Evaluating City data needs, collecting data, and providing a technical memo/ report to the City and stakeholders. • Providing analysis of existing and projected housing needs by various types and affordability. • Review existing policy/regulation analysis and providing suggested changes/ strategies in the effort to encourage/allow needed housing. • A Draft Housing Action Plan for presentation to citizens, stakeholders, and the Council for adoption. The Mayor recommends acceptance of the Scope of Work and contract to BERK Consulting to develop and contribute toward adoption of a Housing Action Plan for the City of Federal Way. Attachment A: Proposed Contract and Scope of Work for BERK Consulting to Complete the Federal Way Housing Action Plan Land Use and Transportation Committee Request for Approval of a PSA for a Housing Action Plan 25 Apri16, 2020 Page 2 of 2 CITY OF CITY HALL Federal W Feder 8th Avenue South Federal Way. VIA 98003-6325 (253) 835-7000 www cifyoffederalway coin PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPING A CITY OF FEDERAL WAY HOUSING ACTION PLAN This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and BERK Consulting, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: BERK CONSULTING, INC. Lisa Grueter, Principal in Charge 2200 Sixth Avenue, Suite 1000 Seattle, WA 98121 206-324-8760 tant.com The Parties agree as follows: CITY OF FEDERAL WAY: Robert "Doc" Hansen 33325 8°i Avenue South Federal Way, WA 98003-6325 253- 835-2643 Robert.hansen a,cityoffederalw, .coin 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than June 30, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, 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, 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 Contractor 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 Contractor 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 Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon Professional Services Agreement - 1 26 Rev 3/2017 CITY of o Federal 11d]]�' CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cil offederalwav con) completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 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 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5:3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: Professional Services Agrecment -227 Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www mtyoffederalway com a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap 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 limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records 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 that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick Professional Services Agreement -328 Rev. 3/2017 CITY OF CITY HALL 4 Federal Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. E UAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 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 Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement 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. Professional Services Agreement . 429 Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 www c+tyolfederalway corn 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] Professional Services Agreement - 5a0 Rev 3/2017 ACI7Y Of . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wK%v cityoffeder31way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: BERK CONSULTING, INC.: Lisa Grueter, Principal in Charge 1117_7463 STATE OF WASHINGTON) ) ss. COUNTY OF 1 ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Lisa Grueter, to me known to be the Principal in Charge of BERK Consultants, Inc. 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 she is 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 2020. Notary Public in and for the State of Washington. My commission expires Professional Services Agreement - 631 Rev. 3/2017 city OF CITY HALL Federal Way Feder 8th Avenue South �"`..�`.. Federal Way. WA 98003-6325 (253) 835-7000 www crtyoffederaltvav com EXHIBIT A SERVICES 1. The Contractor shall develop a Housing Action Plan (HAP) for the City of Federal Way meeting the criteria established by the Department of Commerce including: a. Designing and conducting a public participation program designed to obtain input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups (stakeholders); Deliverable: Report on the outcome of a conducted comprehensive participation effort. b. Quantify existing and projected housing needs for all income levels, including extremely low-income households, with documentation of housing and household characteristics, and cost -burdened households; c. Analyze population and employment trends, with documentation of projections; Deliverable: City economic and housing needs analysis providing evaluation of existing and projected housing needs within the City of Federal Way. d. Review and evaluate the current housing element of the comprehensive plan policies adopted pursuant to RCW 36.70A.070, including an evaluation of success in achieving existing goals and policies; e. Review and evaluate the current Federal Way Revised Code (FWRC), Title 19 as to its performance in encouraging development of housing consistent with housing need. Deliverable: Report evaluating existing housing policies and regulations, and that exist in the City of Federal Way. f. Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified from obtained public, data, and policy/regulation analyses; g. Consider strategies to minimize displacement of low-income residents resulting from redevelopment; Deliverable: Memorandum outlining researched strategies which may address identified housing need. h. Prepare a draft Housing Action Plan for stakeholder and Planning Commission review; the Plan will include summaries of public engagement, housing needs assessment, demand analysis, policy evaluation and proposed housing strategies, and changes in plan and regulations; and i. Adjust the Plan as determined necessary from activity in item (h) above. Deliverable: A final Housing Action Plan for consideration of adopt by the City Council. Professional Services Agreement -7 3? Rcv 3/2017 ci ry OF CITY HALL Fe d e ra I V ' 13th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www crryo((ederalway. com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Eighty Thousand Dollars and 0/100 Dollars ($80,000.00). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Professional Kevin Ramsey, Project Manager Kristin Maidt, Deputy Project Manager Lisa Grueter, Principal in Charge Dawn Couch, Facilitator and Analyst Bob Bengford, Urban Designer Rachael Miller, Planner &Engagement Support Hourly Rate $185 $160 $225 $160 $215 $140 Reimbursable Expenses The actual customary and incidental expenses incurred by Contractor in performing the Services, including expenses and incidental costs and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. Changes to Compensation Any changes to the compensation or personnel schedule must be approved by the City through an amendment of this PSA. Professional Services Agreement -833 Rev. 3/2017 COUNCIL MEETING DATE: April 21, 2020 ITEM #: 6a ........ .. - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPROVAL TO PAY THE JUDGMENT AND ATTORNEY FEES IN THE HUNTER LITIGATION. POLICY QUESTION: Should the City Council approve payment of the judgment in the Hunter case, associated attorneys' fees and associated interest? COMMITTEE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® City Council Business ❑ Resolution STAFF REPORT BY: J. Ryan Call, City Attorney Attachments: Staff Report Options Considered: MEETING DATE: N/A ❑ Public Hearing ❑ Other DEPT: Law 1. Approve the payment of the Hunter judgment and the Attorney Fees on the Appeal. 2. Deny the payment of the Hunter litigation i dgment and the Attorney Fees on the Appeal. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A VZZ WI� ,DIRECTOR APPROVAL: gae, tfl6 Zww Committee Cnu cil Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize payment of the judgment with court imposed interest and associated attorneys 'fees related to the Hunter case. " 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: April 21, 2020 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney Or -- SUBJECT: Hunter Litigation Judgment Financial Impacts: The City must pay $655,117 in a court ordered judgment, court ordered attorney fees and negotiated attorney fees on the appeal. Additionally, the City is responsible for interest on the judgment during the appeal, which we currently calculate at $24,066. $600,000 was budgeted by council in the budget adjustment earlier this year, and the remainder of the funds will come from Risk funds that previously were reserved for large claims/litigation. Back-1,rouiid lil orinaition: In October, 2016, Mr. Hunter filed suit alleging wrongful arrest and excessive force. Josiah Hunter and his friend allegedly witnessed a vehicle collision on September 14, 2014. A jury trial was started on July 9, 2018, which rendered a jury verdict on July 17, 2018 in favor of the plaintiff in the amount of $40,000 in general damages and $600,000 in punitive damages. The punitive damages were reduced on the City's motion to $360,000 on November 29, 2018. The City appealed the matter to the 9th Circuit Appeals Court, which upheld the ruling of the District Court in favor of the plaintiff on March 11, 2020. The Federal Court also ruled that the City was responsible for $183,500 towards plaintiff's attorney's fees and $6,000 in paralegal time. In addition, the City could be held liable for plaintiff's attorney fees on the appeal to the 9" Circuit. In order to avoid further expenses, the City and plaintiff have negotiated the attorney's fees for the appeal in the amount of $65,617. Rev. 7/18