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PRHSPSC PKT 09-14-2021City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee September 14, 2021 5:00 p.m. Virtual MEETING AGENDA Notice: Due rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee's Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: a Click Here to Watch Online Live Streaming Video of the Meetin Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of July 13, 2021 Minutes 3 Action N/A B. Resolution Supporting the Court's Efforts to Address Judge 5 Action Resolution Addiction and Mental Illness with the Sequential Larson 9/21/21 Intercept Model C. CDBG-CV2 Contract with WA State Department of Bridgeford 23 Action Consent Commerce 9/21/21 D. Lease Agreement between Twin Lakes Plaza, LLC and Bunk 43 Action Consent the City of Federal Way for the Twin Lakes Substation 9/21/21 Committee Members City staff Linda Kochmar, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Greg Baruso K:\PRHSPS Committee\2021\09-14-2021 Agenda.doc Topic Title/Description Presenter Page Action Council or Info Date E. Interlocal Agreement between City of Federal Way and Jones 53 Action Federal Way Pubic Schools for School Resource Officers F. King County Registered Sex Offender Cost Hwang 69 Action Reimbursement Agreement G. Valley Narcotics Enforcement Team (VNET)/U.S. Hwang 81 Action Department of Justice, Drug Enforcement Administration (DEA) High Intensity Drug Trafficking Area (HIDTA) Task Force Agreements H. Bid Acceptance — Roofing Replacement at Saghalie Gerwen 91 Action Restroom Buildings & Steel Lake Annex Barn I. HVAC Service Contract Amendment Gerwen 135 Action J. Janitorial Service Contract Amendment Gerwen 141 Action Consent 9/21/21 Consent 9/21/21 Consent 9/21/21 Consent 9/21/21 Consent 9/21/21 Consent 9/21/21 4. OTHER Topic Title/Description Presenter Information 5. FUTURE MEETING: The next PRHSPS meeting will be October 12, 2021 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2021\09-14-2021 Agenda.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 13, 2021 5:00 p.m. SUMMARY Committee Members Present: Chair Kochmar and Committee member Baruso Committee Members Participating via Video Conference: Committee member Assefa-Dawson Council Member Present: Council President Honda Council Member Participating via Video Conference: Council member Craft Staff Members Present: Joanna Eide, City Attorney, Chief Andy Hwang, John Hutton, Parks Director, Jason Gerwen, Parks Deputy Director, Rick Perez, Traffic Engineer and Mary Jaenicke, Administrative Assistant II. Chair Kochmar called the meeting to order at 5:00pm Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Baruso motioned to approve the June 8, 2021 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. Second Amendment to the Interlocal Agreement between the City of Auburn and the City of Federal Way for Office Space for the PSATT Office Chief Hwang provided the background information. The City of Federal Way is the lead and fiscal agent for the Puget Sound Auto Theft Task Force (PSATT). This encompasses law enforcement agencies from the state of Washington. The office is located in a non -disclosed location in Auburn. The City of Auburn will charge $3,125 a month for rent. This charge is fully reimbursed by the WATPA grant. Committee member Baruso moved to forward the Interlocal agreement between the City of Auburn and the City of Federal Way to the 2021 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. RFB• Roofing Replacement — Saghalie Restroom Buildings & Steel Lake Annex Barn Deputy Parks Director Gerwen provided the background information. Parks Staff is requesting permission to go out to bid to replace the roofs at the Saghalie Restroom Buildings and the Steel Lake Annex Barn. The current roofs are three -tab roofing and they will be replacing those with metal roofs. The funding for this project was approved in the last budget adjustment. Committee member Assefa- Dawson moved to forward the proposed Request for Bids for the Roofing Replacement — Saghalie Restroom Buildings & Steel Lake Annex — Barn to the July 20, 2021 consent agenda for approval. Committee member Baruso seconded. Motion passed. Celebration Softball Complex 2022 RFP Park Director Hutton provided the background information. The revenue to the City is estimated to be a minimum of $32,000 and will be credited to the Parks Department — Recreation budget. The revenue from the RFP will be replacing current revenues from the Adult Softball Leagues. There will also be a cost savings between $18,000425,000 in expenditures. The City has had a long history of running successful softball leagues. Consistent with the national trend, since 2008 the City has experienced a 3 K:\PRHSPS Committee\2021\07-13-2021 Minutes.doe PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, July 13, 2021 Summary Page 2 slow decline in participation in our softball leagues. City staff is hoping to turn the complex over to an organization that runs competitive youth leagues and adult softball. They will not be allowing recreational leagues to compete with our local agencies. Any group that is currently using the fields would still be allowed to use the fields. Committee Chair Kochmar would like all of the fields to be turned into artificial turf. She would like to the complex to become a Nationally known sports complex. Committee member Baruso moved to forward the proposed Celebration Park Softball Complex 2022 RFP to the July 20, 2021 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. East/West Bus Service Chair Kochmar requested that Senior Traffic Engineer Perez attend the meeting to discuss how to help citizens get to the light rail station when it is in full operation. Staff Perez is the primary person that interfaces with the agencies in Federal Way. There was discussion on the existing bus routes, how to improve transportation services, transportation for Senior Citizens and people with disabilities. The city does contract with Hyde shuttle. Hyde shuttle mainly serves senior citizens in the community and they work closely with David Schmidt the city's Senior Services Coordinator. Chair Kochmar would like to have a discussion in the future regarding a grant program to transport people on the East and West to the Park and irides and Transit Station in Federal Way. Staff Perez cautioned that there may be a jurisdictional issue if Hyde tries to do too much; they would be subject to Federal Transit Administration rules and regulations. Metro does have other programs that encourages partnerships and they have recently started working with smaller shuttles. The committee's main concern is how to get people to the Park and Rides so they can ride the Light Rail or the buses; parking will be an issue. Committee member Assefa-Dawson stated that the disabled population is not being served through Metro. Bus services are reduced because of the Light Rail. Sound Transit is much more expensive than Metro and eliminating or reducing bus services takes away the ability for people to use public transportation. She would like to add this subject to a future conversation. Public Safety Crime and Safety Report Chief Hwang's presentation included information on crime trends from 2014 to 2021 and more specifically January - June 2020 v. January - June 2021, crime prevention and initiatives, new Police Reform Laws and building trust and partnerships in the community. In 2020 there was a significant increase in crimes nationwide; murders were up 25%. So far in 2021 the homicide rate is up 24%. In 2021 the number of homicides continues to soar in King County and has increased 36% after the first three months. There have been three murders and one manslaughter in Federal Way. There have been more law enforcement officer fatalities in 2020 than there have been in 46 years and the reported cases of officers assaulted was up 6% in 2020 and has increased 67% since 2016. Some of the crime prevention techniques that are used include 250 surveillance cameras in various locations throughout the city and license plate readers that are strategically placed in certain intersections. The city also has a graffiti abatement program and an illegal encampment initiative. In May of 2021 Governor Inslee signed 13 bills that will go into law July 25'. Chief Hwang reviewed a few of the bills that will have the biggest impact to the community. The City of Federal Way Police Department is one of eight Law Enforcement Agencies in the State of Washington that is Nationally Accredited. They will receive their reaccreditation in November, 2021. After Chief Hwang's presentation there was a question and answer session with the Committee members, Council President Honda and Council members in attendance. Other None NEXT REGULAR MEETING September 14, 2021 ADJOURNMENT Meeting adjourned at 6:44 p.m. COUNCIL MEETING DATE: 9/21/21 ITEM #_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION SUPPORTING THE COURT'S EFFORTS TO ADDRESS ADDICTION AND MENTAL ILLNESS WITH THE SEQUENTIAL INTERCEPT MODEL POLICY QUESTION: Whether the City Council should support the court's efforts to address the individual and community impacts of addiction and mental illness in a coordinated manner pursuant to the attached strategic plan. COMMITTEE: PRHSPS MEETING DATE: Sept. 14, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business 0 Resolution ❑ Other STAFF REPORT BY: Judge Dave Larson, Rep. Jamila Taylor, Rep Lauren BRANCH: FW Municipal Court Davis, and others — Attachments: 1. Proposed Resolution 2. Justice Involved Therapeutic Intervention 3. Federal Way Municipal Court Administrative Office of the Courts Grant Application Options Considered: 1. Approve the proposed resolution. 2. Do not approve the proposed resolution. 3. Suggest. revisions to. the proposed resolution. MAYOR'SRECOMNIENDATION: Option 1 C� MAYORAPPROVAL: V 41119-I rf " 1/I �A/ JUDGE APPROVAL: G cmnnm,re Connnifl Inili;tl/U:ne Inii I/D le COa'IMITTEE RECOMMENDATION: "I move t0 forward the proposed resolution to the September 21, 2021 City Council meeting" Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:: "1 move for approval of the resolution as proposed" (BEL(nY TO BE COMPLETED BY CITY CLERK's OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED Firstreading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordmn. only) ORDINANCE REVISED- 4nO 19 RESOLUTION 9 Memorandum To: Parks and Public Safety Committee From: Judge David Larson, Federal Way Municipal Court RE: Resolution Supporting the Court's Efforts to Address Addiction and Mental Illness with the Sequential Intercept Model Date: September 1, 2021 Councilmembers: I will explain documents attached to the Agenda Bill. Proposed Resolution The Resolution is intended merely as a statement of support for the Court's efforts. The City will eventually need to accept the grant because we will be adding FTEs and creating accounts to track the monies, but we are not requesting fielding from the City. We are also not requesting any other department to change its policies or practices. Justice Involved Therapeutic Intervention This is a white paper that I wrote in November 2019 that argued for state money to address the impacts of crime and behavioral health. I opined that state money is needed because the issues we face are regional and not just local. SB 5476 provides for $4.5 million for local courts due to the efforts of Rep. Jamila Taylor. Rep. Lauren Davis is the inspiration for the fluids in SB 5476 that provide for the needed behavioral health services. Federal Way Municipal Court Administrative Office of the Courts Grant Application We will provide the actual Grant Application once it is completed, but this document simply lays out the parameters for the grant. Thank you. Judge David A. Larson R RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, endorsing the use of the Sequential Intercept Model to address the individual and community impacts of addiction and untreated mental illness in Federal Way. WHEREAS, many individuals are suffering from individual impacts caused by addiction and untreated mental illness; and WHEREAS, many of those who suffer from addiction and untreated mental illness do not cause impacts for others as they address the issues they face individually; and WHEREAS, other people who suffer from addiction and untreated mental illness impact entire communities through trespass, theft, car prowling, and even the commission of violent crimes as they address the issues they face; and WHEREAS, it is true that some of the people that are arrested and processed through our court system will not respond to intervention and will continue to commit crimes regardless of the intervention used. However, many other people would likely stop their criminal conduct if their behavioral health issues were addressed early in a consistent and organized manner. However, there are limited resources available to intervene and the resources that are available are not organized in a way that allows for a coordinated approach by all of the stakeholders that could be of assistance in reducing impacts to the community and to the individual; and WHEREAS, the Sequential Intercept Model is a well -accepted best practice that organizes resources in a logical and organized manner to maximize effectiveness and lower costs; and Resolution No. 21- Page 1 of 4 Rev 1/21 WHEREAS, the Federal Way Municipal Court in partnership with Des Moines Municipal Court is developing a plan to organize and share established resources using the Sequential Intercept Model; and WHEREAS, in the 2021 session the legislature passed SB 5476 which for the first time in state history allocated state money for local courts to allow local communities to use therapeutic intervention in the effort to reduce impacts to the community and to individuals; and WHEREAS, RCW 2.30.050 provides that courts are "authorized and encouraged to establish multijurisdictional partnerships..."; and WTT-F QT- A C' 41, .� L'...7 ..«.,1 TVV h�T 1 (� t l.as lied � +• fate --f �iin�inn in Yv TII-A' 1�r1J, Me 1 GUG1U1 ay Municipal Court 11UJ applied lll� IkJ sLULI 61U11L LlL-111r, 111 partnership with Des Moines Municipal Court to implement the use of the Sequential Intercept Model in our respective courts and in other courts in South King County. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council endorses the Court's application for state grant funding in partnership with Des Moines Municipal Court and also supports the Court's efforts to use the Sequential Intercept Model to address the impacts of addiction and untreated mental illness in partnership with Des Moines Municipal Court and other South King County courts. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Resolution No. 21- Page 2 of =1 Rev 1 /21 n. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of 52021. Resolution No. 21- [signatures to follow] Page 3 of d Rev 1 /21 0 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Res011lliO17 No. 21- Page 4 of 4 Rev 1 /21 10 Therapeutic Intervention (JITI) by Judge David A. Larson Federal Way Municipal Curt 11 1. Introduction The positions taken in this paper are the author's alone and are not endorsed by any other individual or group. The purpose of this white paper is to advocate for state resources to support the effective use of courts of limited jurisdiction in coordination with needed services to fulfill the intent and purpose of the Sequential Intercept Model. District Courts and Municipal Courts have jurisdiction over and handle the same types of criminal cases; misdemeanors and gross misdemeanors. Therefore, any reference to the handling of criminal cases in Municipal Courts applies equally to District Courts, and vice versa. However, there is a statutory inequality in behavioral health resource funding for these courts that will be discussed below.] 2. What is the Sequential Intercept Model? According to the publication, Using the Sequential Intercept Model to Guide Local Reform October 2018, the Sequential intercept Model refers to a stepped process for addressing behavioral health issues in the different stages of the criminal justice system. There are currently six recognized intercepts in the Sequential Intercept Model. "Each intercept functions as a filter; ideally, interventions would be front -loaded to "intercept" people early in the system. " Id at p. 2. • Intercept 0 — Community Services • Intercept I — law Enforcement • Intercept 2 — Initial Detention/Initial Court Hearings • Intercept 3 — JaiWCourts • Intercept 4—Reentry • Intercept 5 — Community Corrections Superior courts and courts of limited jurisdiction play a significant role in Intercepts 2 and 3. Courts of limited jurisdiction play a significant role in Intercept 5 because probation is an armof the court under ARLJ 11, but not all courts of limited jurisdiction have probation departments. Superior courts can use the Department of Corrections for misdemeanant probation, but such services must be separately contracted for with DOC by each jurisdiction. RC W 9,95.204. FIGURE 1 cwnnlmiyso�F� 3�Imugt m Enlw[nnm, See discussion in Section 8. 12 There are identified best practices for all five intercepts that are depicted in the illustration below: LNFe9ab MnepYN:uLWrt etl.NtlW�q Gotl ayalematdlWomtlon pMlm WeiiOkN0na1 PWU OtleaEnailllMman101 Vea Wre aId Ngemesxw �nM� .,ecoo,an,m.mmiwum. peopNW �� m.m aMa„NM1uuu%Elawtlen. A good way to digest a volume of additional information on the Sequential Intercept Model quickly is to review materials on the website of Policy Research Associates, the provider of Sequential Intercept Mapping (SIM), including a one Rage summary, a brochure, a training brochure, next steps, and a slide show. 3. Can courts of limited jurisdiction be effective implementing Intercepts 2, 3, and 5? In its 2015 report entitled, Municipal Courts � An Effective Tool for Diverting People w .. . _, __ ....... rr— finm the Criminal Justice Svstem the Substance Abuse and Mental Health "Municipal courts make a good potential vehicle for diverting people with mental and substance use disorders for several reasons, including volume ofcases; high prevalence ofinental and substance use disorders among those appearing before municipal courts; the risk of increased jail time for armstees with mental illness, most with co-occurring substance use disorders; and perceptions of community risk based on offense type. " Id. at p. 3. SAMSHA concluded: "Municipal courts that implement these four essential elements — Identification and Screening, Court Based Clinician, Recovery -Based Engagement, and Proportional Response --are in the position to minimize the criminal justice system involvement and reduce unnecessary incarceration ofpeople with mental illness and co-occurring substance use disorders as well as facilitate engagement or re -engagement in mental health and substance use disorder services. Municipal courts provide an enormous opportunity to fill a gap in diversion strategies at Intercepts 2 and 3 of the Sequential Intercept Model. In the aggregate they are, by far, the primary case resolution forum in the United States. The individuals who enter municipal eourtfit the profile of a population that might benefit mostfrom diversion: individuals with mental and substance use disorders, frequently arrested for minor offenses, living in communities with few behavioral health services, and at high riskfor homelessness and 13 unemployment. While there are challenges, there are a number of examples in different parts of the country that illustrate how municipal courts cat? in fact become an essential part of the landscape as ,-ffnrts at diversion move forward. " Id. at p. 12. 4. Use of the Sequential Intercept Model in Courts of Limited Jurisdiction in Intercept 2 and 3 In its 2015 report entitled, Municii)al Courts: An Effective TooLLorr Divertin r People with Allental and Substance Use Disora'e�s From tlae C"rirninal Jisstice Svstem, the Substance Abuse and Mental Health Services Administration (SAMHSA) stated the following in its introduction: "dental health courts, drug courts, and other treatment courts have become an increasingly commonn part of the judicial landscape and define much of the conversation at intercept 3. Reentry from jail or prison, Intercept 4, has become a core topic in general discussions regarding correctional policies at the.federal, state, and local levels. SAMHSA's SSIISSDI Outreach, Access and Recovery) (Dennis & Abreu, 2010) ease reentry on release from jail or prison. And while many communities lack much in the way of resources at Intercept 5, a literature has emerged that discusses specialized probation as a strategy to ensure longer community tenure (Skeem & Manch.ak, 2008). While each intercept presents oppo#°tunities for diversion, Intercept 2 neay hold the most unexplored potential. This is because it is at Intercept 2 (initial detention anal first court appearance) that the vast majority of individuals who come into contact with the criminal justice .system appear. Many of these individuals have a mental illness and co-occurring substance use disorders; these are the individuals whom communities often try to divert. However, for a variety of reasons discussed below 9 they inters pt is often overlooked The purpose of this document is to turn community attention to the possibilities that Intercept 2, especially when the first appearance is at a municipal court, presents for diversion. The optimal diversion strategies that are most often overlooked and involve municipal courts are at first appearance (Intercept 2�e '> (Emphasis added) In 201.5, the Legislature expressed a clear intent to support the judicial branch's efforts to establish therapeutic courts under RCW 2.30.010, but such courts are part of Intercept 3, not Intercept 2. Nevertheless, early intervention with coordinated services in Intercept 2 3 14 is still a best practice. The observation of the necessity for early intervention and treatment in Intercept 2 is also consistent with Chapter 4 of Facing Addiction in America: The Surgeon General's Report on Alcohol, Drugs and Health. In addition, as can be seen in the graphic below, Intercept 3 includes disposition of cases in therapeutic courts and in traditional courts, yet there seems to be a belief by many that only therapeutic courts should use therapeutic intervention techniques. However, failing to use therapeutic intervention in Intercept 3 for all qualifying cases actually defeats the purpose of the Sequential Intercept Model because it delays therapeutic intervention until the affected individual qualifies for a therapeutic court. This partial approach to Intercept 3 also fails to recognize the fact that many jurisdictions cannot justify a therapeutic court yet still need to address the same behavioral health issues. Intercept Jails/Couns Specialty court Jail 'I Disposttional - court 5. What is best practice for implementing the use of the Sequential Intercept Model? The implementation of the Sequential Intercept Model requires an ambitious effort through what is called Sequential Intercept Mapping (SIM). Currently, each community is expected to take the initiative on its own to develop coordination of the six intercepts. Pierce County's 2018 Sequential Intercept Model Mapping Report is a good example of the effort taken to compile the data necessary to determine the community's ability to respond in a coordinated manner. Sequential Intercept Model Map for Pierce County, WA N I 15 6® What is the status of the use of the Sequential InterceptModel? Some communities have done better than others have when it comes to 11 organizing sCrvwh;uiyell, LYmost dorrll1L�J across the sLae1ahave 1oI,—t.UL 1tL engaged in the analysis for reasons ranging from the lack of political will to the lack of funding and resources. We have some shining examples of what well -funded courts look like, but we have many more courts that are not well funded, and countless examples of other courts that do not even want to venture into the therapeutic realm because of the daunting task of organizing services and funding such intervention. In addition, each of the stakeholders that serve the various intercepts has traditionally operated independently of each other with little or no coordination. This makes the breaking down of traditional silos a challenge. The result; although we have good examples of best practice in the state, we have what can best be described as a patchwork of partial behavioral health solutions that cannot be reasonably tied to a statewide or region specific strategy. e fiSate°uept�l0,Ii RI%"1Lm- egme1laaar Model? Without early and continued intervention, addiction and untreated behavioral health issues can lead to a cycle of criminal behavior that affects the individual_ through a predictable cycle of criminal charges, warrants, incarceration, lost housing, lost employment, and other significant individual impacts. Entire communities and. regions are also affected through property loss, damage, costly medical intervention, and the overtaxing of government resources for law enforcement, jails, and courts. Misdemeanors and gross misdemeanors are not "low-level offenses" or "just misdemeanors" because convictions for these offenses can have long-term adverse impacts to employment, education opportunities, and other life success for the person charged. Taking the first offense seriously will help countless people and communities in the long term if an attempt is made to intervene the first time someone is charged with a crime commonly associated with addiction and untreated behavioral health issues. Courts of limited jurisdiction currently have the ability to impose treatment and other requirements that are focused on getting control of the behavioral health issues as part of sentencing. However, there needs to be a "nexus" between the condition imposed and the crime committed. Treatment cannot be imposed as a condition of sentence if there is no attempt to screen people for such behavioral health issues before sentencing. In addition, the failure rate for treatment conditions are contributed to by the absence of any coordinated hand-off from the court to behavioral health professionals. 8e Is there equal access to funding for counties and cities? RCW 2.30.040 does not make a distinction between a county and a city seeking funding for therapeutic courts. However, RCW 82.14.460 only allows counties to collect and use a .l% sales tax for behavioral health treatment and therapeutic courts. An exception was codified in 2010 that allowed cities with populations of over 30,000 people to impose the tax, but only if that county had not already imposed the tax. G7 16 In Ding County alone, there are eight cities with populations greater than the populations of eighteen counties. Twenty-seven of the thirty-nine counties have populations that are less than the populations of individual suburban cities Like Federal Way, bent, Renton, and Kirkland. These four cities operate municipal courts that handled a combined 10,959 criminal case filings in 2018, yet cannot collect or use any sales tax generated by RCW 82,14,460 to address the same behavioral health issues that counties face.z 9. Why d® courts of limited jurisdiction need state financial support? The lack of resources results in countless lost opportunities to identify "the specific individual's needs," 3 and provide "treatment for the issues presented" 4 for first time justice -involved individuals and other justice -involved individuals suffering from behavioral health issues. Washington State's court structure properly allows each community to meet its criminal. justice needs through local control, accountability, and flexibility. Counties and cities across the state have fulfilled their statutory duties to provide for courts to address crimes that occur within respective jurisdictional boundaries. However, in recent years the counties and cities of this state have been confronted with a common crisis in criminal justice that knows no jurisdictional boundaries. This means that local impacts have become regional and statewide impacts. However, as stated In iin ci al r ow-t : An VPCtiye Tool fb," Diverling Peovie i ith VP.aa/ and Subsia..nc f psi? Disor'Ce'C.'rs 1 oni //7c, Criminal Ju oce �3�.�Si�C'Yt�, the common denominator for all courts is the need for the following resources so that courts of limited jurisdiction can properly intervene in behavioral health issues: 1. Identification and Screening; 2. Court Based Clinician; 3. Recovery -Based Engagement; and, 4. proportional Response. The majority of the courts of limited jurisdiction do not have these four resources available to them and are not able to follow best practice due to lack of those resources at the local level. Many communities, and the courts that serve them, also do not have adequate resources to establish a therapeutic court in compliance with RC'W 2.30.030. Therefore, due to the absence of any intermediate alternative, most courts of limited jurisdiction are not able to use any type of coordinated therapeutic approach for early intervention or for cases that are not eligible for a therapeutic court. ' King County collects $138,000,000 dollars per biennium from this tax and King County cities with municipal courts receive none of that money. ' RC'w 2.30.010(2) 4 RC;w 2.30.01�2) 17 Without outside financial support, local communities cannot afford to adequately address the behavioral health issues that are causing individual suffering and adverse community r t, ry ,,,, art,µally fiµ a financial indent- t0 rmpaet.I. 1 he current lack o1 outsidde support impose a minimal sentence that does nothing to address the underlying cause of criminal behavior. Local jurisdictions without resources are left with nothing more than hope that the affected person will get needed help in another jurisdiction with more resources. In addition, a coordinated community -based approach that maximizes the use of resources is more likely if communities have access to Sequential Intercept Mapping. This coordinated approach will then allow all courts and communities the opportunity to address underlying causes before and, if needed, after the condition or criminal behavior gets out of control. Organizing and maximizing existing resources and providing missing resources will ultimately make it easier for local courts to use therapeutic intervention in all applicable Intercepts; 2, 3 and 5. 10. Conclusion r, t i 1 .7;€ 1` t ='l„'f tjNe of jud;Cial intPy--wPntion is most effective 1-N,ea.jonaUle minds can Ul[ll.r au V'tiL Vv „c:.� and the needs of communities will vary, but the common denominator is that courts need state funding for resources that allow for the proper use of therapeutic techniques throughout all intercepts or approaches. Examples of resources that are universally useful in all intercepts include: a. Sequential Intercept Mapping services; b. Training for court personnel, attorneys, judges, and probation; c. Proper uniform screening tools; d. lrmnediate onsite evaluations with court -based clinicians; e. Peer navigators to be used for "warm hand-offs"; f. Case managers; g. Court coordinators; h. Social workers. Courts could also be encouraged to share resources under RCW 2_30.050. Example: One court -based clinician could. be available at different courts on different days. 2. Intercept 2: Increase the availability and use of crisis centers that could be used in. conjunction with court pre-trial release programs and catch and release programs authorized by courts; Intercept 4: Currently, federal and state law provides that medical insurance be suspended when someone goes to jail. We need to amend the law to provide an exception that allows government entities and private treatment agencies to form public/private partnerships for therapeutic detention centers. The same insurance carrier that would cover the treatment if the justice -involved individual were out of custody could then pay for treatment if it is offered in an approved specialty detention center. There could also be attempts to inspire the philanthropic HE community to help fund specialty detention centers that would be more like hospitals that someone cannot leave than a jail that provides treatment; 4. Intercept 5: Provide for better coordination of probationservices among jurisdictions so affected individuals with multiple cases can be monitored in one probation department that reports to multiple courts. Specialty behavioral health probation units could be formed to serve a consortium of cities and counties; Intercept 5: Use of the two-year college system for referrals of justice -involved individuals from courts can be beneficial for education, training, and employment, but such referrals could be used for the dual purpose of providing a clinical experience for students seeking a career in social services or behavioral health. The clinical experience could also be offered in the court setting in coordination with the schools, treatment providers, and/or social workers. a. Retailers could also collaborate with the college system to provide needed education regarding the impacts of retail theft and other crimes. 19 WnSHINGTON COURTS ADMINISTRATIVE OFFICE OF THE COURTS Dawn Marie Rubio, J.D. State Court Administrator THERAPEUTIC COURT GRANT APPLICATION GUIDELINES, RECOMMENDATIONS, AND CHECKLIST ESB 5476 has mandated that AOC allocate funding based upon a distribution methodology that will split funds equitably between those therapeutic courts located "east of the crest of the Cascade mountains and those therapeutic courts located west of the crest of the Cascade mountains." Local jurisdictions that receive funding must use those funds to identify individuals before the courts with substance use disorders or other behavioral health needs, and engage those individuals with community -based therapeutic interventions. In order to ensure that these qualifications are met, AOC has created an application to gather information from interested courts. Along with the information provided in the application, AOC will use a tiered structure to make decisions on how funding will be distributed. Courts who are requesting funding to establish a new therapeutic program will be given priority. Courts who are requesting funding to expand their therapeutic program will be the second priority, followed by courts who are requesting funding to maintain a therapeutic program. When grant applications are received at the AOC, they will undergo a preliminary technical screening to ensure that all required application documents are included and filled out correctly. This review is not a policy or approval review. Applications that pass this initial screening are forwarded to the Therapeutic Grant Application Review Workgroup (Workgroup) for funding evaluation. Applications / applicants that do not pass this initial technical screening will not be accepted for Workgroup evaluation. They will be immediately notified by Stephanie Oyler via return email, along with a list of what needs to be corrected or included. To help ensure that your application passes the initial screening and is expedited for Workgroup evaluation, please use the following checklist as a guideline for completing your application: ❑ Are all questions on your application form completed? If additional space is needed, please feel free to add pages to your application. The more descriptive and detailed you can be in supporting your request, the better. NOTE: Multiple jurisdictions served by a single municipal court or district court may apply for funds as a single entity. ❑ Funding requests must identify how funds will be used to identify individuals with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic intervention. It is expected recipients of the grant funding will be audited by both state and federal auditors and the explicit connection to individuals with substance use disorders must be documented. NOTE: Funding is reserved for judge -included therapeutic court programs. Applications are limited to presiding judges and court administrators. ® AOC is committed to ensuring that every program receiving funding reflects the principles of diversity and inclusion. Does your funding request identify how your court's program will avoid discrimination and barriers to access? ❑ Does your funding request comply with evidence -based best practices for therapeutic courts? Funding requests that are inconsistent with evidence -based best practices will be denied. (Examples of evidence -based best practices: NADCP Drug Court Guidelines, BJA Mental Health Court Guidelines, and Family Treatment Court Best Practice Standards) STATE OF WASHINGTON 1206 QUINCE ST SE o P.O. Box 41170 Y Olympia, WA 98504-1170 360-753-3365 • 360-586-886956x a www.courts.wa.gov NOTE: ❑ Has your court taken the time to consider including medication -assisted treatment (MAT) in your program? AOC strongly encourages all applicants to read SAMSHA's guide to MAT, linked here. ❑ is your application form signed by your presiding judge and court administrator? ❑ Have you attached a budget grid to your application? ❑ Does your budget grid equal the total amount requested on your application form? ❑ Have you reported any funding for your court's therapeutic court program on your application and grid? ❑ AOC will require that recipients submit quarterly reports detailing how funding has been used and the impact that that funding has had on your court. Have you documented the reporting measures you have in place to ensure you're accurately able to report information to AOC? If you have questions or need assistance, please contact Stephanie Oyler, DMCJA Court Association Coordinator, at Stephanie. Oylercourts.wa.gov or 360-690-0901. STATE OF WASHINGTON 1206 QUINCE ST SE • P.O. Box 41170 • Olympia, WA 98504-1170 360-753-3365 • 360-586-8869ifx • ..courts.wa.gov 22 COUNCIL MEETING DATE: September 21, 2021 ITEM #: _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CDBG-CV2 CONTRACT WITH WA STATE DEPARTMENT OF COMMERCE POLICY QUESTION: Should the City enter into an agreement with the Washington State Department of Commerce to accept grant funds totaling $224,366.00 to fund projects with Catholic Community Services and the Multi -Service Center to provide rent assistance to households impacted by COVID-19? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: September 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing F— City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bndgeford, Community Services Manama DEPT: Community Development Attachments: 1. Staff Report 2. Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYORAPPROVAL: COMMITTEE RECOMMENDATION: `I move to forward the proposed Agreement to the September 21, 2021, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " (BELOW To BE COMPLETED BY GTY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Firat reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE# REVISED- I2019 RESOLUTION # 23 CITY OF FEDERAL WAY MEMORANDUM DATE: August 25, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager SUBJECT: CDBG-CV2 Contract with WA State Department of Commerce Financial Impacts: This item was not included within the approved budget. As proposed, the rent assistance projects will be funded by a grant from the Department of Commerce in the amount of $224,366.00. These funds are through the Community Development Block Grant (CDBG) program, funded by the CARES Act for coronavirus relief. Upon completion of the project, future costs will be minimal and be covered by existing staff due to ongoing costs associated with CDBG requirements for monitoring and record keeping. Background Information: In 2020, the City of Federal Way received two direct CDBG allocations recognized as CDBG-CV funds, specifically CDBG-CV 1 and CDBG-CV3 funds. The State of Washington also received a direct allocation of CDBG-CV2 funds. The Department of Commerce has made a portion of its allocation available to jurisdictions that directly received CDBG-CV funds. The funds were made available via a grant application for projects previously funded with the jurisdiction's CDBG-CV funds with a focus on rent assistance. The City was able to apply for these funds to expand two rent assistance projects funded with the City's CDBG- CV funds. The projects will provide assistance to low- and moderate -income households impacted financially by COVID-19. Catholic Community Services and the Multi -Service Center had previously applied for and were granted CDBG-CV funds to provide rent assistance to Federal Way residents impacted by COVID-19. As these projects received City CDBG-CV funds, they were eligible to be included in the application for Commerce CDBG-CV2 funds. Each of these projects will receive an equal amount of $112,183.00, half of the total grant amount. While the Commerce agreement indicates the funds must be expended by June 30, 2023, both Catholic Community Services and the Multi -Service Center intend to expend funds no later than March 31, 2022, as the need in the community warrants quicker deployment of the assistance to address housing stability. 24 Rev. 7/18 . . Washington State Department of Commerce Interagency Grant Agreement with For City of Federal Way through Community Development Block Grant Program CDBG — Coronavirus (CDBG-CV2) Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. Start date: 4/1/2021 25 TABLE OF CONTENTS Special Terms and Conditions 1. Definitions.............................................................................................................. 1 2. Authority.................................................................................................................1 3. Acknowledgement of Federal Funding........................................................1 4. Acquisition And Disposition Of Assets................................................................... 1 5. Audit.......................................................................................................................2 6. Billing Procedures and Payment............................................................................2 7. Closeout.................................................................................................................3 8. Compensation........................................................................................................ 3 9. Debarment............................................................................................................. 3 10. Environmental Review........................................................................................... 4 11. Indirect Costs.. ...................................................................................... 5 12. Grant Management................................................................................................5 13. Historical Or Cultural Artifar_.ts, Human Remains ................................ „ ,....,......... 5 14. Insurance .................... ......... ..................... ......... ......... ......... .................. 5 15. Laws.......................................................................................................................5 16. Performance Reporting.......................................................................................... 5 17. Program Income.....................................................................................................5 18. Prohibition on Certain Funds Transfers.................................................................6 19. Subcontractor Data Collection............................................................................... 6 20, Subcontracts for Engineering Services.................................................................. 6 21. Order of Precedence..............................................................................................6 General Terms and Conditions 1. Definitions............................................................................. 2. All Writings Contained Herein ............................................... 3. Amendments......................................................................... 4. Assignment........................................................................... 5. Confidentiality and Safeguarding of Information ................... 6. Copyright............................................................................... 7. Disputes................................................................................ 8. Governing Law and Venue ................................................... 9. Indemnification...................................................................... 10. Licensing, Accreditation and Registration ............................ 11. Recapture............................................................................. 12. Records Maintenance........................................................... 13. Savings................................................................................. 14. Severability ................ 7 ................ 7 ................ 7 15. ............................................................................................... Subcontracting.......................................................................................... 16. Survival..................................................................................................... 17. Termination for Cause.............................................................................. 18. Termination for Convenience.................................................................... 19. Termination Procedures........................................................................... 20. Treatment of Assets.................................................................................. 21. Waiver....................................................................................................... Attachment A, Scope of Work and Budget Attachment B, Letter to Incur Costs 7 7 8 8 8 8 9 9 9 9 9 ..... 10 ..... 10 ..... 10 ..... 10 26 FACE SHEET Contract Number: 20-6221C-151 Washington State Department of Commerce Local Government Division Community Assistance and Research Unit CDBG — Coronavirus (CDBG-CV2) 1. Grantee 2. Grantee Doing Business As (optional) City of Federal Way NA 33325 8th Avenue South Federal Way, WA 98003-6325 3. Grantee Representative 4. COMMERCE Representative Sarah Bridgeford, Community Services Manager Genny Matteson, Project Manager Address: Phone: 253-350-2863 Phone: (360) 725-3093 PO Box 42525 Email: sarah.bridgeford@cityoffederalway.com Fax: (360) 586-8440 1011 Plum Street SE genny.matteson@commerce.wa.gov Olympia, WA 98504 5. Grant Amount 6. Funding Source 7. Start Date S. End Date $224,366 Federal: ® State: ❑ Other: ❑ N/A: ❑ 4/1/2021 6/30/2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number: Indirect Rate (if applicable): $224,366 U.S. Department of Housing 14.228 N/A And Urban Development (HUD) IO. Tax ID # 11- SWV # 12. UBI # 13. DUNS # 91-1462550 SWV0015957-00 601-223-538 612509901 14. Grant Purpose Activities to prevent, prepare for, and respond to coronavirus in partnership with local service providers. A full description of the project is in Attachment "A" Scope of Work and Budget. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and Attachments and have executed this Grant on the date below to start as of the date and year referenced above and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Grant are governed by this Grant and the following documents hereby incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work and Budget, Attachment "B" — Letter to Incur Costs (if applicable), and the following documents incorporated herein by reference: Grantee's application for funding and the Community Development Block Grant policies and procedures, prepared by Commerce. FOR GRANTEE FOR COMMERCE Mark K. Barkley, Assistant Director The Honorable Mayor Jim Ferrell, Mayor City of Federal Way Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 07/17/2019. APPROVAL ON FILE. 27 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS '. DEFINITIONS A. "Contractor" and "Grantee" in this Grant, and the term "subrecipient" found in the federal Community Development Block Grant (CDBG) rules and regulations, shall mean the same. B. Community Development Block Grant — Coronavirus Response (CDBG-CV) grants are funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. C. "Low- and moderate -income" shall mean a household income equal to or less than 80 percent of area median income adjusted by family size. D. "Subgrantee/Subcontract' shall mean one not in the employment of the Grantee, who is performing all or part of those services under this Grant under a separate Grant with the Grantee. The terms "subgrantee" and "subcontractors" mean subcontractor(s) in any tier. E. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass - through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. 2. AUTHORITY COMMERCE and Grantee enter into this Grant pursuant to the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RC;W. 3. ACKNOWLEDGMENT OF FEDERAL FUNDS Federal Award Date: February 11, 2021 Federal Award Identification Number (FAIN): B-20-DW-53-0001 Total amount of the federal award: $38,217,218 Awarding official: John W. Peters, HUD CPD Director The Grantee agrees that any publications (written, visual, or sound) but excluding press releases, newsletters, and issue analyses, issued by the Grantee describing programs or projects funded in whole or in part with federal funds under this Contract, shall contain the following statements: "This project was supported by Grant No. B-20-DW-53-0001 awarded by the U.S. Department of Housing and Urban Development (HUD). Points of view in this document are those of the author and do not necessarily represent the official position or policies of HUD. Grant funds are administered by the Community Development Block Grant Program, Washington State Department of Commerce". 4. ACQUISITION AND DISPOSITION OF ASSETS The Grantee will account for any tangible personal property acquired or improved with this Grant The use and disposition of real property and equipment under this Grant will be in compliance with the requirements of all applicable federal law and regulation, including but not limited to 24 CFR Part 84 and 24 CFR Part 570.489,570.502,570.503,570.504, and 570.505 as applicable, which include.but are not limited to the following: Real property that was acquired or improved, in whole or in part, with funds under this Grant in excess of $25,000 shall be used to meet one of the CDBG national objectives for ten (10) years after the Grant is closed. Any exception must be made with COMMERCE approval and the Grantee will be responsible to pay COMMERCE an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment from the disposition of real property acquired with this Grant within ten (10) years of closeout of the Grant shall be treated as CDBG Program Income. In cases in which equipment acquired in whole or in part with funds under this Grant is sold, the proceeds will be CDBG Program Income. State of Washington Interagency Grant Agreement Department of Commerce Page 1 28 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 5. AUDIT If the Grantee is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Grantee shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Grantee shall: A. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR 200.501, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor. B. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings. If the Grantee is a subrecipient and expends less than $750,000 in federal awards from any and/or ail sources in any fiscal year, the Grantee shall notify COMMERCE they did not meet the single audit requirement. The Grantee shall send all single audit documentation to auditreviewo_commerce.wa.gov. 6. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE Representative on a Washington State Invoice Voucher form not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number identified on the Face Sheet of this Grant. If expenses are invoiced, provide a detailed breakdown of each type. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant, including completion of the Environmental Review and the release of funds (if applicable). No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be made by COMMERCE. COMMERCE shall not release the final five (5) percent of the total grant amount until acceptance by COMMERCE of project completion. Invoices and End of Fiscal Year The grantee must invoice end of state fiscal year final invoices for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Commerce will provide notification of the end of fiscal year due date. Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Prevent Duplication of Benefit The CARES Act provides that there are adequate procedures in place to prevent any duplication of benefit as required by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254; 132 Stat. 3442). HUD requires each Grantee (and subrecipient) have procedures to prevent the duplication of benefits when it provides financial assistance with CDBG- CV funds. Federal disaster law prohibits the provision of federal assistance in excess of need. Before paying a cost with federal disaster assistance, the Grantee (and subrecipient) must check to see that the assistance will not cause a duplication of benefits, meaning that the cost has not or will not be paid State of Washington Interagency Grant Agreement Department of Commerce 29 Page 2 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERALFUNDS by another source. An person or emit (including subreci Tents' receiving CDBG-CV assistance must r Any Yt 9 p �-- 9 agree to repay assistance that is determined to be duplicative; and to assess whether the use of CDBG- CV funds will duplicate financial assistance already received or is likely to be received by acting reasonably, Grantees (and subrecipients) must have a method to evaluate need and the resources available to meet that need. Disallowed Costs The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors/subrecipient. 7. CLOSEOUT COMMERCE will advise the Grantee to initiate closeout procedures when there are no impediments to closing and the following criteria have been met or soon will be met: A. All costs have been incurred with the exception of closeout costs and any unsettled third -party claims against the Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The Grantee has held a public hearing to review program performance. C. The Grantee has submitted the Contract Closeout Report. Failure to submit a report will not preclude COMMERCE from effecting closeout if it is deemed to be in the state's interest. Any excess grant amount in the Grantee's possession shall be returned in the event of failure to finish or update the report. D. Other responsibilities of the Grantee under this Grant and applicable laws and regulations appear to have been carried out satisfactorily or there is no further state interest in keeping this Grant open for the purpose of securing performance. 9. COMPENSATION COMMERCE shall pay an amount not to exceed the amount identified on the Face Sheet of this Grant for the performance of all things necessary for or incidental to the performance of work as set forth in Attachment A, Scope of Work and Budget incorporated herein, and by reference the Grantee's application for funding. Grantee shall receive reimbursement for travel and other expenses as authorized in advance by COMMERCE as reimbursable. Grantee shall receive compensation for travel expenses at current state travel reimbursement rates 9. DEBARMENT A. Grantee, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this Grant, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and iv. Have not within a three-year period preceding the signing of this Grant had one or more public transactions (Federal, State, or local) terminated for cause of default. State of Washington Interagency Grant Agreement Department of Commerce Page 3 30 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS B. Where the Grantee is unable to certify to any of the statements in this Grant, the Grantee shall attach an explanation to this Grant. C. The Grantee agrees by signing this Grant that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by COMMERCE. D. The Grantee further agrees by signing this Grant that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS a. The lower tier Grantee certifies, by signing this Grant that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier Grantee is unable to certify to any of the statements in this Grant, such contractor shall attach an explanation to this Grant. E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact COMMERCE for assistance in obtaining a copy of these regulations. 10. ENVIRONMENTAL REVIEW General Purpose dousing Enhancement, and Economic Opportunity Grants Funding in excess of the amount stipulated in Attachment B, Letter to Incur Costs, shall not be released to a Grantee by COMMERCE until the following conditions implementing 24 CFR part 58 are met: A. The Grantee must complete an environmental review of the project and make a finding of environmental impact. A notice of this finding must be published along with a notice of the Grantee's intent to request release of funds for the project unless the project is exempt from the publication requirements as described. The Grantee must allow a seven (7) or fifteen (15) day period for public review and comment following publication of the notices unless exempt under the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). When this review and comment period expires, the Grantee may, after considering any comments received, submit a request for release of funds to COMMERCE. Upon receipt of the request, COMMERCE must allow a fifteen (15) day period for public review and comment. When COMMERCE's public review and comment period expires, COMMERCE may, after considering any comments received, formally notify the Grantee in writing of the release of federal funds for the project. B. This special condition is satisfied when the Grantee completes the environmental review and request for release of funds from COMMERCE. The special condition is effectively removed on the date COMMERCE provides the Grantee with written notice of release of funds. Microenterprise Assistance Planning -Only and Public Services Activities Funding shall not be released to a Planning -Only Activities or Public Services Activities recipient until the following conditions are met: The Grantee assures that assisted activities are exempt under NEPA (24 CFR 58.34) and categorically exempt under SEPA (RCW 43.21C.110). The Grantee further assures that the activities do not come under the purview of any other federal, state, and known local environmental laws, statutes, regulations or executive orders. In addition, the Grantee assures it will document, in writing, its determination that each activity or project is exempt and meets the conditions specified for such exemption under NEPA (24 CFR 58.34(3)) (for Planning -Only) or 58.34(4) (for Public Services) and (SEPA) WAC 197-11-800. State of Washington Interagency Grant Agreement Department of Commerce Page 4 31 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERALFUNDS 11. INDIRECT COSTS The Grantee shall provide their indirect cost rate that has been negotiated between their entity and the federal government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. 12. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 13. HISTORICAL OR CULTURAL ARTIFACTS HUMAN REMAINS In the event that historical or cultural artifacts are discovered at the project site during construction or rehabilitation, the Grantee shall immediately stop construction and notify the local historical preservation officer and the state historic preservation officer at the Department of Archaeology and Historic Preservation (DAHP) at (360) 586-3065. If human remains are discovered, the Grantee shall stop work, report the presence and location of the remains to the coroner and local law enforcement immediately, and contact DAHP and the concerned tribe's cultural staff or committee. 14. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 15. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, • Housing and Community Development (HCD) Act of 1974. • CDBG regulations in 24 CFR Part 570. • 2 CFR 200. • Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law PL 116-136. • Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for Community Development Block Grant Program Coronavirus Response Grant, Fiscal Year 2019 and 2020 Community Development Block Grants, and for other Formula Programs, Docket No. FR-6218-N-01. 16. PERFORMANCE REPORTING The Grantee, at such times and in such forms as COMMERCE may require, shall furnish periodic progress and performance reports pertaining to the activities undertaken pursuant to this Grant. These reports may include environmental review records, publication affidavits, procurement and contracting records, documentation of compliance with federal civil rights requirements, job creation records, program income reports, reports of the costs and obligations incurred in connection therewith, the final closeout report, and any other matters covered by this Grant. Activities funded by this Grant providing income -qualified direct assistance or direct services under the limited clientele, housing, or job creation CDBG National Objectives, must submit quarterly beneficiary reports as furnished by COMMERCE. Failure to submit these reports may result in COMMERCE withholding payment or terminating this Grant. 17. PROGRAM INCOME Program income, as defined in 24 CFR 570.489(e), retains federal identity and will be used in accordance with CDBG-CV requirements. The Grantee must maintain records of program income received and expended, and annually report program income received after closeout of this Grant. State of Washington Interagency Grant Agreement Department of Commerce Page 5 32 SPECIAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERALFUNDS Program Income shall be used to continue the same activities to benefit low- and moderate -income persons or, with COMMERCE approval, for other activities to benefit low- and moderate -income persons. Interest earned in excess of $100 on CDBG funds received to reimburse incurred costs must be remitted to COMMERCE for return to the U.S. Treasury. 18. PROHIBITION ON CERTAIN FUNDS TRANSFERS The Grantee that directly or indirectly receives CDBG-CV funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal consideration, but must use such funds for activities eligible under title I of the HCD Act or permitted by waiver and alternative requirements that apply to the use of CDBG-CV funds. 19. SUBCONTRACTOR DATA COLLECTION Grantee will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority - owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 20. SUBCONTRACTS FOR ENGINEERING SERVICES Engineering firms must certify that they are authorized to do business in the state of Washington and are in full compliance with the requirements of the Board of Professional Registration. The Grantee shall require that engineering services providers be covered by errors and omissions insurance. The engineering firm shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the engineering firm and licensed staff employed or under contract to the engineering firm. The state of Washington, its agents, officers, and employees need not be named as additional insureds under this policy. 21. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work and Budget • Attachment B — Letter to Incur Cost, if applicable • Grantee's application for funding and the Community Development Block Grant policies and procedures, prepared by Commerce as incorporated by reference on the Face Sheet State of Washington Interagency Grant Agreement Department of Commerce 33 Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS ?. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Grant" or "Agreement" means the entire written agreement between COMMERCE and the Grantee, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this Grant shall be the same as delivery of an original. D. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the Grantee. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subgrantee/Subcontract" shall mean one not in the employment of the Grant, who is performing all or part of those services under this Grant under a separate Grant with the Contractor. The terms 1.subgrantee" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Grant, work thereunder, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Grantee by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Grantee that is designated as "confidential" by COMMERCE; and III. All personal information in the possession of the Grantee that may not be disclosed under state or federal law. B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Grantee shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Grantee shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The State of Washington Interagency Grant Agreement Department of Commerce Page 7 34 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS Grantee shall make the changes within the time period specified by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Grantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and represents that the Grantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grantee, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING ACCREDITATION AND REGISTRATION The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Grant. State of Washington Interagency Grant Agreement Department of Commerce Page 8 35 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 1 i. RECAPTURE in the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Grantee of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grantee. 12. RECORDS MAINTENANCE The Grantee shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grantee. The Grantee shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may suspend or terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 15. SUBGRANTING/SUBCONTRACTING The Grantee may only subcontract work contemplated under this Grant if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Grant; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subgrantee to follow all applicable terms of this Grant. The Grantee is responsible to COMMERCE if the Subgrantee fails to comply with any applicable term or condition of this Grant. The Grantee shall appropriately monitor the activities of the Subgrantee to assure fiscal conditions of this grant. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subgrantee's performance of the subcontract. State of Washington Interagency Grant Agreement Department of Commerce 36 Page 9 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS 16. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grantee shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Grantee has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the Grantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the Grantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are in addition to any other rights and remedies provided by law. 16. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this contract, may require the Grantee to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Grantee the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Grantee and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the Grantee such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Grantee shall: A. Stop work under the Grant on the date, and to the extent specified, in the notice; D. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; State of Washington Interagency Grant Agreement Department of Commerce 37 Page 10 GENERAL TERMS AND CONDITIONS INTERAGENCY GRANT AGREEMENT FEDERAL FUNDS C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Grantee under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subg rants/subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the tection and preservation vatioi i� o` the property related to this 'ran', ai it, VvhiC h is in t the �as�sSiUt i of the pr N N N� Y possession - - Grantee and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Grantee, for the cost of which the Grantee is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the Grantee. Title to other property, the cost of which is reimbursable to the Grantee under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Grantee shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. D. The Grantee shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Grantee shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant. All reference to the Grantee under this clause shall also include Grantee's employees, agents or Subgrantees/Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Grant Agreement Department of Commerce 38 Page 11 El E a, c a o O a E co Q- � 'Z C N ro u = 0 } = +� > v V r > = u am Q + v f0 C �a"i �,_, c a x iO c a � � � E L O � *„ 1r Q• Q c � Q a � � v U m r-I U � O >•• '> N "O d G Z N 1E Q m Q1 •— j 11 en Q) M M aO iv uo o ca= u, ° O O E o O >z 00 co L u O- Q d O N +, ` N +� Ln U N +, J y N C u O - C O a+ en N ` p ro Q Q "O 4! Q d •� E O1 C 40 C v�i C > C N +N co O LL a`)w aJ Q c_ m U 7 m (O N r m C U cr > CL U_ Q 4l p O y Q o N E ) Q Q Q c v L u O = u C n u O = v - -0 _0 -Q C l" pn > C- en N u of L O N Q Y n VI cu U g 9 V \ C N 4! VI > 4 H N d E C C M ® U 4! 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C Y VI -� Q_ Q) ® O 0 'Q c� c N E U CO U Q Q OJ Yap U F— hO = F— W ,- N 39 In a) m C c O u C L w L r0 of L o.a`)N n O O 7 co O O 0 aJ o `; m O C O L o co X > A O •� .� Q a o O 1Ln a)i co aaCL Q L v U CLOco � c a) > roc O 41 _ Q O + C ro E E ro p •� 00 C ro a) u Q ro O L ro r4 Ur '� .O EE O �i �' L "p m I CL L U U u Q a u ..p = a1 ro o-' 0 aJ oA ro •M +I rn LL L a1 7 v I 7 w 'gyp T o0 > 7 0 O+ f0 00 I m ro w O L Q •'' C a1 .� ++ ° U C E O ro 0 ro u u - 3 ro aJ U E Q D C OL u j=+ O u 2 u .� O "0 00 ro L p ro 0 H O 2 "0 aJ a) + to ro ti4 I v m rn c v U to ro v ro E C o Q v v .0 > C7 N -0 c > O 'Q p U aJ ro — L1 N Ul A :t r . U ro co u CL p" 0 Ul u� a1 roaJ C C p i Q E -Cu C Q E', � Q O "0 O L - C p0 00 L1 'n "p •� N +� 0 aJ WC,C y c u ro ro ro dA U C wro O O_ 'N .> L > o r° 3 o f o 1 c o I a, O L L O L L L L L C a) of OD U C U V aJ N Q v O 7 'C O o Z3 !_' L u _� �n � � p � 0- — •u � � aJ OD a.+ N of > ro ro a) `- c .co E N Z O E c o° °A o v C c i Y> Q v c v y E— c U �, U 10 ro p r�I p L L N> O 7 L ro •L O O� ro 7> C +J I N L •� E A I� E I oA N ro � �_+ O u Q ro � v— U N C S2 U Q O •= ate.. Q U •� O {2 N O— to C7 a) O' aJ U 7 E C 2> ro a) — r° N U 'Q 3 '� Q C O a) C r0 U N a) +, U �, ro co a a o acn an v- o O a L 's > E o Q Z O w v E E: o O , ro E > .� a •� o p 0 u U .n Q U rn rco u 3 c in U Q_ . . . . . . . . . . . rco . . to m M N N +� N N N u ++ C 0 N -0 M )a 0 H 40 Attachment B 0 R, STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-4000 June 22, 2021 The Honorable Jim Ferrell, Mayor City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Dear Mayor Ferrell: I am pleased to inform you that Commerce has awarded the City of Federal Way up to $224,366 in federal Community Development Block Grant - Coronavims (CDBG-CV) funds. This award is based on the jurisdiction's CDBG-CV2 application for activities to prevent, prepare for, and respond to coronavims in partnership with local service providers. Prior to grant contract execution, this letter allows you to begin incurring costs not to exceed ten percent of your award as of April 1, 2021, for only the following activities: • Administration including documented staffing, travel and training e Pre -application costs, such as public hearing notices and documented staffing and time for CDBG-CV2 consortium communication and application • Review of environmental laws and authorities, including Section 106 of the National Historic preservation Act of 1996 e Preliminary engineering design work and consultations needed for the environmental review e Subrecipient agreements or professional service contracts for any of the above activities A CDBG subrecipient agreement, for use if you pass these funds through to a local entity or service provider to implement the grant, is available in Section 18 of the CDBG Management Handbook, which is available electronically at www.commerce.wa.gov/cdbg and here. 41 Attachment B The Honorable Mayor Jim Ferrell June 22, 2021 Page 2 CDBG procurement requirements must be followed before hiring professional services or contractors to be funded by this CDBG award. These requirements are in Sections 5 and 7 of the CDBG Management Handbook. CDBG-specific compliance with the National Environmental Policy Act (NEPA) must be completed before any choice limiting action can occur. These procedures are described in Section 6 of the CDBG Management Handbook. Eligible costs will be reimbursed by Commerce after your grant contract with Commerce is executed and the NEPA environmental review is complete (see enclosure for further explanation). All costs to be reimbursed must comply with applicable state and federal requirements. Additional CDBG-CV2 implementation guidance is available on the CDBG-CV website here and forthcoming. The jurisdiction must have an active and unexpired Dun and Bradstreet Numbering System (DUNS) in the System for Award Management (SAM) to avoid delays in the disbursement of funds. Grantees are required to maintain an active SAM registration for the duration of their contract by re -activating their DUNS number annually at the following website: https://www.sam.gov/SAM/. If your project is not ready to proceed, resulting in the contract's execution being delayed over 90 days from the date of this letter, the CDBG-CV2 award may be rescinded. Your contract manager will be contacting you to develop the grant contract. Until then, if you have any questions, please contact Kaaren Roe at 360.725.3018 or kaaren.roeAcommerce.wa. oovv. I congratulate you and others for your efforts thus far. We look forward to working with you to address the impacts of COVID-19 in your communities. Sincerely, e� Mark K. Barkley Assistant Director 42 COUNCIL MEETING DATE:. September 21, 2021 ITEM #: _—....... __.—....—_.__.....— —_........_....— CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lease agreement between Twin Lakes Plaza, LLC and The City of Federal Way for the Twin Lakes Substation. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) enter into a lease agreement with Twin Lakes Plaza, LLC for a FWPD Twin Lakes Substation for $655 per month? COMMITTEE: PRHSPSC MEETING DATE: Sept. 14, , 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Raymond Bunk, Commander DEFT: Police Department Attachments: 1. Staff Memo 2. Lease Agreement between Twin Lakes Plaza, LLC and the City of Federal Way Options Considered: 1. Accept the proposed Lease Agreement. 2. Reject the proposed Lease Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option I. MAYOR APPROVAL: 0,Z9 4 L .-7- !IRECTOR APPROVAL:. 7�tf COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the September 21, 2021 consent agendafor approval. Committee Member Committee Member Committee Chair PROPOSED COUNCIL MOTION: I move approval of the proposed agreement and authorize Mayor Ferrell to execute said agreement. tBFLOW To BE COMPLETED BY CITYCLERES OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED I'T reading ❑ TABLED(DEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordlnanren arty) ORDINANCE REVISED —08/122010 RESOLUTION 4 43 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Lease Agreement between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: Twin Lakes Plaza, LLC will be charging $655 per month ($7,860 per year) to lease this space. This will be paid out of the 001-2100-111-521-34-452 fund. There are no other additional planned or expected costs. Background Information: Since 2019, there has been an agreement between Twin Lakes Plaza, LLC and the City of Federal Way for the use of office space, identified as the Twin Lakes Substation, by the Federal Way Police Department. This space is utilized by the Patrol Division, as well as other officers for various police related matters. Twin Lakes Plaza, LLC will provide the secure office space for $655 a month and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues around the Twin Lakes area. The term of this MOU is from May 1, 2021 through June 30, 2023. 44 LEASE AGREEMENT BETWEEN TWIN LAKES PLAZA, LLC AND THE CITY OF FEDERAL WAY THIS AGREEMENT ("Agreement") made this 23`d day of June, 2021 by and between TWIN LAKES PLAZA, LLC, a Washington Limited Liability Company hereinafter referred to as "Lessor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Lessee." WHEREAS, Lessor is the owner of certain real property that includes office space containing fixtures and equipment located at 3420 SW 320th Street, Suite B-2, Federal Way, Washington 98023 (the "Property"); and WHEREAS, the City's Police Department has been using office space at the Property as a neighborhood substation; and WHEREAS, Lessee believes that the property will continue to be sufficient to accommodate a neighborhood substation on the Property; and WHEREAS, Lessor has agreed to permit Lessee to continue to use the Property for such police office use subject to certain conditions; and WHEREAS, Lessee desires to continue to use the Property, subject to the terms and conditions provided for herein. NOW THEREFORE, address for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinafter outlined, the parties agree as follows: 1. Lessor hereby grants to Lessee a temporary, non -perpetual, exclusive license (the "Lease") to occupy and use a portion of the Property, located at 3420 SW 320th Street, Suite B-2, Federal Way, Washington 98023, for use as a substation of the Federal Way Police Department. 45 Lessee's use of the Property shall be in compliance with any and all conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance with all applicable laws, statutes, and governmental rules and regulations. This Property will be used by Lessee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Lessee shall pay Lessor rent in the amount of Six Hundred Fifty -Five and NO/100 Dollars ($655.00) on a monthly basis commencing May 1, 2021. 3. Lessor agrees to pay all electric utilities associated with the lighting and/or heating of the Property during the term of this Agreement. 4. Lessor hereby grants to Lessee the exclusive right and privilege to use the Property. Lessee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Lessor's use of the Property and/or any adjacent property. In addition, Lessee agrees that the property will be available to Lessor with 24 hours' notice to Lessee for the purpose of maintenance. 5. The License Term which shall be limited to the days commencing May 1, 2021 and ending on June 30, 2023. 6. Notwithstanding anything contained herein to the contrary, either party may terminate this agreement early for any reason with thirty (30) days' written notice to the other party. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on June 30, 2023, Lessee shall quietly and peaceably surrender the Lessor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Lessor's Property in as good condition as such Property was in at the time of Lessee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms OR that govern Lessee's removal obligations and indemnification obligations, as well as this survival provision, will survive termination or expiration of this Agreement. 7. Lessee agrees to defend and to indemnify and hold Lessor, its parent, subsidiaries, affiliates, and Its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, Including reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Lessee's use of the Property as a police substation and from any of Lessee's police activities conducted on the Property. The Lessor agrees to release indemnify, defend, and hold the Lessee, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the Lessee's sole negligence. Lessor is responsible for maintaining the Property, including common areas, in a safe condition for commercial use and Lessee's indemnification does not cover Lessor's legal duties as a landlord and property owner. 8. During the Term hereof, Lessee shall have in full force and effect commercial general liability Insurance with respect to Lessee's use of the Property and the activities and operations of Lessee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million and NO/Dollars ($1,000,000.00) per occurrence. Two Million and NO/Dollar ($2,000,000) general aggregate. A certificate of insurance shall be delivered to Lessor evidencing the coverage required herein prior to commencing any activity on the Property. Lessee 47 shall include Lessor and Lessor's property manager, Power Property Consultants, Inc., as additional insureds on the policy. 9. Lessee may not assign its rights hereunder without first obtaining Lessor's approval, which may be granted or withheld in Lessor's sole discretion. 10. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 11. Lessee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 12. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand -delivered or sent by mail, return receipt requested and addressed to the parties as follows: LICENS®Re Twin Lakes Plaza, LLC. c/o Puget Sound Commercial 33919 9th Ave S, #105 Federal Way, WA 98003 Attn: Courtland Pixton Tel: 253-838-4100 LICENSEE: Federal Way Police Department Attention: Commander Raymond Bunk 33325 8th Ave S Federal Way, WA 98003 Tel. 253-835-6746 13. The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 14. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 15. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 16. Lessee has Inspected the Property and accepts the space in its current state "as -is." Lessee, at Lessee's sole cost, will be responsible for any improvements, repairs and maintenance in the Property during their tenancy. 17. Lessee, at Lessee's sole cost, may install signage. Lessor will review and approve signage and proposed location prior to signage Installation. At the end of the tenancy, whether by natural or early termination, Lessee, at Lessee's sole cost, will have the signage removed and the impacted area returned to its condition prior to signage installation. 18. Lessee is granted a non-exclusive license to use the designated parking areas for police vehicles on the Property for the use of motor vehicles during the term of this Agreement. Lessor reserves the right at any time to grant similar non-exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants and lessor. The Parties agree that two parking stalls, the selection of which is 49 to be mutually agreed upon by the Lessor and the Lessee, will be designated as police use only. These stalls will be located for maximum visibility to the adjacent streets and transit center and may have a marked patrol car present at certain times to deter criminal activity. Any and all costs associated with markings or signage for these designated spaces will be borne by the Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed this agreement as of the date and year first set forth above. I IIF.Xy �I ryA [911kiffeff's ERAL WAY- ATTEST: Jim Ferrell, Mayor ►'' Courtlao BVWon, President STATE OF WASHINGTON ) Stephanie Courtney, CIVIC, City Clerk ss. COUNTY OF , c On this day personally appeared _before me l i ��i; to me known to be the 4A r � �1 of I��)lo k6e;� that executed the foregoing in rument, alid acknowledged the said instrument to be the free and voluntary act and 50 deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this 1 r'y1 day of _ Ld 92021. is signature is printed name t Notary Public in and for the tate of Washington. My commission expires 51 52 COUNCIL MEETING DATE: September 21, 2021 ITEM N: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS POLICY QUESTION: Should the Police Department enter into an interlocal agreement with Federal Way Public Schools for the school resource officer program? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: Sept 14, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing N City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Casey Jones Commander DEPT: Police Attachments: 1. Staff Report 2. Interlocal agreement Options Considered: 1. Approve the proposed interlocal agreement and authorize execution of the agreement. 2. Do not approve the proposed interlocal agreement and provide direction to staff. COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the September 21, 2021, City Council Business agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '7 move to approve the proposed interlocal agreement and authorize the Mayor to execute said agreement. " (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCILBILL4 ❑ DENIED First reading ❑ TABLED/DEFERREDNO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE N REVISED-12=7 RESOLUTION M 53 CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, (Mayor FROM: Case LJo=s,-- er SUBJECT: Interlocal agreement between City of Federal Way and Federal Way Public Schools for School Resource Officers Background Information: The Federal `v`v ay Police DeparLtMent has partnered with Federal `vy 17 Public Schools to provide school resource officers since 1997. This interlocal agreement would provide four (4) school resource officers (SROs), one at each of the main high schools in the District. Representing Federal Way PD and law enforcement in general, SROs must embrace the opportunities to positively interact with youth. They focus on keeping students out of the criminal justice system when possible and should not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. SROs must be fluent in current social and law -enforcement issues that impact schools, students, and youth. Current legislation limits the length of SRO contracts to one year. The legislation also places certain training requirements upon SROs. The training includes the following: Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; Child and adolescent development; Trauma -informed approaches to working with youth; Recognizing and responding to youth mental health issues; Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities; Collateral consequences of arrest, referral for prosecution, and court involvement; Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; Local and national disparities in the use of force and arrests of children; De-escalation techniques when working with youth or groups of youth; State law regarding restraint and isolation in schools; Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learners, LGBTQ, and immigrants; and the Federal Family Educational Rights and Privacy Act requirements including limits on access to and dissemination of student records for non -educational purposes. Rev. 7/18 54 Proposal This proposed interlocal agreement (ILA) would be for one (1) year - the 2021 to 2022 school year and would provide four (4) officers to the schools. One officer would be assigned to each of the main high schools. Per the ILA, the District would compensate the City calculated as the number of officers multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents the ratio of 182 days worked under this contract to the total of 250 days worked annually by an officer). Adjustments to this calculation may change based on reduced officer deployment or increased labor costs paid by the City due to labor agreements or other required changes in officer compensation. The current salaries are between $89,634 and $104,810.88 but depend upon the officer's specific pay scale. At 73.09% the District would be compensating the City between $65,513.49 and $76,606.27 per officer salary, approximately. Rev. 7/18 55 CITY OF CITY HALL 33325 8th Avenue South .!JS� Federal Way Federal Way, VVA 98003-6325 (253) 835-7000 t,Avty cityoffederait-vay corn INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL. DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS This Inter -local Agreement ("Agreement") is made and entered into this 1" day of September 2021, by and between the City of Federal Way, a Washington municipal corporation ("City"), and Federal Way Public Schools number 210, ("District"). The City and District (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: FEDERAL WAY SCHOOL DISTRICT NO. 210: CITY OF FEDERAL WAY: Dr. Dani Pfeiffer, Superintendent Andy Hwang, Chief of Police 33330 gth Ave S 33325 8th Ave. S. Federal Way, WA 98003 Federal Way, WA 98003-6325 253) 945-2010 -tele hone 12J3-153 83 670 (telephone) (253) 945-2055 (facsimile) (253) 253-835-6739 (facsimile) pvangAfwps. org Lynette. allen(f cityoffederalway. com Pursuant to Chapters 39.34 and 28A.320 RCW, the City and District may enter into an agreement through their respective legislative bodies whereby the City will provide fully commissioned police officers to serve as School Resource Officers on District property pursuant to such terms as may be mutually agreed upon. It is considered necessary and desirable in the public interest that the City and District exercise the rights and privileges afforded by said statute. Therefore, it is mutually agreed by and between the City and District as follows: 1. Definitions. The following definitions shall apply to this Agreement: 1.1 City. - The City of Federal Way. 1.2 District. - Federal Way Public Schools. 1.3 School Resource Officer ("SRO"). - A commissioned law enforcement officer in the State of Washington with sworn authority to make arrests, deployed in community -oriented policing, and assigned by the employing police department to work in schools to build positive relationships with students and to address crime and disorder problems, gangs, and drug activities affecting or occurring in or around K-12 schools. School resource officers should focus on keeping students out of the criminal justice system when possible and should not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. The SRO assignment at the school campuses is the equivalent of a 0.7309 full-time police officer with the remainder, 0.2691, to be assigned at the discretion of the Department. Adjustments to this staffing allocation may be made if mutually agreed upon between the District and the City. 1.4 School Campus. - The school buildings and all parking lots or outside common areas adjacent to school buildings. SRO INTERLOCAL -1- 6/2021 56 CITY OF CITY HALL Ilk I 33325 8th Avenue South Federal Wa Federal Way, WA 98003-6325 Mv,._a (253) 835-7000 ,vA^✓w cityoffederaliatay corn 1.5 Department. - The Federal Way Police Department, City of Federal Way. 1.6 School Year. - One hundred eighty (180) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty-two (182) days between the months of August and June. The preparation day and the closing day shall be mutually agreed upon between the SRO and the building principal. The District "in-service training day" for the Security Department at the beginning of each school year is considered mandatory attendance for all SROs. 1.7 Annual Cost Letter. - A letter outlining the anticipated annual costs for services for the next school year is to be submitted by the City to the District in the month of February prior to the beginning of the school year. The anticipated costs will be calculated as the number of officers multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents the ratio of 182 days worked under this contract to the total of 250 days worked annually by an officer). Adjustments to this calculation may change based on reduced officer deployment or increased labor costs paid by the City due to labor agreements or other required changes in officer compensation. 1.8 Extra-dutyAssignments. - Extra -duty assignments include, but are not limited to, athletic games, dances, graduations, and other events that occur outside the normal school day as defined in Section 5, Hours of Work. 1.9 Daily Routine. - The daily routine includes assignment to various locations on/around the school campus or at various events. The daily routine does not include policies, procedures, guidelines, or work rules. 1.10 Overtime. - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Federal Way Police Officers Guild Contract. The District shall be billed for only school related overtime, which includes incidents that begin on the school grounds during the SRO's scheduled workday and continue into overtime. Overtime related to criminal incidents that do not involve the school will not be billed. 1.11 Sister Schools. - This philosophy shall provide continuity of staffing during absences as described in Section 3.3. Decatur and Todd Beamer SRO's will provide coverage for each other, as will Federal Way and Thomas Jefferson. Truman will be supported as needed by the nearest available SRO. 1.12 Unscheduled absence. - An unscheduled absence is defined as the Federal Way Police Department being notified of an absence by an assigned SRO less than twenty-four (24) hours prior to the scheduled shift. 2. Purpose. It is the intent of the Parties that City police officers provide school campus security for the high schools. An SRO will be assigned to the following high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. School resource officers (SRO) visitors in our schools. SROs attend to the safety and security needs of staff, students, and are assigned to a designated high school but also respond to SRO INTERLOCAL 57 - 2 - 6/2021 CITY OF Federal CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 awe ✓w<cityoffederalmlgv. con) requests for police services throughout the Federal Way Public Schools system. The primary responsibility of SROs is to protect students and school staff from harm. Representing Federal Way PD and law en vrcement in general, SROs must embrace the opportunities to positively interact with youth. They should focus on keeping students out of the criminal justice system when applicable and should not attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. SROs must be fluent in current social and law -enforcement issues that impact schools, students, and youth. SROs present crime prevention education, solve security and law enforcement problems, foster a cooperative working relationship with school district personnel and students, and are positive role models for youth. SROs attend school meetings and attend FWPD training sessions. The position also requires that SROs provide active -assailant training to school administrators, staff, faculty, and students — the current curriculum is Run, Hide, Fight. Interactions with students may be the most important job SROs perform. Formal and informal mentoring programs promote positive relationships between police and students, help at -risk youth make good choices, and improve school safety. These relationships develop over time because the officers are positive role models and are visible resources on campus. SROs should not be involved in administrative school issues unless requested by the school administration per their policies and procedures. 3. Gi I's Responsibilities. 3.1 SRO Assignment to the School Campus. Upon receipt of Notice from the District, the City agrees to assign a minimum of four SROs for a rotation of one school year. Four SROs will be assigned to the following high schools: Decatur, Federal Way, Thomas Jefferson, and Todd Beamer. Each of these four SRO's will be assigned a rotational on - call schedule to support Truman as needed. During the course of the year, if an additional SRO is available they will be assigned as a "relief' SRO to cover any SRO absences, to be present at Truman High School during lunch and dismissal time when possible, to assist with traffic patrol near schools, and to manage other projects as needed. The City will collaborate with the District to jointly determine a hiring and placement process. In the event of operational needs or other unforeseen circumstances, the City will assign replacement SROs. 3.2 Required Annual Training. The City will work with the District to ensure all SROs are trained to meet legislative requirements before assignment. The following training shall be completed by all SROs on an annual basis: a) Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools; b) Child and adolescent development; c) Trauma -informed approaches to working with youth; d) Recognizing and responding to youth mental health issues; e) Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities; SRO INTERLOCAL 58 - 3 - 6/2021 CITY HALL CITY OF 33325 8th Avenue South Federal Way, VVA 98003-6325 Federal Wa (253) 835-7000 mvw,cttyoffederafwaycom f) Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learner, LGBTQ, immigrant, female, and nonbinary students; g) Local and national disparities in the use of force and arrests of children; h) Collateral consequences of arrest, referral for prosecution, and court involvement; i) Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement; j) De-escalation techniques when working with youth or groups of youth; k) State law regarding restraint and isolation in schools, including RCW 28A.600.485; 1) The federal family educational rights and privacy act (20 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for noneducational purposes. 3.3 Performance Evaluations Discipline Assignment and Other Personnel Actions. The City will continue to evaluate the performance of the SROs, to administer discipline, to investigate allegations of misconduct, assign duties, and take any other personnel action in accordance with applicable City policies, guidelines, and/or collective bargaining agreement. The City will collaborate with the District to jointly determine a performance evaluation process that includes input from the District. 3.4 Complaints. Complaints by families or scholars may be filed with either the District or the City by contacting FWPS HR or the FWPD SRO supervisor. Complaints received by the District will be forwarded to the City. Complaints will be forwarded to the SRO supervisor, who will investigate per City policies, guidelines, and collective bargaining agreement. SRO supervisor will communicate in writing with District HR and complainant on the outcome of complaints within 30 days of receiving the complaint. 3.5 Staffin . For the 2021/2022 school year, the City provides four (4) school resource officers. a. For scheduled absences, City agrees to provide a full -day replacement for each day with the following exceptions: i. Each SRO shall attend one day of mandatory training provided by the City per month. Coverage during training shall be provided by the Relief SRO or under the "sister school" philosophy. During mandatory training, the City shall maintain a minimum of three (3) SROs. ii. The SRO may attend additional designated training approved by the City and with the agreement of the building principal. The Safety and Security Director will be notified as soon as practical. When training outside of the mandatory monthly training is approved, a minimum of three (3) SROs will be provided by the City. iii. The SROs may attend the professional learning opportunities offered by FWPS, especially in the areas of restorative practices, adverse childhood effects, positive behavior interventions, and cultural competency trainings. In the effort to more fully support the SRO district/school partnership, these trainings are focused on the strategic plan, the goals within the strategic plan, SRO INTERLOCAL 59 - 4 - 6/2021 CITY OF Federal CITY HALL 33325 8th Avenue Soutli Way Federal Way, WA 98003-6325 (253) 835-7000 wmv cityoffederaAroay com and initiatives supporting FWPS work. b. For unscheduled absences, the City shall maintain a minimum of three (3) SROs assigned within the District during school hours except during exigent circumstances, which include but are not limited to natural disasters, riots, or large-scale disturbances requiring Federal Way police officer's response. c. Absence for Other Duties and/or Training. Except as noted above, the City agrees to provide a replacement officer for the hours of absence in the event an SRO is absent more than four (4) hours for Department duties and/or training. d. SRO Selection. The District and the City will jointly determine the SRO selection process when a vacancy presents itself. e. During the course of the year, if the City allocates an additional officer to the SRO unit, the City would use the additional staffing as a relief SRO to fill in absences in support of a minimum of four (4) SROs. In the event the Relief SRO is already assigned to cover a building, or the position is unfilled, the resulting coverage will be provided as described in the "sister school" philosophy 3.6 Transport of Criminal Suspects. After an SRO arrests individuals or detains individuals suspectea of criminal activity, the SRO will normally remain on the school campus, and additional police officers will be dispatched to transport said individuals. The City, in its discretion, may require the SRO to leave the school campus and.transport the individuals. 3.7 Invoices. A. Regular SRO Work. The City will submit two invoices during the school year, one in January and one in June, for work performed. Each invoice represents work for 91 days, which equates to one-half of the school year. B. Extra -duty Assignments. The City will submit an invoice monthly for all work as a result of extra -duty assignments. The Parties understand that extra -duty assignments may create overtime charges. Extra duty assignments are understood to be sporting events, dances, and/or other after school events where support is requested by the District. C. Overtime. The City will submit an invoice monthly for all overtime worked. The City maintains responsibility to document overtime. Overtime shall not be charged for law enforcement work required beyond the normal SRO schedule when it is within the normal body of police investigations. 3.8 Annual Cost Letter. On or before February 0 of each year the City will provide the District Security Director an Annual Cost Letter estimating the anticipated annual costs for services for the next school year. 3.9 Uniform and Equipment. A. Uniforms. Normally SROs will be attired in police uniforms. However, either upon the request of the building principal or, if applicable, the Memorial Field Coordinator, other attire may be approved by the City for specific occasions. Dress down attire will maintain a professional image and may include bike uniforms or other activity SRO 1NTERLOCAL - 5 - 60 6/2021 CITY OF CITY HALL 33325 8th Avenue South Fe Federal Way. VVA 98003-6325 d e ra I Wa% "xJ,r (253) 835-7000 swnvuv cityoffederahvav com specific attire. B. Transportation. The City, in its discretion, may provide vehicles or other means of transportation for SROs. C. Radio Communications. The City will provide SROs with radios capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Cellular phones may be provided at the City's discretion. 3.10 Extra -duty Assignments. The City agrees to attempt to assign the extra -duty work to the SRO assigned to the particular school campus but will also attempt to reduce any overtime. 3.11 Data collection. The following data will be collected regarding calls for law enforcement service, including student arrest and referral for prosecution, offense type, race, gender, age, and students who have an individualized education program or plan developed under section 504 of the federal rehabilitation act of 1973. The City will submit on the last day of the month newly submitted incident reports to the district via of a secure data transfer protocol. The June report will be filed a week after the close of the school year. The FWPS Assessment department will compile the data and provide a summary based on the identified reporting indicators stated above. The data will be retained for three years. The District will then report this data to OSPI on an annual basis. 3.12 Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through the Washington State Patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the Federal Bureau of Investigation before hiring any employee who will have regularly scheduled unsupervised access to children in the School District's schools. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The City shall provide a copy of the record report to the applicant. When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the applicant has had a record check within the previous two years, the City may waive the requirement. 3.13 Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the City shall prohibit any employee of the City from working at a public school who has contact with children at a public school during the course of his/her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to SRO INTERLOCAL 61 - 6 - 6/2021 CITY OF Federal Wat, CITY HALL 33325 8th Avenue South Federal Way: WA 98003-6325 (253) 835-1000 bn✓4V CtiYU�2ClP.1 c'?jt4f3)I..Cp777 comply with this section shall be grounds for the School District to immediately terminate this Agreement. 4. District's Responsibilities. 4.1 District Request Removal of SRO. The District may request removal of an SRO for unsatisfactory performance or for incompatibility. All requests for removal must be predicated by consultation with the Chief of Police, must be in writing from the District's designee or the building principal of the school being served, and must be submitted to the Chief of Police. 4.2 Performance Comments. The District's designee will provide the City's SRO supervisor with performance comments and observations concerning the SRO after consultation with the building principal. The SRO supervisor is wholly responsible for the SROs' performance appraisal. However, the SRO supervisor will collaborate with the District to include District input in the performance appraisal. 4.3 Compensation. The rate for the SROs will adjust annually in accordance with the Police Department Guild Collective Bargaining Agreement. Upon receipt of an invoice, the District will reimburse the City within thirty days, exclusive of overtime and extra duty assignments costs. A. Annual Negotiation of Costs. After February 1St of each year, the District agrees to negotiate the compensation based upon the anticipated costs of services as set forth in the Annual Cost Letter in Section 3.6. B. Extra -duty assignments. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by a police officer. In the event that overtime is incurred, the District agrees to pay the overtime rate as defined in Section 1.10. C. New Positions. In the event the City and the District agree to establish additional SRO positions during the school year, the District will pay the proportionate amount based upon the actual days worked. D. Overtime. The District agrees to pay authorized overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. 4.4 Office Space/Equipment. A. The District will provide an office space, desk, dedicated phone line, voice mail, district and internet based electronic mail, and a computer. b) The District will provide access to private interview rooms. C. Generally, the school campus of the District will provide a site -based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities. In the event a site -based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. SRO INTERLOCAL 62 - 7 - 6/2021 CITY OF CITY HALL 33325 8th Avenue South �fFede, al Way Federal Way. WA 98003-6325 w (253) 835-7000 mvru crtvoffederalwov. corn 4.5 Extra -Duty Assignments. The District shall determine the need for extra -duty assignments. Should there be a need for an SRO, the District reserves the right to negotiate with the City for "extra -duty" police services as defined in Section 1.8. The District's first preference is that the SRO assigned to the school would also be assigned to the extra -duty assignments. When this is not possible, the extra duty assignments shall be offered in the following order of priority; first, to current SROs in the District, and second to other Department police officers. 4.6 Assignment of Daily Routine. The principal may request changes to the daily routine of the SRO, provided the assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable collective bargaining agreement. 4.7 Transport Students. The District will maintain the responsibility to transport students not involved in criminal activity. 4.8 Officer Intervention. The District will outline policies and procedures to clarify the circumstances under which teacher and school administration may ask for an officer to intervene with a student. 5. Hours of Work. An SRO will normally work an eight -hour shift, inclusive of the lunch period and school hours. The SRO may be subject to call during the lunch period. The actual hours worked will be determined by agreement between the District and the City. The Parties recognize that the SRO is subject to the Fair Labor Standards Act (FLEA) and that overtime may occur. 5.1 SROs will attend weekly campus -based meetings with peer SROs and/or SRO supervisor. The weekly meeting will be rotated between campuses and will not exceed sixty (60) minutes. The SROs are encouraged to attend the regional SRO meeting. 6. 'Perm. The term of this Agreement shall be for an initial period of one years, from September 1, 2021 through August 31, 2022. Thereafter, this Agreement shall annually be reviewed unless terminated pursuant to Section 7 hereof. The annual review and adoption process shall involve parents, students, and community members. 7. 'Termination. 7.1 The District may terminate this Agreement for "just cause" provided that it has provided ninety (90) days prior written notice to the City. "Just Cause" shall mean the City's failure to perform its obligations under this Agreement following notice from the District of such failure and after an opportunity for the City to cure or satisfy such obligations. 7.2 Either party may terminate this Agreement with or without cause at the end of the school year by ninety (90) days prior written notice to the other party. For the purposes of this paragraph, the school year end date shall be June 30th of the current year. SRO INTERLOCAL 63 - 8 - 6/2021 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federa35-7000A 98003-6325 (253) 8..:. mvi-vav crryeffederi[Li �v corm 8. Insurance. 8.1 Amount. It is hereby understood and agreed that each Party to this Agreement shall obtain and maintain publicliability insurance i n am0u -of low than rPI17n A T r r �T AND Ar/�/r nn i a n a amount 11V L 11 J5 L111 VV V 1V j1LLl OlV O/ 100 DOLLARS ($2,000,000) single limit liability. 8.2 Certificate. Each Party shall provide proof of insurance coverage to the other Party. The City shall provide the District with an evidence of coverage letter. The District shall provide the City with an evidence of coverage letter from the Washington Schools Risk Management Pool. Insurance coverage shall be maintained at all times. 9. Indemnification. 9.1 The District. The District agrees to defend, indemnify, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. 9.2 The City. The City agrees to defend, indemnify, and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. 9.3 Survival. The provisions of this article shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. General Provisions. 10.1 Administration. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. 10.2 Independent Contractor. It is the intention of the City and of the District that each SRO is a City employee. 10.3 Confidentiality. Both the School District and the City are governed by laws requiring confidentiality for certain records and information contained therein. Pursuant to RCW 13.50.010(1)(a) the City and the School District are "juvenile justice and care" agencies which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.010(l)(c). Both Parties agree that the juvenile records will only be released in accordance with RCW 13.50.050(4). The City will not release copies of reports, investigations, or other documents which are not juvenile records if such records are exempt from disclosure under either the SRO INTERLOCAL 64 - 9 - 6/2021 CITY OF CITY HALL 33325 8th Avenue South Federal Wa Federal Way, WA 98003-6325 - ..:: (253) 835-7000 :sn•vw cityoffederaiGvay cor7 Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97 et seq. Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 USC § 1232g and regulations promulgated thereunder, City personnel providing security services to the School District may be provided access to student records in the course of their duties and will be expected to maintain the confidentiality of such information except as disclosure is permitted by law. For the purposes of the foregoing statute, the City shall be recognized as an official law enforcement unit of the School District. 10.4 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 10.5 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 10.6 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 10.7 Assignment. Neither the City nor the District 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. 10.8 Attorney Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 10.9 No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. 10.10 Arbitration. Disagreement concerning the interpretation or application of the provisions of this Agreement is subject to arbitration provided that the Mayor, or his or her designee, and the District Superintendent, or his or her designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following receipt of the notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select an arbitrator. If no agreement can be reached on the selection of the arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection of the arbitrator. SRO INTERLOCAL 65- 10 - 6/2021 CITY OF CITY HALL 33325 8th Avenue South <n, Federal Way, WA 98003-6325 Federal Way (253)835-7000 brivw cltyoffecieralavay cor77 Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall be borne equally by the City and by the District. The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both Parties. 10.11 Captions. 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. 10.12 Remedies Cumulative. 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 at law, in equity or by statute. 10.13 Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. 10.14. Filing of Agreement. This Agreement shall be filed with the Secretary of the Board of Directors of Federal Way School District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Elections Division. 10.15 Supplemental Security Officers. The District reserves the right to place a campus security officer to assist the assigned SRO at any time. [signatures to follow] SRO INTERLOCAL 66 - 11 - 6/2021 CITY OF zE �, Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www crfyoffederahvay. corn IN WITNESS WHEREOF, the above and foregoing Inter -local has been executed by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY: Jim Ferrell, Mayor ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney FEDERAL WAY SCHOOL DISTRICT NO. 210: Dr. Dani Pfeiffer, Superintendent APPROVED AS TO FORM: General Counsel and Purchasing SRO INTERLOCAL 67 -12- 6/2021 Tlemmumiz M�l COUNCH. MEETING DATE: September 21, 2021 _ _ ITEM # CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY REGISTERED SEX OFFENDER COST REIMBURSEMENT AGREEMENT POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department accept the Registered Sex Offender (RSO) Overtime Cost Reimbursement Agreement from the King County Sherds Office (KCSO)? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwan Chief of Police DEPT: Police Attachments: I. Staff Report 2. KCSO Cost Reimbursement Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL: 7 I (RECTOR APPROVAL: c nncd COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 21, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 7 move approval of the proposed agreement and authorize Chief of Police Andy J. Hwang to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordirmnces only) ORDINANCE REVISED-112019 RESOLUTION 0 69 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: King County Sheriff's Office (KCSO), Registered Sex Offender (RSO) Cost Reimbursement Agreement for 2021-2022 Financial Impacts: There will be no negative impact to City funds or to the police department's operating budget. The .............f.a 1L_!'�'<__r __il__T77.__. !`�__._,_ C11_ °ri-,_/l rr.__IT,' n1-%', Tl__ _a._ 1n /1 rC 1_ /Tl C'I/l\ revenue to the airy for he K.-Ing comity 311ciill s office �rLC3v) finegistcreu Sex vffenuer (tcSv� Cost Reimbursement Agreement will be up to a maximum amount of $16,841.98 for officer overtime reimbursement. The overtime our officer(s) work will be billed to KCSO in account number 001-0000-090-337-07-004. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the King County Sheriff's Department to support the Federal Way Police Department's Registered Sex Offender (RSO) and Kidnapping Offender Address and Residency Verification Program. The grant will reimburse FWPD for overtime expenses incurred while verifying current addresses and residencies of sex and kidnapping offenders, up to a maximum amount of $16,841.98. FWPD has participated in the King County RSO grant funding since at least 2009. FWPD will partner with the King County Government to implement multiple program elements to ensure sex offenders comply with current legal requirements. 70 Cost Reimbursement Agreement Executed By Ding County Sheriff's Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Mitzi Johanknecht, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Federal Way Police Department, a department of the City of Federal Way, hereinafter referred to as ""Contractor," Department Authorized Representative: Andy J. Hwang, Chief of Police 33325 8 Avenue South Federal Way, Washington 98003 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders; and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated 71 Cost Reimbursement Agreement with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eleven (11) Articles: ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2021 and shall end on June 30, 2022 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44.130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency. In the case of level I offenders, once every twelve months. of level II offenders, once every six months. of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE IIIa REPORTING Two reports are required in order to receive reimbursement for grant -related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A" is the Offender Watch generated "Registered Sex Offender Verification Request (WA)" that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2021. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 M/S ADM-SO-0200 Seattle, WA 98104 Page 2 of 6 June 26, 2021 72 Cost Reimbursement Agreement Phone: 206-263-2122 Email: tina.keller@kingcounty.gov ARTICLE IV. REIMBURSEMENT Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 101h of the month following the billing period. Please note the following terms will be adhered to for the 2021-2022 Registered Sex Offender Address Verification Program: Any agency not meeting at least 90% of required verifications will not receive that quarter's grant payment. Any agency not using Offender Watch to track verifications will not receive that quarter's grant payment. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individual's' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods; and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non -overtime related expenditures must be pre -approved by KCSO. Your request for pre -approval must include: 1) The item you would like to. purchase, Page 3 of 6 June 26, 2021 73 Cost Reimbursement Agreement 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre -approval in email format. Requests for reimbursement from KCSO for the above non -overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Attn: Tina Keller, Project Manager King County Sheriff's Office 500 Fourth Avenue, Suite 200 Seattle, WA 98104 Phone: 206-263-2122 Email: tina.keller@kingcounty.gov The maximum amount to be paid under this cost reimbursement agreement shall not exceed Sixteen Thousand Eight Hundred Forty One Dollars and Ninety Eight Cents ($16,841.98). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2022 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness form. ARTICLE VI. FILING NON -DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non -Discoverable Face Sheet." This form shall be attached to each "Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Page 4 of 6 June 26, 2021 74 Cost Reimbursement Agreement Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: Overtime exceeds expenditures that the grantee is obligated or funded to pay in the current budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant. ARTICLE VIII, HOLD HARMLESS/INDEMNIFICATION Contractor shall protect, defend, indemnify, and save harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of Contractor, its officers, employees, contractors, and/or agents related to Contractor's activities under this Agreement. Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of any of its employees or agents. For this purpose, Contractor, by mutual negotiation, hereby waives, as respects King County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event King County incurs any judgment, award, and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from Contractor. The provisions of this section shall survive the expiration or termination of this Agreement. ARTICLE IXo INSURANCE Contractor shall maintain insurance policies, or programs of self-insurance, sufficient to respond to all of its liability exposures under this Agreement. The insurance or self-insurance programs maintained by the Contractor engaged in work contemplated in this Agreement shall respond to claims within the following coverage types and amounts: General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY° $5,000,000 combined single limit per occurrence, and for those policies with aggregate limits, a $5,000,000 aggregate limit. King County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the City. Additional Insured status shall include Products -Completed Operations-CG 20 10 11/85 or its equivalent. Pai 55 of 6 June 26, 2021 Cost Reimbursement Agreement By requiring such liability coverage as specified in this Article IX, King County has not, and shall not be deemed to have, assessed the risks that may be applicable to Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or prudent, maintain greater limits or broader coverage than is herein specified. Contractor agrees to maintain, through its insurance policies, self -funded program or an alternative risk of loss financing program, coverage for all of its liability exposures for the duration of this Agreement. Contractor agrees to provide KCSO with at least thirty (30) days prior written notice of any material change or alternative risk of loss financing program. ARTICLE X. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this agreement. This agreement shall not impart any right enforceable by any person or entity that is not a party hereto. ARTICLE XI. AMENDMENTS No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Federal Way Police Department DING COUNTY SHERIFF'S OFFICE Andy J. Hwang, Chief of Police Date Mitzi Johanknecht, Sheriff Date Page66 of 6 June 26, 2021 �masia Page: 1 Verification bequest Agency: King County WA Sheriffs Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016 Offender Photo Offender Information test test Registration # 2353765 Name , SSN POB DOB 01/01/1990 Age 26 Alt Reg # Sex Orient Drv. Lic./State Race Nat. No Selection FBI Height Hair State ID Weight Eyes Last Verified: Type Date Risk Comm. Phone (Bold - Primary Contact Num Number Type Scars/Tattoos Location T' Vehicle Comments Make Model Color. Year License State VIN Description Offense Convicted Released Case # Crime Details Date RS Code/Description hereby attest, under penalties of perjury, that any and all information contained here is current and accurate on this day Offender Signature: t Officer Signature: Produced by OBenderWatch-www.watchsystems.com 77 ® d I cs� II II 11 ❑ ❑ ® Ch cn CIO Ll C/1 0 1 yt7 yd yd H y QI Loo l w w W 79 EXHIBIT C Date Agency/Officer Incident number Witness Statement — Failure to Register Suspect's Name: Suspect's Last Registered Address: Witness' Name: Witness's Home Address: Witness' Home Phone Number Cell: Other: How do they know the suspect (please be as detailed as possible)? *If suspect rented an apartment or a room from the witness, please have them provide a copy of any documentations to this effect and any documentations the suspect moved out. Did the witness ever see the suspect at his/her last registered address? How often would they see him/her there? When did the witness start seeing him/her there? When did they stop? Why did the suspect stop staying at the address? Did the suspect keep any personal belongings there? In general, when is the last time they saw the suspect ? Do they know where the suspect moved to or their current whereabouts? Can they provide the names and contact information of any other witnesses who would have seen the suspect staying at his/her last registered address? Is the witness willing to assist in prosecution? Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is true and correct. Witness' Signature date Erin COUNCIL MEETING DATE: September 21, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM (VNET) /U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) HIGH INTENSITY DRUG TRAFFICKING AREA (HD)TA) TASK FORCE AGREEMENTS. POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department enter into an agreement with the US. Department of Justice, Drug Enforcement Administration to continue efforts to stop the traffiektng of narcotics and dangerous drugs in South King County? COMMITTEE: PRHS&PSC MEETING DATE: Sept. 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - STAFF REPORT BY: ANDY J. HWANO, CHIEF OF POLICE DEPT: Police Department Attachments: 1. PRHS&PSC Staff Memo 2. Drug Enforcement Administration MOU 3. State and Local HIDTA Task Force Agreement 4. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements, Options Considered: 1. Accept the DEA MOU, State & Local HIDTA Agreement & Certifications 2. Reject the DEA MOU,.State & Local HIDTAA&reement &,Certifications,,,,., ...._— MAYOR'S RECOMMENDATION: Option I. MAYOR APPROVAL: �)T (27<mja DIRECTOR APPROVAL:- COMMITTEE RECOMMENDATION: "I move to forward the proposed agreements to the September 21, 2021, Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the agreements between the City of Federal Way / Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, as presented and authorize the Chief of Police to execute said Agreements. " (BELOW To BE COMPLETED BYCITYaERKs OFFICE) COUNCIL ACTION: COUNCIL BILL # ❑ APPROVED 1ST reading ❑ DENIED ❑ TABLED/DEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordirances antyf ORDINANCE REVISED-4/2019 RESOLUTION # 81 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 14, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements Narcotics and dangerous drugs have a detrimental effect on the health, safety, and well-being of not only the Citizens in Federal Way, but all people throughout Washington and beyond. The U.S. Department of Justice, Drug Enforcement Administration (DEA), formed a local multi jurisdictional Task Force to help stop the trafficking of narcotics and dangerous drugs focused on investigating and enforcing the laws relating to controlled substances, the Valley Narcotics Enforcement Team (VNET). The Federal Way Police Department (FWPD) assigned a commissioned officer to the DEA Task Force on February 8, 2010, and has been a participating member up to the present. This package contains two agreements participating law enforcement agencies must sign onto as part of the Task Force team: one detailing how participating law enforcement agencies conduct operations and achieve the goals of the Task Force, including overtime reimbursements for participating officers, and another describing the equitable sharing of asset forfeitures that may occur as part of the Task Force's work. . These agreements are a continuation of our efforts to control the trafficking of drugs and are effective October 1, 2021, through September 30, 2022. 82 Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this I" day of October, 2021, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Federal Way Police Department (hereinafter "FWPD"). 1. The police agencies participating in the Seattle Enforcement Group D-20 Task Force, hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ') Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 TFO Federal Way Police Department 1 TFO Kent Police Department 1 TFO Renton Police Department 1 TFO Seattle Police Department 1 TFO Tukwila Police Department 1 TFO Washington State Patrol 1 TFO 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre -arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team 80% 3. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre -arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. C. 5. Participants further understand that the federal decision -makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: Frank A. Tarentino III Special Agent in Charge For the Federal Way Police Department: Andy Hwang Chief of Police Date: Date: M HIDTA STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this I" day of October 2021, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Federal Way Police Department, ORI# WA0173600 (hereinafter "FWPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1. The Seattle Enforcement Group D-22 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2. To accomplish the objectives of the Seattle Enforcement Group D-22, the FWPD agrees to detail one (1) experienced officer(s) to the Seattle Enforcement Group D-22 Task Force for a period of not less than two years. During this period of assignment, the FWPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3. The FWPD officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4. The FWPD officers assigned to the task force shall be deputized as task force officers of DEA pursuant to 21 USC 878. 5. To accomplish the objectives of the Seattle Enforcement Group D-22 Task Force, DEA will assign three (3) Special Agents to the task force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and FWPD officers assigned to the task force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 85 6. During the period of assignment to the Task Force, the FWPD will remain responsible for establishing the salary and benefits, including overtime, of the officers assigned to the Task Force, and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the Valley Narcotics Enforcement Team "VNET"for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 30 days of the end of the invoiced period. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the Federal Way Police Department charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The FWPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The FWPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The FWPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later. 10. The FWPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and 1. 11. The FWPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The FWPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the FWPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or proj ect. Ei 13. The FWPD understands and agrees that HIDTA will provide the Seattle Enforcement Group D-22 Task Force Officers with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune-ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGV'S)- HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the FWPD personnel, in addition to whatever accident reporting requirements the FWPD may have. 14. While on duty and acting on task force business, the FWPD officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of task force officer, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2022. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by FWPD during the term of this agreement. For the Drug Enforcement Administration: Frank A. Tarentino III Date: Special Agent in Charge Title For the Federal Way Police Department Date: Name: Andy Hwang Title: Chief of Police IM 0 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352 Title 31 of the U.S. Code, and implemented at 28 CFR Part t 9, for persons entering into a grant or coopperative agreement over $100,000, as defined at 28 tiFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, 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 the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative ag reement; (b), If any funds other than Federal appropriated funds have been paid orwill be paid to any person for influencing or attemptin to influence an officer or employee of any agency, a Membre of Con ress, an officer or employee of Congress, or an employee of a Mrmber of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c The undersigned shall require that the language of this cer- i ication be included in the award documents for alisubawards at all tiers, (including subgrants, contracts under grants and cooperative agqreements, and subcontracts) and that all sub - recipients shalrcertify and disclose accordingly. �lIN SI�S,_PERION, AND OTHER As required by Executive Order 12549, Debarment and Suspensitn, anti implemented t 28 CFR Prt 67 f r rospectI pa ap an s in pnmpary covered transactions, a§ Detained at N CFR Part 67, Section M510- public (Federal State, or local) transaction or contract under a public transaction;, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of -any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period receding this application nhad one or more public transantions Federal, State, or local) terminated for cause or default; and B. Where the applicant isunable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Druc1 Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- A. licae ap Thgt c rtifies that it will or will continue to provide a drug -free w rkpacePby: (a) Publishing a statement notifyin emplo ees that the unlawful manufacture, distribution, dislRensinq, possession, or use of a controlled substance is prohibited- in the grantee's workplace and specifyin the actions that will be taken against employees for violation o� such prohibition; (bformstempghin,%s n on going drug -free awareness program to (1) The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug -free workplace (a) Are not presently debarred, suspended, proposed for debar- as)sis�anre p�og�ams;%ncg nseling, rehabilitation, and employee ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal y Dart, or voluntarily excluded fro y �4t The �ualties that ma b impose upon employees for drug covered transactions b an Federal department or agency; ; use v o a ions occurringyin he wo p a e; (c) Makin it a requirement that each employee to be en a ed in tb) Have not within a three-year ,period preceding this application fhe performance of the rant be given a copy of the statement been convicted of or had a civil judgment rendered against them required by paragraph (a7; for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a {� Y (p8)rag�8lphl (a) that, as apcondition of employment statement required 88 the employee will- (1) Abide by the terms of the statement; and Seattle Enforcement Group D-22 (2) Notify the employer in writin of his.or her conviction for a 300 5th Ave, Suite 1300 violation of a criminal drug statuto occurringin the workplace no later than five calendar days after such conviction; Seattle, WA 98104 (e) Noti ing the agenc in writing, within 10 calendar days after receivinw notice under�'subparatgraph (d)(2) from an employee or otherwise receivin actua notice off, such . conviction. Employers of convicted Lployees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 ,Indiana Avenue, N.W., numbers) of each 20531. Notice shall include the identification (f. Taking one. of thefollowing actions, within 30 calendar days of receivin notice under subparagraph (d)(2), with respect to any employee who is so convicted - Check r- if there are workplace on file that are not identified here. Section 67, 630 of the regqulations provides that a grantee that is yyaearatA copelect Iof whichashou d be ncuded with eacheapplication for Department of Justice fundin44. States and State agencies may elect to use OJP Form 4061 /7. Check r- if the State has elected to complete OJP Form 4061 /7. (1) Taking appropriate personnel action against such an CE requlirrements of the Rehabili including Act oft103cas consistent or DRUG -FREE WHO ARE IN GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug As required by the Drug Free Workplace Act of 1988, and abuse assistance or rehabilitation program approved for sucgh implemented at 28 CFR Part 67, Subppart F, for grantees, as purposes b a Federal, State, or local -health, law enforcement, defined at 28 CFR Part 67; Sections 67.615 and 67.620- or other appropriate agency; A. As a condition of the grant,, I certify that I will not engage in Makin a good faith effort to continue to maintain adrug- free the unlawful manufacture, distribution, dispensing, possession wgork lace through implementation to on continue paragraphsin a , (b), (c), re or use of a controlled substance in condition any activity with workplace and e g p () the grant; and B. The grantee may insert in the space,provided below the site B. If convinced of a criminal drug offense resulting from a (s) for the performance of work done in connection with the violation occurring during the conduct of any ggrant activity, I will specific grant: report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, Plapej of Performance (Street address, city, country, state, zip ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C.20531. Asthe duly authorized representative of the applicant, I hereby certify that the applicantwill complywith the above certifications. 1. Grantee Name and Address: Federal Way Police Department 33325 8th Ave South Federal Way, WA 98003 2. Application Number and/or Project Name Seattle Enforcement Group D-22 4. Typed Name and Title of Authorized Representative Andy Hwang, Chief of Police - Federal Way Police Department 5. Signature 3, Grantee IRS/Vendor Number 6. Date M. 3-mHmmm= 0141 COUNCIL MEETING DATE: September 21, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: BID ACCEPTANCE - ROOFING REPLACEMENT AT SAGBALIE RESTROOM BUILDINGS &STEEL LAKE ANNEX -BARN Policy Question: Should the City Council accept the bid from Lawson Contracting, LLC dba Wright Roofing for roofing replacement at the Saghalie restroom buildings and Steel Lake Annex - Barn? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: September 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Deputy Parks Director DEFT: Parks Attachments: 1. Staff Report 2. Lawson Contracting LLC dba Wright Rooting Bid 3. Public Works Contract Options Considered: 1. Accept the bid from Lawson Contracting LLC dba Wright Roofing for Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex - Barn. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDAPON: Option 1. MAYOR APPROVAL: DIRECTOR APPROVALS r ual ore COMMITTEE RECOMMENDATION: "I move to forward the bid acceptance for the roofing replacements as presented by staff to the September 21, 2021, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the bid from Lawson Contracting LLC dba Wright Roofing for the (roofing replacements as presented." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCILBILL# ❑ DENIED First reeding ❑ TABLED/DEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (ardinuncea.,10 ORDINANCE# REVISED- I IC019 RESOLUTION It 91 CITY OF FEDERAL WAY MEMORANDUM DATE: September 14, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason Gerwen, Deputy Parks Director SUBJECT: Bid Acceptance — Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex Barn Financial Impacts: The cost to the City for the Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex Barn will be $155,139.82 and was included within the approved budget adjustment under the Parks Department, under the following line item, 001-7100-331-576- 80-480. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the Roofing Replacement at Saghalie Restroom Buildings and Steel Lake Annex - Barn, future costs will be Zero ($0.00). On July 20, 2021, City Council authorized staff to request bids for the Roofing Replacement at Saghalie Restroom Buildings & Steel Lake Annex Barn. Bids were accepted through August 6, 2021, and there was only one responsive bidder. Parks now requests the Council approve the bid acceptance and allow the work to proceed. 92 Rev. 7/18 BID BOND ROOFING REPLACEMENT — Saghalie Chases & Steel Lake Annex Barr sdoheo* oaaU��sohook.oroaohintheomouoLd Attached =~""�~~^ ~ ^'`--�� is which am o haofive percent (5%)of'the total bid, _____ —'- ---- ---, on�edO��a Date P�n��y/-��nu��o/Am� �m� OPTION 2: BID BOND PERSONS BY THESE PRESENTS �o wo. xmuvv �� uo Principal, and ��»!�s[g��.4��@!�o»��------------ -'----- y----_-'u/' he|d mnU8r�|ybuund unto the a«roro�m^o/�*oe �2�� ,��g��y��g»u�/��'�eJ�g�'��«am��« �z��o �Su'y�' | "unoun� o| 8�� b|� proposal for the ----- - - Ob8 oe in the ;um of |i*n (5) ponmm o mn two a, �KyofFeda»a| »»n� ua 'un4 the Surety bond themselves, their heirs and exnoutors, odmh�ax��n� paymoo\ of which /na rnoopa/ Co — auooesanmand assigns, jo|nUyand »overuUy`bythese pmuan � The condition of this obligation is such that if the Obligee shall make any award to the Principal for the above - mentioned Project according to the terms of the pnoposol o/ bid made by tile Principal Mhnemne, and the Principal mhuU duly mabe and an|o/ into u contract with the Obligee in accordance with the terms of said nwfor the faithful pe�ormanoethmnm. with uue�orSu/o"°^ V«�u«ui «r bid ad aand a approved by tile Ob{igee; or if the Principal shall in case of huiio/a so to do, pay und |vrfeb\otile Dbl|gae the penal amount of the deposit oPec»i din the call for bids V`en this obligation shall be null and «»i¢ «Uhemvioa' U shall be, and emain in iuK force and or,ac|. and Uou Surety shall forthwith pay and forfeit to the Obligee as dliquidated dmuQauMhe�nmurdofnh|obond penalty and m . . / _8uvm ' 2��1_- ' - ----- Name and Address ofLocal off ice/Agent of Surety Company is: -raryn Schram von HauP��t,t9_n1ey!nFac.t'___--___ Rice |osuranceuo wunam,dway Bellingham, WA, 98225 CITY OFFEDERAL WAY ROOFING REPLACEMENT -Smgm6k» RestpuumBuildings & Steel Lake Annex Burn RFB'10 RF@#21-n0g c:W Rp13meRmom1020+mw W POAg 4710022 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the Slate of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Cassandra Jones, Joseph Tejeda, Taryn Schram Von Haupt, Rita M. Filbeck, Mallory K. Visser Their true and lawful ngeot(s) and at torn ey(s)-In-fact, each in their separate capacity if more than one is named above, to make, execute, seat and deliver for and on their own behalf, individually as a surety orjoindy, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars ($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RE5OLVEC, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged -by any officer or attorney, of the rbmi>aiy, qualiffying iie bt«tey (if itufcy(Ol-kd ithe e'1Vn yVyer Of attorney, to cxcciCa in buh_n¢ w`, and acknowledge as the �__, _ nu deed ofthe � surcTet insurance Company and Markel Insurance Company, as the rase may be, all bond undertakings and contracts of suretyship, and to affix the corporate seat thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duty authorized officers on the 261h day of cwpierMar r 2920 . Sure7ecInsurance Company ✓'"'"""' rUF WC. n>�pr�� 9s�50. w;Ui Yl i C. cc lb '� Michael Kemtrg, President �� 4-cn'• Commonwealth of Virginia County of Henrico SS: Markel lnsuni�ceCompany :U v O.• u" SEAL rt `ry f4SW1t`t' .rya ` Rubin Russo, Senior Vice President �rrrl 11 j {(tti NN, On this 25in day of so tuber, 2920 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Honrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to he the individuals and officers described in, who executed the preceding instrument, and they acknowledged the eKecution of same, and being by me duty sworn, disposed and said that they are the officers of the Said companies aforesaid, and that the seats affixed to the proceeding Instrument are the Corporate Seals of said Companies; and the said Corporate Seals and their signatures as officers were duty affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the board of Directors of said C3n:panies rcterred to in the, precedine instvumerit is now in force. �tt r r r t i r r�r r tr IN TES7IV.GNY WHERCVF, I ii ave herounto set nvy hand, and affixed rn kOj v �SaaYat tlaG 'dufre}'a�f Flcnrico, the day and year first above written. V .'°.� i \` F Gonna Donavant, Notary Public OS3�G3 1 �' My commission expires!/3?/2.023 We, the und-rsigned Officers of SuroTcc fnsurarrco Cnrnpsoy and MatRef}r}/tf` inppl :� k$4tY da'krby cr_rtify that the original POWER OF A"t70RPfE'f of which the foregoing is-„ full, true and corrrcttopy is stilt in full force end of{eCi art! hathcptrttr� (� 1Fttt>t:Ld. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals or said Companies, on the 4th day of_,,_ n w, 2021 ' i i:r,;)- ec Insur,-pCL Cgjnpany j 4.1 BY, , M. Br<_ it Beaty, tssEst,ut: Sec+ata� Markel insurance company 4 ti r Richard R. Grinnan, Vice President a,ti„ Seur?ary Any Instrument Issued in excess of the penalty stated above is totally vold and without any vulidity. 471a022 For verification of the authority of this Power you may call (713)812.0800 on any business day between 8:30 AM and 5:00 PM CST. G"� City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 Bidder: Lawson Contracting LLC dba Wright Roofing Fuil Legal Name of Firm tct: Ryan Lawson Cona Address: Phone: Individual with Legal Authority to sign Bid and uontract PO Box 9339 _ StreetAddress Tacoma, Washington 98409 City, State Zip 253-472-3321 Ext. 1005 E-Mail: ryan@wdghtroofincgwaµGom ------------ Select One of the Following State Contractor's License No,: c# Corporation LLC ❑ Partnership, ❑ Individual ❑ Other WRIGHR"851K6 05 26 2023 State Contractor's License Expiration Date:___ ---_---___-- Month Day Year 603-505-236 State UBI No.: State Worker's Comp, Account No, CITY OF FEDERAL WAY 528,382-00 ROOFING REPLACEMENT—Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-6 RFB i#21-OQ9 CFW RFB VERSION 2020-JUN 95 NOTE: All entries shall be written in ink or typed. Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including for whole dollar amounts), All figures must be clearly legible. Bids with, illegible- figures in the unit price column will be regarded as nonresponsive, Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. The Bidder shall complete this entire Bid Form or this bid may be considered non -responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. SCHEDULE A. ROOFING REPLACEMENT— Saghalie Chases & Steel Lake Annex Barn All unit prices shall NOT include applicable sales tax. Sales tax should be aoplied to the sub total For this bid schedule. Item _ Spec. i Sid Item Description Unit Price Amount Now Div. ! _ — 1 Parks Saghalie Restroom Building 1 $29,269.96 $29,269.96 2 Parks Saghalie Chase 2 $47,595.85 $47,595.85 8 Parks Steel Lake Annex Barn $64,042.30 [$64,042 30 Change - i 4 orders Rotted/Weak Roof Decking Replacment (price per $250.00 sheet) 4 X8 X 1/2" Cdx N/A SUBTOTAL — SCHEDULE A $140,908.11 SALES TAX (10.1 /®) $14,231,71 TOTAL -- SCHEDULE A (including Washington State sales tax, all other $155,139.82 t.-- government Pxesassassmqhts and chimes The documents incorporated by reference, as if fully set forth, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. Pursuant to and in compliance with the Advertisement for Bids for the Project, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents, considered conditions which may affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the referenced bid amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-7 RFB #21-009 CFW RFB VERSION 2020-JUN 96 NON -COLLUSION AFF'IIOAVI'r By signing this proposal, the undersigned acknowledges that the persan(s), firm, association, or corporation has entered Into any agreement, participated In any collusion, or otherwise (ir ve) not, either directly or indirectly, taken any action in restraint of free competitive bidding in connection with this project. To report rigging activities, call 1-800-424-9071. The U.S. Department of Transportation (USDOT) operates the tall -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activilie s. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. CONFLICTS OF INTEREST GRATUITIES. & NON-UUIVWr- 1 i i tv c rnnw ,vim By signing this proposal, the undersigned agrees as follows: (1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materialor a erequlnt ha�ibg performed and/or provided under this contract and that it shall not employ any person9 any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require; and (2) That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and (3) That no gratuities in the form of entertainrrrent, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51,16.070(1)(b), or RCW 82.32,070(2) within the last two years. The Contractor further certifies that it has not been determined, within year, to have committed any combination of two of the following violations or infractions within a five the last one y year period: ea Violated RCW 51,48,020(1) or 51.48,103; or (2) Committed an infraction or violation under Chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPL_ _ OYMENT The Contractor hereby certifies that it has complied with all anal ions of the ration andlNattbconlity cot ct now or as herein after amended, 8 U.S.C. 1101 et. Seq.,employees, employees, are lawfully perrnitted to perform work in the United States as provided in this agreement with the City of Federal Way. Receipt of the following Addendums is hereby acknowledged: No Addendum Issued Addendum No, _ Date Issued; Addendum No.._ Date Issued: Addendum No. — Date Issued: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-8 RFB #21-009 CFW RFB VERSION 2020-JUN 97 The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. �1'� fizz By. rg ature---�' Ryan Lawson Printed Name Principal Title Subscribed and sworn to before me this � day of 9"'�� , 20 CITY OF FEDERAL WAY --OK44,�J Sign`qture of N to Printed name of (Votary Notary Public in and for the State of Washington My commission expires: ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-9 RFB #21-009 CFW AF8 VERSION 2020-JUN 98 W COMPLIANCE CERTIFICATION CONTRACTOR , FAILURE TO RETURN CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. ally of perjury under t I hereby certify, under pen laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm, has NOT been determined by a rival and binding citation and notice of assessment issued by the Washington Stale Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, r or as defined in RCW 49.48,082, any provision of Chaptern 49.46, 49.48, and 49.52 RCW within three (3) years to the date of the Request for Bids. Lawson Contracting LLC dba Wright Roofing u Bidder Name:.__`.__..__....... Print Full Legal Name of Firm Ryan LAWSON By: ' t�� v� Print Name of Person Making Certifications for Firm Signglf rre of Authorized Person Principal Tacoma, Washington _ Title: _ __v __ __ Place: and State Where Signed Title of Person Signing Certificate Print Cittyy a Date: August 6th, 2021 CITY OF FEDERAL WAY ROOFING REPLACEMENT — 5aghalie Restroorn Buildings & Steel Lake Annex Barn RFB-11 RFB #21.009 CFW RFB VERSION 2020-JUN 99 PROPOSAL FOR INCORPORATING RECYCLED MATERIALS R APWA-WA Division 1 committee rev. lf$/2016 Proposal for Incorporating Recycled Materials Into the Project In compliance with a new law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 0-03.21(1)E, Table on Maximum allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: Zero Percent -NIA percent. Note- Use of recycled materials is highly encouraged within the limits shown above, but does not col7stitute a Bidder Preference, and will not affect the determinatior7 of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie -breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions, Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually Incorporated into the Project, in accordance with the APWA GSP in Section 1-06, B of the Special Provisions. Bidder: Signature of Authorized Official: Date: CITY OF FEDERAL WAY Lawson Contracting LLC dba Wright Roofing August' 6, 2021 ROOFIiVG REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-12 RFB #21-009 OFW RFB VERSION 2020-JUN 100 PUBLIC WORKS CONTRACT FOR ROOFING REPLACEMENT Saghalie Restroom Buildings & Steel Lake Annex Barn THIS PUBLIC WORKS CONTRACT ("Contract') is dated effective this 22nd day of September, 2021 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner'), and Lawson Contracting LLC dba Wright Roofing, a Washington Limited Liability Corporation ("Contractor'). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete removal and replacement of existing roofs on the two Restroom Buildings at Saghalie Park located at 33914 19th Ave SW, Federal Way, WA, and on the Steel Lake Annex Barn located at 26745 S 312th St, Federal Way, WA ("Property" or "Properties'); and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties') agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the ROOFING REPLACMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn project, including without limitation: a. New Roofing, Gutters and Downspouts i. Contractor to remove existing roofing material, existing gutters and downspouts on three roofs referenced above and repair rotted or weak roof decking as needed. ii. Supply and Install high temperature Grace Vicor ice and water shield roofing underlayment. iii. Supply and Install 26 gauge R panel style metal (city to select color). iv. Supply and Install all trim and flashings as needed to ensure watertight roofing. v. Supply and Install metal edging. vi. Install roof penetration flashings. vii. Supply and Install new 5" gutters and downspouts. viii. Clean and haul off debris. ix. All materials used for the manufacture or construction of any items to be provided under this Agreement shall be new. x. Installation shall include all material, permitting and installation necessary to properly remove and install roofing, gutters and downspouts. ioi 4/2017 b. Equipment Procurement and Delivery i. Contractor will procure agreed upon material as well as all necessary installation materials and supplies. ii. Contractor must coordinate the delivery and installation with Derreck Presnell, Parks & Facilities Manager. iii. City of Federal Way shall not accept the delivery on behalf of the contractor. Contractor must be present to accept delivery. Storage on -site shall not be permitted prior to installation. c. Roof Removal i. Contractor shall neatly remove the existing roofing, underlayment, gutters and downspouts. ii. Removal of existing roofing shall be completed in compliance with applicable federal and state laws. Contractor shall haul away all material to a certified landfill and provide evidence or documentation of proper disposal. d. Installation i. All installation work is to be carried out according to this Scope of Work and the technical specifications provided by contractor. e. Final Inspection and Acceptance i. Finished installation shall be permitted and inspected by any applicable state, city, township and county inspections as necessary. All are to be arranged and coordinated by Contractor. ii. Final approval shall be provided by Derreck Presnell upon completion of all punch list items and the City's receipt of permit. f. Scheduling i. All work must be completed during normal business hours, Monday -Friday (7a-4p). ii. On scheduled days of removal/installation, a representative from City of Federal Way shall meet the contractor on site and will remain available via phone throughout the day. iii. Contractor's on -site installation activities must be scheduled at least five (5) business days in advance and coordinated through: Derreck Presnell Parks & Facilities Manager (253) 329-8419 derreck.presnellCacityoffederalway.com ("Work'), in accordance with and as described in the Contract Documents, which include City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil:URs & Steel Lake Annex Barn Page 2 PWC ver 1-20 without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Option attached as Exhibit C, Retainage Bond to City of Federal Way attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached hereto as Exhibit F, Performance / Payment Bond attached hereto as Exhibit G, Title VI Assurances attached hereto as Exhibit H, Standard Plans and Details attached as Appendix A, current Prevailing Wage Rates attached as Appendix B, Warranties attached as Appendix C, 2000 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction, together with the APWA Supplemental (Division 1-99) ("Standard Specifications' and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents', which Work shall be completed 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. 1.2 Completion Date. The Work shall be commenced within thirty (30) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before November 30, 2021. In the event the Work is not substantially completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "A". 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, interfere with and delay commerce, and increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains to physically complete the total Contract, the Engineer may determine the Contract Work is substantially complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom BuilaQs & Steel Lake Annex Barn Page 3 PWC ver 1-20 Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the 'one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildi0$s & Steel Lake Annex Barn Page 4 PWC ver 1-20 construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than November 30, 2021 to complete, and the expiration of all warranties contained in the Contract Documents (" Term'. 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract; provided, however, that this warranty may extend beyond this time period pursuant to the warranties attached hereto as Appendix C and incorporated by this reference. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed One Hundred Forty Thousand Nine Hundred Eight and 11/100 Dollars ($140,908.11), and Washington State sales tax equal to Fourteen Thousand Two Hundred Thirty -One and 71/100 Dollars ($14,231.71), for a total amount not to exceed One Hundred Fifty -Five Thousand One Hundred Thirty -Nine and 82 100 Dollars ($155 139.82), which amount shall constitute full and complete payment by the City ("Total Compensation'. 4.2 or Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builifflts & Steel Lake Annex Barn Page 5 PWC ver 1-20 on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Option attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D". No payments shall be made by the City from the retained percentage fund ("Fund' nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectibie without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, 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 Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit H. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil4iop & Steel Lake Annex Barn Page 6 PWC ver 1-20 security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. 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. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that 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. 6.2 If the Contractor is a sole proprietorship or if this is a contract 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. ' 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Contractor from the City. Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the City's option, become its property. In the event Contractor is not in breach of any of the provisions of this Contract, Contractor will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: (1) If the Contractor should be adjudged a bankrupt. (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builllts & Steel Lake Annex Barn Page 7 PWC ver 1-20 (9) If Contractor should persistently disregard instructions of the Mayor or his or her representative. (10) If Contractor shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. S. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. 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. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom BuildbVs & Steel Lake Annex Barn Page 8 PWC ver 1-20 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an All Builder's Risk form at all times in an amount no less than the replacement value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, attached hereto as Exhibit 7" and herby incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom BuililD*s & Steel Lake Annex Barn Page 9 PWC ver 1-20 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. 10. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builgipas & Steel Lake Annex Barn Page 10 PWC ver 1-20 projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix B. The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296-127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296-127-010 WAC, complies with all the requirements of Chapter 39.12 RCW. 12.2 Exemptions to Prevailing Waae. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Engineer the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700-029-000. The City will make no payment under this contract for the work performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700-007-000. The City will not release to the contractor any funds retained under Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have been approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Contractor shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor and all subcontractors or lower tier subcontractors. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil9 tzgs & Steel Lake Annex Barn Page I 1 PWC ver 1-20 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. 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 this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. 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 Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary dean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil&Us & Steel Lake Annex Barn Page 12 PWC ver 1-20 employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builc ij& & Steel Lake Annex Barn Page 13 PWC ver 1-20 or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, 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. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authori . Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. 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 herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. CITY OF FEDERAL WAY: M Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buillls & Steel Lake Annex Barn Page 14 PWC ver 1-20 ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney LAWSON CONTRACTING LLC dba WRIGHT ROOFING By: (Signature) (Name) (Address) (Phone) STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builgipggs & Steel Lake Annex Barn Page 15 PWC ver 1-20 EXHIBIT A NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildj*s & Steel Lake Annex Barn Page 16 PWC ver 1-20 City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildibgs & Steel Lake Annex Barn Page 17 PWC ver 1-20 City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buillipgs & Steel Lake Annex Barn Page 18 PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE SUMMARY OF PROPOSED CHANGES: CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑No ❑ Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn Page 19 PWC ver 1-20 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY INCREASED DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom BuilauZgs & Steel Lake Annex Barn Page 20 PWC ver 1-20 EXHIBIT C CONTRACTOR'S RETAINAGE OPTION City of Federal Way Bid/Contract Number 33325 8th Avenue South BID # 21-009 Federal Way, WA 98003-6325 253-835-7000 IDENTIFICATION AND DESCRIPTION Project Title: ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB No: 21-009 Contractor: Lawson Contracting LLC dba Wright Roofing GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011, 1 hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: ® Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. ® Option 2: Deposited in an interest -bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. ® Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. ® Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these Contract Documents. Contractor Signature Date City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil(Ji2as & Steel Lake Annex Barn Page 21 PWC ver 1-20 EXHIBIT D RETAINAGE BOND TO CITY OF FEDERAL WAY ROOFING REPLACEMENT Saghalie Restroom Buildings & Steel Lake Annex Barn KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, Lawson Contracting LLC, dba Wright Roofing, , as principal ("Principal', and a Corporation organized and existing under the laws of the State of as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety', are jointly and severally held and firmly bonded to the City of Federal Way ("City' in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the ROOFING REPLACMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn Project, which contract is incorporated herein by this reference ("Contract', and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39,08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builillits & Steel Lake Annex Barn Page 22 PWC ver 1-20 The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of 20_, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: PRINCIPAL CORPORATE SEAL: By: Title: Address: SURETY By: — Title: Address: Attorney -in -Fact (Attach Power of Attorney) City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildi2igs & Steel Lake Annex Barn Page 23 PWC ver 1-20 CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and In behalf of said C"Urporation by authority of its governing body. Secretary of Assistant Secretary APPROVED AS TO FORM: City Attorney, J. Ryan Call City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildi2igs & Steel Lake Annex Barn Page 24 PWC ver 1-20 EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: (Name of Union or Organization) The undersigned currently holds contract(s) with funds or credit of the City of Federal Way, Washington, contractor holding such contract(s). involving or (a) subcontract(s) with a prime You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: Derreck Presnell City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildin§s & Steel Lake Annex Barn Page 25 PWC ver 1-20 EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND We, the undersigned Lawson Contracting LLC dba Wright Roofing ("Principal's and , the undersigned corporation organized and existing under the laws of the State of Washington and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City' in the penal sum of One Hundred Fifty -Five Thousand One Hundred Thirty -Nine and 82 100 Dollars ($155,139.82), for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20_ for Roofing Replacement — Saghalie Restroom Buildings and Steel Lake Annex Barn NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildipgs & Steel Lake Annex Barn Page 26 PWC ver 1-20 the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of CORPORATE SEAL OF PRINCIPAL: STATE OF WASHINGTON ) ss. COUNTY OF ) 20 PRINCIPAL By: (Name of Person Executing Bond) Its: (Title) (Address) (Phone) On this day personally appeared before me of instrument, and acknowledged the said instrument to be the free and limited liability company, for the uses and purposes therein mentioned, was authorized to execute said instrument. GIVEN my hand and official seal this day of to me known to be the that executed the foregoing voluntary act and deed of said and on oath stated that he/she 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil"gs & Steel Lake Annex Barn Page 27 PWC ver 1-20 CORPORATE SEAL OF SURETY: SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: J. Ryan Call, City Attorney City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildiyngs & Steel Lake Annex Barn Page 28 PWC ver 1-20 EXHIBIT H TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn Page 29 PWC ver 1-20 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Builjins & Steel Lake Annex Barn Page 30 PWC ver 1-20 APPENDIX A STANDARD PLANS AND DETAILS a. New Roofing, Gutters and Downspouts i. Contractor to remove existing roofing material, existing gutters and downspouts on three roofs referenced above and repair rotted or weak roof decking as needed. ii. Supply and Install high temperature Grace Vicor ice and water shield roofing underlayment. iii. Supply and Install 26 gauge R panel style metal (city to select color). iv. Supply and Install all trim and flashings as needed to ensure watertight roofing. v. Supply and Install metal edging. vi. Install roof penetration flashings. vii. Supply and Install new 5" gutters and downspouts. viii. Clean and haul off debris. ix. All materials used for the manufacture or construction of any items to be provided under this Agreement shall be new. x. Installation shall include all material, permitting and installation necessary to properly remove and install roofing, gutters and downspouts. b. Equipment Procurement and Delivery L Contractor will procure agreed upon material as well as all necessary installation materials and supplies. ii. Contractor must coordinate the delivery and installation with Derreck Presnell, Parks & Facilities Manager. iii. City of Federal Way shall not accept the delivery on behalf of the contractor. Contractor must be present to accept delivery. Storage on -site shall not be permitted prior to installation. c. Roof Removal i. Contractor shall neatly remove the existing roofing, underlayment, gutters and downspouts. ii. Removal of existing roofing shall be completed in compliance with applicable federal and state laws. Contractor shall haul away all material to a certified landfill and provide evidence or documentation of proper disposal. d. Installation i. All installation work is to be carried out according to this Scope of Work and the technical specifications provided by contractor. City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildjags & Steel Lake Annex Barn Page 31 PWC ver 1-20 e. Final Inspection and Acceptance i. Finished installation shall be permitted and inspected by any applicable state, city, township and county inspections as necessary. All are to be arranged and coordinated by Contractor. ii. Final approval shall be provided by Derreck Presneli upon completion of all punch list items and the City's receipt of permit. f. Scheduling i. All work must be completed during normal business hours, Monday -Friday (7a-4p). ii. On scheduled days of removal/installation, a representative from City of Federal Way shall meet the contractor on site and will remain available via phone throughout the day. iii. Contractor's on -site installation activities must be scheduled at least five (5) business days in advance and coordinated through: Derreck Presnell Parks & Facilities Manager (253) 329-8419 derreck. presnell Ocityoffederalway.com City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Build6n'k?-, & Steel Lake Annex Barn Page 32 PWC ver 1-20 APPENDIX B PREVAILING WAGE RATES AT OF 9/1/2021 USE LATEST PUBLISHED FIGURES County Trade Job Classification Wage Holiday Overtime Note 'Risk Class King Roofers Journey Level $57.30 5A 311 view King Roofers Using Irritable Bituminous $60.30 56 3yl vie - Materials Step Occupation Begin End Apprentice Holiday Overtime Note Hours Hours Wage Step 1 Roofer 1 1000 536.53 U 3h Step 2 Roofer 1001 2000 $38.58 SA 3i Step 3 Roofer 2001 3000 $42.69 M 3ti Step 4 Roofer 3001 4000 $49.09 16 M Step 5 Roofer 4001 5000 $53.20 SA 311 City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buil&Ms & Steel Lake Annex Barn Page 33 PWC ver 1-20 APPENDIX C (ATTACH WARRANTIES) G:\LAWFORMS\City-wide\Public Works Contract Update 1/15 City of Federal Way ROOFING REPLACEMENT — Saghalie Restroom Buildi$As & Steel Lake Annex Barn Page 34 PWC ver 1-20 COUNCIL MEETING DATE: September 21, 2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HVAC SERVICE CONTRACT AMENDMENT POLICY QUESTION: Should the City Council approve amending the contract with MacDonald -Miller Facilities Solutions, to extend the term, add services, and adjust compensation? COMMITTEE: PRHSPS MEETING DATE: September 14, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing f-1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Getwen, Deputy Parks Director DEPT: Parks Attachments: 1. Staff Report 2. First Amendment to the Maintenance Agreement for HVAC Services Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. Option 1. MAYOR APPROVAL: COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the September2l, 2021, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: 7 move approval of the proposed Amendment and authorize the Mayor to execute said amendment." (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 Doty) ORDINANCE # REVISED- 11R019 RESOLUTION # 135 CITY OF FEDERAL WAY MEMORANDUM DATE: 8/30/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Deputy Parks Director SUBJECT: HVAC Service Contract Financial Impacts: The cost to the City for HVAC Service Contract was included within the approved budget under the Parks Department, budget lines; City Hall: 505-1100-331-518-30-480 and FWCC: 111-7200-351-575-51-480. In accordance with the approved budget, this item is funded by the General Fund. There is an increase not accounted for in the budget as we have updated the filter requirements to MERV 13 filters for both facilities based on CDC ventilation recommendations. There is also a modest increase tied to the CPI index. Additionally, there are exclusions in the contract and we have allotted $1 OK per year, per site in case one of these exclusions comes up during the contract period. Current Contract: $206,800.00 3 Year Amendment: $289,673.10 Total Contract Value: $496,473.10 Background Information: Staff solicited bids for Comprehensive HVAC Maintenance Services in 2019 and MacDonald Miller (Mac/Miller) was the successful bidder and awarded the service contracts for City Hall and the Federal Way Community Center (FWCC). Mac/Miller has been successfully managing the scope of services and staff is extremely happy with their performance. Their customer service has been superb. We would like to extend their contract for an additional 3 years to continue the services and maintain continuity. 136 Rev. 7/18 CITY OF CITY HALL �.. Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 w;a'�v cityoffeder at l.vc7u com AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR HVAC SERVICE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MacDonald -Miller Facility Solutions, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for HVAC Service ("Agreement") dated effective April 12, 2019, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2024 ("Amended Term") 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 137 AMENDMENT - 1 - 3/2017 4 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 w vw cityoffederahvay. coil? IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: MACDONALD-MILLER FACILITY SOLUTIONS, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST. Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires AMENDMENT 138 -2- 3/2017 CIY Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)$35-7000 w alyal(ederalwnycom The Contractor shall do or provide the following in addition to Services in previous Agreements and Exhibits: City Hall Building Filters (MERV 13) replaced I time per year on all related VAV equipment and belts replaced as needed. Filters (MERV 13) replaced 2 times a year on all air handlers and belts replaced as needed. Federal Way Community Center Filters (MERV 13) replaced 2 times per year on all related equipment and belts replaced as needed. 139 AMENDMENT - 3 - 3/2017 CITY OF 1, Federal Way EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Feoeml Way, WA 98003-6325 (253)835-7000 www atyoaederalwey com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Sixty -Three Thousand One Hundred and NO/100 Dollars ($263,100.00) and Washington State sales tax equal to Twenty -Six Thousand Five Hundred Seventy -Three and 10/100 Dollars ($26,573.10) fora total of Two Hundred Eighty -Nine Thousand Six Hundred Seventy -Three and 10/100 Dollars ($289,673.10). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Ninety -Six Thousand Four Hundred Seventy -Three and 10/100 Dollars ($496,473.10). 2. Method of Compensation: Hourly Rate Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such personas shown below. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Extra repair hourly rate up to 8 Ins: $170 per hour • Extra repair hourly over 8 bra: $255.00 per hour • Overtime Saturday rate: $255.00 per hour Overtime Sunday rate: $340.00 per hour Materials parts at wholesale plus 50% City Hall Comprehensive service rate at $35,800 + 3,615.00 tax = $39,415.80 yr. FWCC Comprehensive service rate at $31,900+ 3,221.90 tax = $35,121.90 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. 140 AMENDMENT - 4 - 3/2017 COUNCIL MEETING DATE: 9/21/2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JANITORIAL SERVICE CONTRACT AMENDMENT POLICY QUESTION: Should the City amend the Janitorial Service contract with SMS Cleaning, Inc. to extend the term, add services, and adjust compensation? COMMITTEE: PRHSPS Committee MEETING DATE: 9/14/2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen Deputy Parks Director DEPT: Parks Department Attachments: I. Staff Report 2. First Amendment to the Janitorial Agreement for Janitorial Services Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: mitiwove DIRECTOR COMMITTEE RECOMMENDATION: "I move to forward the proposed amended Agreement to the September 21, 2021, Council consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the amended Agreement as proposed. " (BELOW TO BE COMPLETED BY CITY CLF. RB'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Pint reading ❑ TABLED/DEFERRED/NO ACTION Enactment reeding ❑ MOVED TO SECOND READING (ordinance only) ORDINANCE # REVISED — 11/2019 RESOLUTION # 141 CITY OF FEDERAL WAY MEMORANDUM DATE: August 11, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason, H. Gerwen, Deputy Parks Directooll SUBJECT: Janitorial Service Contract Financial Impacts: The cost to the City for Janitorial Services was included within the approved budget under the Parks Department, under the following line items. • City Hall: 505-1100-331-518-30-480 • Police Storaee: 505-1100-331-518-30-480 • Park/PW Maintenance Faciliri: 505-1100-331-576-80480 • Sacaiawea Park:001-7100-331-576-80-480 • Sachalie Park: 001-7100-331-576-80-480 • Lakota Park: 001-7100-331-576-80-480 • Town SquarePark: 001-7100-331-576-80480 In accordance with the approved budget, this item is funded by the General Fund. Original Contract: $298,020.00 Increased Prevailing Wage Rate (Delta): $128,281.86 Three-year Extension (w/additional scope): $518,283.72 Additional Services: $ 20,000.00 Total Contract: $964,585.58 Background lnformationlnformation: On December 6, 2019 the City accepted proposals for janitorial services for the City Hall, Steel Lake Maintenance Facility, the Police storage facility, and park restroom facilities at Sacajawea, Saghalie, Lakota, and Town Square Parks. Solicitation forbids was advertised in the Federal Way Mirror for a two -week period. SMS Cleaning, Inc. submitted the lowest combined bid and we have been working with them successfully since the original contract was executed. 142 Rev.'//I8 Throughout 2020 & 2021, as the Covid-19 pandemic struck and became part of our daily lives, sanitation standards were discussed heavily amongst the front-line staff, the industry, and our Management Team. These discussions and concerns led the City's Management Team to determine the scope of the contracted janitorial services contract needed to expand to include disinfecting five times per week with the electrostatic sprayers purchased with CARES Act money. This is a significant increase to the scope of work with SMS Cleaning, Inc., almost doubling the labor hours needed to service and sanitize our facilities. While amending the contract for the scope to provide the increased sanitation, changes due to prevailing wage increases are also included in this amendment. We are also request to extend the term an additional three years for efficiency as this amendment is occurring in year two of the original three-year contract term. 143 Rev. 7/ 1 S Y OF LL gTYal Federal Way 33325 8th Avenue South Wa Way, WA 98003-6325 (253) 8l (253)836-7000 ,mwrnyofiedernlwFYcom AMENDMENT NO.1 TO JANITORIAL AGREEMENT FOR JANITORIAL SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City'), and SMS Cleaning, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties', for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Janitorial Services ("Agreement') dated effective February 3, 2020, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section I of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2025 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method ofpayment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful j misdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty ofpejury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 144 AMENDMENT - 1 - 3/2017 CITY OF .t Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 uwwatyuHederal"Ycam IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim Ferrell, Mayor DATE: SMS CLEANING, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 145 AMENDMENT - 2 - 3/2017 CITY OF Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 . dNof/edemhvey cam The Contractor shall do or provide the following in addition to Services in previous Exhibits: DAILY SERVICE: ELECTROSTATIC SPRAYING e City Hall — Treat all areas not labeled in black daily (5 days week/ service — Sunday - Thursday) on maps with City Provided electrostatic sprayers. 146 AMENDMENT - 3 - 3/2017 I. City Hall First Floor Cleaning Schedules Damning Can Daily Cleaning Schedule Nmembee3013 T� New le ne Cleaned only . Ron sencetln� Weekly Cleaning Schedule Oaee ueanao washy en Sentlays Pfee cleenetl washy on Mmtleys cwu om 1 as Counmw cis - P.V k Mahe/ EO T1 .G. Pe j me.g R=m Mein'Sdha 69° al 147 148 CITY of Federal Way CITY HALL 33325 Feder8th Avenue South Federal Way, WA 98003-6325 (253) 8357000 www OlyofleOeraNmycom edera EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Six Hundred Sixty -Six Thousand Five Hundred Sixty -Five and 581100 Dollars ($666,565.58). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Nine Hundred Sixty -Four Thousand Five Hundred Eighty -Five and 58/100 Dollars ($964,585.58). 2. Method of Compensation: Payout Schedule: City Hall .................................................... $9,842.67 per month = $118,112.04 per year (City Acct#: 505-1100-331-518-30-480) Police storage office....................................$123.28 per month — $1,479.36 per year (City Acct#: 505-1100-331-518-30-480) Park/ PW Maim Facility & Green House ........... $457.18 per month = $5,486.16 per year (City Acct#: 505-1100-331-576-80-480) Sacaiawea Park .................................. (City Acct#: 001-7100-331-576-80-480) Saghahe Park ..................................... (City Acct#: 001-7100-331-576-80-480) Lakota Park ....................................... (City Acct#: 001-7100-331-576-80-480) Town Square Park ............................... (City Acct#: 001-7100-331-576-80-480) .$410.95 per month = $4,931.40 per year $410.95 per month = $4,931.40 per year ..... $1,232.84 per month = $14,794.08 per year ......$1,232.84 per month = $14,794.08 per year Additional services shall be paid out at $40.00 per hour with $20,000 additional in the contract amendment for any City requested extra services. 149 AMENDMENT - 4 - 3/2017