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04-12-2022 PRHSPSC PKTCity of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee April 12, 2022 5:00 p.m. Federal Way City Hall — Council Chambers MEETING AGENDA Notice: Due to Governor Inslee's Proclamation 20-28, the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: Click Here to Watch Online Live Streaming Video of the Meeting } Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 and password: 442570 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 March 8, 2022 Minutes 3 Action N/A B. Northwest Thermal Hydronics, LLC Retainage Release Gressett 7 Action Consent 4/19/22 C. Amendment No. 2 to the Pierce Transit Extra Duty Bunk 9 Action Consent Police Services Agreement 4/19/22 D. Acceptance of Washington Association of Sheriffs and Bunk 13 Action Consent Police Chiefs Officer Wellness Program Grant Funds 4/19/22 E. Agreement between the Washington Traffic Safety Bunk 19 Action Consent Commission (WTSC) and the Federal Way Police 4/19/22 Department to Provide Grant Funding for Traffic Enforcement Committee Members City Staff Jack Walsh, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Erica Norton K:\PRHSPS Committee\2022\04-12-2022 Agenda.doc Topic Title/Description F. Ordinance: Reckless Use of Fentanyl in Public Spaces Presenter Page Eide 37 Action Council or Info Date Action Ordinance 4/19/22 4. OTHER 5. FUTURE MEETING: The next PRHSPS meeting will be May 10, 2022 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 Jack Walsh, Chair Lydia Assefa-Dawson Erica Norton City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2022\04-12-2022 Agenda.doc City of Federal Way City Council PARKS RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 8, 2022 5:00 p.m. SUMMARY Committee Members Present: Chair Walsh and Council member Norton Committee Members Participating Via Zoom: Council member Assefa-Dawson Council Members Present: Council President Kochmar and Deputy Mayor Honda Staff Members Present: Joanna Eide, Assistant City Attorney, Deputy Police Chief Stephan Neal, Commander Kurt Schwan, Commander Tracy Grossnickle, Sarah Bridgeford, Human Services Manager, John Hutton, Parks Director, Jason Gerwen, Parks Deputy Director, and Mary Jaenicke, Administrative Assistant II. Chair Walsh called the meeting to order at 5:00pm BUSINESS ITEMS Approval of Minutes Committee member Norton motioned to approve the February 8, 2022 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. Puget Sound Energy (PSE) Power Pole Easement Staff Gerwen provided the background information. The City of Federal Way Public Works Department is working to expand Dash Point Road via the Safe Route to Schools Program. PSE needs to relocate two power poles from the Right -of -Way onto the edge of Parks Department Property in front of Lakota Park. There will not be any impact to the Park. Committee member Norton moved to forward the proposed PSE power pole relocation easement to the March 15, 2022 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion Passed. Public Comment: Michael Ferens, is a resident of Des Moines and likes to walk in Federal Way. He spoke about the large amounts of trash along the side of the roads and Sacajawea Park. Mr. Ferens is not asking for volunteers to pick up trash; he is asking that City leaders stop enabling people to litter and start empowering the Police Officers to enforce the laws for littering. He would like to be allowed to put out educational programs to reach out to schools and ask them why are they allowing people to litter and destroy the environment. Committee Chair Walsh encouraged Mr. Ferens to invite people to come out and participate in the Parks Appreciation Day event which is scheduled for April 23. If people have a sense of ownership they tend to take better care of things. Council President Kochmar recommended reaching out to the service clubs suggesting that they adopt a road. Mr. Ferens stated that he is looking for answers on how to change behaviors to stop people from littering. He would like to reach out to the schools and to teams that are using the park and the field. He's looking for enforcement. Deputy Mayor Honda recommended that he talk to the Federal Way School Board. Staff Eide stated that you can ticket people for littering but the difficulty is catching people in the act. Lawson Contracting, dba Wright Roofing, LLC Retainage Release Staff Gerwen provided the background information. The City solicited bids for the removal and replacement of the roofs on the Saghalie Restroom Buildings and Steel Lake Annex. Lawson Contracting was the lowest responsible bidder. Prior to the release of retainage on Public Works projects, the City Council must accept the `work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. The amount of the retainage to be released is $7,087.00. Committee K:\PRHSPS Committee\2022\03-08-2022 Minutes (1).doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 8, 2022 Summary Page 2 member Norton moved to forward acceptance of the roof installations at Saghalie Restroom Buildings and Steel Lake Annex as complete and authorize release of the $7,087.00 retainage to the March 15, 2022 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. 2021 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) Staff Bridgeford provided the background information. The purpose of the CAPER is to report how the City utilized CDBG funds. There are four goals in the CDBG program that were adopted by Council and approved by HUD. Those goals are to 1) Expand economic opportunities, 2) Preserve affordable housing, 3) Prevent and address homelessness and 4) Establish and maintain suitable living environments. In 2021 the City expended $1,296,482 in CDBG funds. They funded activities that provided public services and economic development activities to 1,185 Federal Way residents; majority of the funds were used to assist very low to low-income persons. Staff Bridgeford reviewed the 2021 CAPER key accomplishments which included COVID response projects and the Housing Repair Program completed four repairs with four additional repairs in progress. Committee member Assefa-Dawson moved to forward the proposed 2021 Consolidated Annual Performance and Evaluation Report to the March 15, 2022 consent agenda for approval. Committee member Norton seconded. Motion passed. Systems for Public Safety Agreement — Amendment 2 Commander Schwan provided the background information. Systems for Public Safety is a sole source provider used to outfit the vehicles and upfit them. They are asking for an increase of $900,000 to cover the remaining upfitting expenses for scheduled Replacement Reserve vehicles and the 28 approved police vehicles. The total amount of the contract is $2,100,000. It will be funded by ARPA / General Fund. Committee member Norton moved to forward the proposed Agreement to the March 15, 2022 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Jail Services Contract — Puyallup City Jail Commander Schwan provided the background information. The Department had a 3 guaranteed bed contract with the Puyallup City Jail; they were not utilizing all of those beds enough to justify the number of beds that they were pre -paying for. Changing the contract from a guaranteed 3 bed to an "as -needed" bed rate will potentially save $137,000 per year. Those savings will be put towards other booking facilities. Committee member Assefa-Dawson moved to forward the proposed agreement to the March 15, 2022 Council consent agenda for approval. Committee member Norton seconded. Motion passed. Distribution Agreement between Seattle Police Department and Federal Way Police Department Commander Grossnickle provided the background information. This is an agreement between the Seattle Police Department and the Federal Way Police Department for a laptop for Internet Crimes Against Children (ICAC) Task Force investigations. Seattle is the lead agency in the ICAC Task Force. This Task Force investigates crimes involving sensitive material and some of the material cannot be accessed through the City network computers and require a dedicated off-line computer or laptop. The Task Force provides the laptop to participating agencies at no cost. The cost of the laptop is $1,785. Committee member Norton moved to forward the proposed Distribution Agreement to the March 15, 2022 consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Puget Sound Auto Theft Task Force (PSATT) — Interlocal Cooperative Agreement Commander Grossnickle provided the background information. The PSATT was formed in 2017 and is a multi jurisdictional team Task Force that focuses on investigating and enforcing laws relating to auto theft. There is no cost to the City, the Department gets reimbursed through Washington Auto Theft Prevention Authority (WATPA). The purpose of the Task Force is to target repeat offenders. Commander Grossnickle stated that they have recovered 80 vehicles this year. Often times this involves complex interjurisdictional investigations. Committee member Assefa-Dawson moved to forward the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 8, 2022 Summary Page 3 proposed Agreement to the March 15, 2021 consent agenda for approval. Committee member Norton seconded. Motion passed. Amendment to the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2018 Deputy Chief Neal provided the background information. The Department applies for this grant every year. Accepting this grant requires no matching funds. These grants have been used for cameras, computers and software. The total amount of the grant is $41,894 and will be used for laptop computers for their cars and the "Safe City Server and Network Infrastructure." Committee member Norton moved to forward the Amended FY 2018 JAG Grant to the March 15, 2022, consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Penalty for Improper Disposal of Needles — Discussion Only Deputy Chief Neal stated that there are laws in place that address the issue of the illegal disposal of needles; it's considered littering. Littering is a Class 1 Civil Infraction and carries a penalty of $500; increasing the penalties is not something that can be done at this time. Another part of this issue is how to enforce littering laws. This law is problematic because you have to actually see someone littering. If you have someone who's in the vicinity of a bunch of needles, it's hard to prove that it was them that put those needles there. Committee Chair Walsh asked if seeing someone discard a needle could also be considered a public endangerment. Deputy Chief Neal answered that if you're going to impose a more serious charge, that person is going to have to show how they were harmed. Staff Eide added that we are unable to increase the penalty or change the penalty for the illegal disposal of needles because in state law it has been classified as an infraction. The City can't criminalize something that has been made an infraction at the state level. Public Endangerment from Second Hand Exposure from People Smoking Fentanyl in Public Places — Discussion Only Deputy Chief Neal stated there have been incidents of people smoking something that people believe is Fentanyl on the Metro buses. This issue falls under reckless endangerment and there is already a law for this; it's considered a gross misdemeanor. Discussion was held on whether or not the City should create an ordinance to address this specific issue. Deputy Chief Neal stated that enforcing this is problematic; if you're going to charge somebody for smoking Fentanyl you would have to determine that it was Fentanyl and in order to do that they would need to get a sample and then get it tested and verified that it was Fentanyl, which would be difficult to do. There's a good chance that the person has left the area. The only way you could determine what it is would be if you could get the device it was smoked in or have the person voluntarily give you a sample. Police cannot test Fentanyl because it is too dangerous; it would have to be sent to the lab to be tested which could take several weeks. Deputy Chief Neal stated that an ordinance would have to be created that goes beyond reckless endangerment. The ordinance does not have focus on just Fentanyl. Committee Chair Walsh asked that even if a person was injured or got sick from something would you still have to prove the specific substance. Staff Eide answered that the elements of the crime itself is that a person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive -by shootings that creates a substantial risk of death or serious physical injury to another person. This is a gross misdemeanor. These are difficult elements to prove, but it is supposed to be an overlay umbrella type of an offense so that it will fit the mold if somebody does create a substantial risk of death or serious injury to another person. What the substance is may play into that analysis whether or not that element is satisfied. This why the discussion is focusing on Fentanyl because it is dangerous. 2019 and 2021 Revenue/Expenditures of Celebration Park Staff Hutton presented the financial information for Celebration Park. The revenue for 2019 was $85,100 — this includes field rentals and league play. The expenses for 2019 totaled around $365,000. The total revenue for 2021 was $67,400; revenue was down due to Covid and all the restrictions that were in place because of Covid. The expenses were $365,980. Thc5main expenses include salaries and benefits, water, PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 8, 2022 Summary Page 4 power, repair and maintenance supplies, agricultural supplies athletic supplies and janitorial supplies. Discussion was held regarding renovating the fields to field turf. Staff would recommend renovating the four soccer fields first. Staff Hutton stated that if those four fields were renovated they could generate $250,000 in additional revenue. There would also be a savings in turf maintenance which includes irrigation, mowing, aerating and fertilizing. Renovating the fields would also increase the amount of games that could be played and extend the window of play; they could be used 12 months a year vs. the 5 to 6 months that they are currently being used. Renovating the fields would also open up the potential for untapped revenue streams that we have always had to say no to. There have been plenty of calls from people wanting to rent the fields for Lacrosse, Rugby, Cricket and Ultimate Frisbee tournaments. This would bring new people into the City spending money at the local businesses. Council member Norton asked if the same chemicals are still being used in field turf that cause cancer. Staff Hutton responded that he hadn't heard anything new lately, but that everything that he had read when there was the big scare about cancer causing chemicals with field turf were completely disproven. Committee member Norton said she was concerned that the city could be faced with a lawsuit if someone got sick from playing on our fields. Chair Walsh asked what the life expectancy is of field turf. Staff Hutton answered that he we have been told that it lasts 10 — 12 years and we've been getting at least 13 years out of them consistently. Other Business None NEXT REGULAR MEETING May 10, 2022 ADJOURNMENT Meeting adjourned at 6:51 p.m. COUNCIL MEETING DATE: April 19, 2022 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG 21-099 NORTHWEST THERMAL HYDRONICS LLC RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the project to replace the water heaters at the Federal Way Community Center (FWCC) as complete and authorize staff to release the retainage? COMMITTEE: PRHSPS MEETING DATE: April 12, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen, Parks Dept Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the project to replace the water heaters at the FWCC as complete and release the retainage $2,250.00 to Northwest Thermal Hydronics, LLC. 2. Do not approve the project to replace the water heaters at the FWCC as complete and do not release the $2,250.00 retainage to Northwest Thermal Hydronics, LLC and provide direction to staff. MAYOR'S MAYOR APPROVAL; 3 D 7" DIRECTOR APPROVAL: Qgd Sf24/ZoZZ, Inns 'I ate Initial ,< COMMITTEE RECOMMENDATION: "I move to forward accepting the water heater replacements at the Federal Way Community Center as complete and authorize staff to release the $2,250. 00 retainage to the April 19, 202Z consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of accepting the water heater replacements at the Federal Way Community Center as complete and authorize staff to release the $2,250. 00 retainage. " BELOW TO BE COMPLETED BY CITY CLER it s OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First rwding ❑ TABLEDMEFERREDMO AMON Enactment readtng ❑ MOVED TO SECOND READING (ardi.a.only) ORDINANCE REVISED - I V2019 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: April 12, 2022 TO: City Council Members VIA: Mayor Jim Ferrell Brian Davis, Interim City Administrator FROM: Jason Gerwen, Parks Deputy Director SUBJECT: AG 21-099 Northwest Thermal Hydronics Retainage Release F Ynancial IYYY'Jacts: The remaining cost of $2,250.00 to the City for retainage release on the new water heaters installed at the Federal Way Community Center was included within the approved budget under the Federal Way Community Center, 111-7200-351-575-51-410. In accordance with the approved budget, this item is funded by General Fund. Background Information: The City solicited bids for the replacement of the Federal Way Community Center water heaters in 2021. Northwest Thermal Hydronics LLC was the lowest responsive bidder in the amount of $49,545,00, with the Retainage amount on this public work project at $2,250.00. Prior to the release of Retainage on public works projects the City must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. 8 Rev. 7/18 COUNCIL MEETING DATE: April 19, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment No. 2 to the Pierce Transit Extra Duty Police Services Agreement POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the agreement with Pierce Transit for extra duty police services? COMMITTEE: PRHS&PSC MEETING DATE: April 12,2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT Br.__NyLe Sumpter, Deputy Chief of Police DEPT: Police Department Attachments: 1. Staff Report 2. Proposed Amendment No. 2 to the Pierce Transit Extra Duty Police Services Agreement Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMF MAYOR APPROVAL: YIAI-s COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the April 19, 2022 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed Amendment and authorize Police Chief Andy Hwang to sign said Amendment. BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE COUNCILACTION: ❑ APPROVED COUNCIL HILLN ❑ DENIED 1° reading ❑ TABLEDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordtrmnces emy) ORDINANCE H REVISED —11=19 RESOLUTION 9 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Pierce Transit Extra Duty Police Services Amendment No. 2 Financial Impacts: Costs for the Pierce Transit Amendment No. 2 are reimbursed by Pierce Transit. For 2022 FWPD has increased the billing to Pierce Transit by 5.7% to cover increases for 2022 in accordance with the 2022-2024 Guild Agreement. There will be an additional increase of 5.2% in 2023. A New Agreement will be negotiated in, 2024. There should be no negative impact to City funds or to the police department's operating budget. Background Information: The City entered into an agreement with Pierce Transit in 2018 for Federal Way police officers to work extra duty at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities, and properties in Federal Way, Washington. Amendment No. 1 extended the agreement through December 31, 2023. Pierce Transit has agreed to pay the guild police officer overtime rate for each officer working extra duty at the transit station and other properties if needed. All other items and conditions of the agreement remain the same. Officers work this job during their off -duty hours, so this does not impact regular police services for the Federal Way Police Department. This agreement actually enhances our services by putting more Federal Way police officers in service three times daily, all in uniform, at various Pierce Transit sites and facilities — primarily at the Federal Way Transit Center. l PierceTransit 3701 96"' Street SW Lakewood, WA 98499-4431 INTERLOCAL AGREEMENT AMENDMENT NO. 02 EXTRA DUTY POLICE SERVICES WHEREAS, on September 13, 2019, Pierce County Public Transportation Benefit Area Corporation (hereinafter referred to as "Pierce Transit") and the City of Federal Way, Washington (hereinafter referred to I s "City") entered into an Agreement to provide Extra Duty Police Services to Pierce Transit; and The Agreement is hereby amended as follows: Scope of Work: The Agreement allows for an annual hourly rate increase per the Federal Way Police Guild Bargaining Agreement with the City. Pierce Transit and the City have agreed to a 5.7% increase that will be effective starting January 1, 2022 through December 31, 2022. COST SUMMARY & TERMS CONTRACT SUMMARY Original Contract Amount $1,382,960.00 Previously Authorized Amendments $0.00 This Increase Amount — Amendment No. 02 $0.00 TOTAL CONTRACT AMOUNT $1,382,960.00 A. The scope of work will be accomplished on a time and materials basis, per the updated hourly rates reflecting a 5.7% increase for a fee of $81.00 per hour, per officer, in calendar year 2022. The total not to exceed contract amount shall remain $1,382,960.00. B. The expiration date of this Contract remains December 31, 2023. C. The adjustment in contract price includes and covers labor, materials, equipment, overhead, damages, if any, profits and all other costs and expenses, of whatever type, which are occasioned either directly or indirectly by the City as a result of this Amendment. D. All other items, terms and conditions, and obligations of the Contract shall remain in full force and effect except as expressly modified herein, in writing, by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract as of the day and year set forth below their signatures. PIERCE COUNTY PUBLIC TRANSPORTATION CITY OF FEDERAL WAY BENEFIT AREA CORPORATION Mike Griffus Chief Executive Officer Date Pierce Transit Agreement No. 1242 11 Andy J. Hwang Chief of Police Date CITY OF L Federal Way Centered on Opportunity This page was intentionally left blank. 12 SUBJECT: Acceptance of Washington Association of Sheriffs and Police Chiefs Officer Wellness Program grant funds. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) accept $18,200 in grant funds from the Washington Association of Sheriffs and Police Chiefs (WASPC) for activities supporting Officer Mental Wellness? COMMITTEE: PRHSPSC MEETING DATE: April 12, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORT B........................ ................................................_....__..................................._.............................................................................................................................._..................................................__.................................................................................. Attachments: 1. Staff Memo 2. WASPC Interagency Agreement Options Considered: 1. Accept the grant money 2. Reject the grant money MAYOR'S RECOMMENDATION: option 1 MAYOR APPROVAL: ,-_ __ - IRECTOR APPROVAL: C�nmitl e �% ounci India COMMITTEE RECOMMENDATION: "I move to forward the WASPC Grant Agreement to the April 19, 2022, consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WASPC Grant Agreement and authorize the Chief of Police to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 13 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Acceptance of Washington Association of Sheriffs and Police Chiefs Wellness Program Grant Money Financial Impacts: There will be minimal impact to City funds by accepting $18,200 in grant funds for Officer Mental n Sales 1 1 1 1_ _ A __.]11 I_ 1_ 1- 1 L_ 'L,..,.,.1. Wellness activities. Sales Lax may not be covered oy tilt' gl UIR a11U WI11 M aoSor UGU by the police department's operating budget if that occurs. Background Information: The Federal Way Police Department (FWPD) will receive grant funding from the Washington Association of Sheriffs and Police Chiefs (WASPC). The grant money will be used to fund the availability of Mental Health Providers (MHPs) for police employees. The grant is for a total of $18,200 provided in two installments. The company "inLife Clinic" was chosen as the MHP provider. This organization already provides MHPs to other local law enforcement agencies, including Issaquah PD, Redmond PD, King County SO, and Seattle PD. This is a difficult period in law enforcement. Law enforcement is seeing higher levels of officer anxiety, depression, burnout, and PTSD during this time. Suicide rates among officers are on the rise. Emotional exhaustion, frustration due to changing laws impacting law enforcement work, and higher rates of officers leaving law enforcement leave fewer people to cover shifts, increasing workload for remaining officers. This grant will support officer mental wellness efforts by providing a Mental Health Professional (MHP) on site for police employees. Discussions between police employees and the MHP are confidential, critical to ensure full support for the officers. Officers need a safe place to talk about the things that are impacting how they function on the job and at home. One goal of this program is to provide support and intervention before an officer turns to negative behaviors that can ultimately lead to addiction or suicide. Activities under this grant do not provide ongoing therapy, but it will include triage and referrals when needed to make sure officers receive the mental health and wellbeing support they need. These funds and the activities they support are an investment in our officers that costs far less than replacing an officer who has become overwhelmed by the trauma of accumulating critical incidents, or perceptions of betrayal, which are too often self -treated by addictive behaviors and can lead to contemplating suicide. It also provides a support system that is separate from the 1 14 usual chain of command, providing support to people of all ranks. Confidential conversations will also ensure a "safe place" for discussing difficult topics, that may make it easier for officers to open up and receive the assistance they may need. In addition to individual counseling, the on - site MHP will be available for our Peer Support Team and for Critical Stress Management Debriefings (CISD). The grant also requires officers to take two surveys. One is related to stress and the other to sleep patterns. This data will be reviewed by the Washington State Department of Health. The results of the pilot projects funded by this act (SB 6570) and recommendations regarding the continuation of these programs, will be studied. The best practices and policies for providing mental health services and preventing law enforcement suicide will then be identified and recommendations on resources and technical assistance to support law enforcement agencies in preventing law enforcement suicides will be made. 2 15 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT —SPECIFIC TERMS AND CONDITIONS BEHAVIORAL HEALTH SUPPORT AND SUICIDE PREVENTION GRANT OVERVIEW: The Washington State Legislature has allocated funding to the WA Association of Sheriffs and Police Chiefs to establish a behavioral health support and suicide prevention program for law enforcement officers. The program will award grants to leverage access to mental health professionals, critical stress management and resiliency training. WASPC will award funding up to $300,000 for the period of March 15, 2022 to June 30, 2022 and up to $300,000 for the period of July 1, 2022 to June 30, 2023. The purpose of these funds are to support agencies creating or expanding any officer wellness programs. AGREEMENT: This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the FEDERAL WAY POLICE DEPARTMENT (hereinafter referred to as the RECIPIENT). Award Recipient Name and Address: 33325 8th Ave S Federal Way, WA 98003 Project Title BH Support and Suicide Prevention Grant (Officer Wellness) Agreement No: OW -Federal Way 22-23 Grant Award: FY2022-$7,536.00 FY2023-$10,644.00 Total-$18,200.00 Agency Contact: Raymond Bunk Title: Commander Email: Ra mond.bunk cit offederalwa .com Phone: 253-835-6746 Funding Cycles FY2022: March 15, 2022 — June 30, 2022 FY2023: July 1, 2022 — June 30, 2023 Funding Authority: WA Association of Sheriffs and Police Chiefs Service Area: Federal Way The WASPC point of contact for the Behavioral Health Support and Suicide Prevention Grant is Terrina Peterson, Programs Coordinator, 360-486-2386 or tpetersonewaspc.org. FUNDING SOURCE: Funding for this AGREEMENT is provided to WASPC through the Criminal Justice Training Commission from the State of Washington. These are state funds allocated by the Washington State Legislature. Funding awarded the RECIPIENT shall not exceed the amount shown above. 16 SCOPE OF WORK: Grant recipient shall: 1. Expand peer support team 2. Contract with MHP for onsite visits 3. Provide additional wellness training to personnel and families APPROVED BUDGET 2022 March 15 zuzz to June su zuzz In -Kind Total Project Grant Funds Budget Line Item Resources I Value 1. Professional Services/Public Agency Contracts $7,536.00� $ $7,536.00 Wife Clinic-MHP Totals _ I $7,536.00 I $ - 1 $7,536.00 APPROVED BUDGET 2023 (July 1, 2022 to June 30, 2023): Grant Funds in -Kind Total Project Budget Line Item Resources Value r 1. Professional Services/Public Agency Contracts $10,644.00 $ - - $10,644.00 InLife Clinic-MHP Totals $10,644.00 $ - $10,644.00 DATA COLLECTION AND REPORTING: All data reports shall be made using the WASPC report form located at htt sa/was c.formstack.corn/forms/behavioral health su ort and suicide revention rant re ork form To the extent possible, the following data elements shall be submitted by April 15, 2022: 1. Unplanned leave (number of shifts) per month from April 2021 to March 2022 2. Scheduled leave (number of shifts) per month from April 2021 to March 2022 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints from April 2021 to March 2022 5. Number of Use of Force incidents from April 2021 to March 2022 6. Distribute Stress and Sleep surveys to all agency personnel To the extent possible, the following data elements shall be submitted quarterly July 15, 2022; October 15, 2022; January 15, 2023; April 15, 2023. 1. Unplanned leave (number of shifts) per month during the quarter 2. Scheduled leave (number of shifts) per month during the quarter 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints per month during the quarter 5. Number of Use of Force incidents from during the quarter 17 To the extent possible, the following data elements shall be submitted by July 15, 2023: 1. Unplanned leave (number of shifts) per month from April 2023 to June 2023 2. Scheduled leave (number of shifts) per month from April 2023 to June 2023 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints from April 2023 to June 2023 5. Number of Use of Force incidents from April 2023 to June 2023 6. Distribute Stress and Sleep surveys to all agency personnel 7. Final report/summary of the program INVOICES FOR REIMBURSEMENT: Invoice submission will document the following: • Employee hours related to officer wellness work • Professional contract • Training and/or Speaker Costs ® Equipment Costs Invoices shall be submitted to WASPC by the 15th of each month using an A-19 voucher. SIGNATURE: IN WITNESS WHEREOF, WASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. For WASPC For RECIPIENT Name: Steven D. Strachan Name: Andy Hwang Title: Executive Director Title: Chief Agency: Washington Association of Agency: Federal Way Police Department Sheriffs & Police Chiefs Date: March 15, 2022 Date: Signature: Signature: 18 COUNCIL MEETING DATE: April 19, 2022 ITEM #: .....................................................................................:......................................................................................................--........................................................................................................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $5,000.00 from the WTSC for the Walker and Roller traffic safety grant project? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE (PRHS&PSC) April 12, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police ...........................................................................................................-....................................................................................................................................................................................................................................................................................................................................................................... Attachments: 1. PRHS&PSC Memo 2. IAA Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2e Reject Proposal MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: w DIRECTOR APPROVAL: Co itteeou$cil` Initial/D e Initial/Da Initial/Dat COMMITTEE RECOMMENDATION: "I move to forward the WTSC Grant Agreement to the April 19, 2022, City Council Consent Agenda for approval" Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WTSC Agreement and authorize the Chief of Police to sign said agreement. " (BEL OW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # 19 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the Federal Way Police Department The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day-to-day staffing level. However, increasing the number of officers on patrol at any one time yields better enforcement coverage and can promote a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from various grants. The WTSC has identified areas along SR 99 (Pacific Highway S) including in Federal Way where an emphasis on changing the behavior of walkers, rollers (people riding hover boards, electric scooters, etc.), and pedestrians is necessary to improve walker/roller/pedestrian safety and reduce collisions with motor vehicles. Often these collisions result in serious injuries and death. The WTSC created a "Walker/Roller" grant to allow the Federal Way Police Department to be reimbursed for conducting extra enforcement for drivers engaging in high risk driving behaviors around walkers, rollers, pedestrians. The Program Manager informed the recipient cities what amount they would receive. The agreement total to be split between various cities is $25,200; the Federal Way Police Department was awarded up to $5,000 of that to work overtime needed for enforcement. The goal of the grant is to reduce traffic related collisions with walkers, rollers, and pedestrians through focusedenforcement and education. This agreement would allow the City of Federal Way to put more of its police. officers on the road specifically focused on these traffic safety and enforcement goals without having to expand its current budget as the grant will reimburse the overtime expenses for these efforts. 20 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission MIt FEDERAL WAY POLICE DEPARTMENT THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and FEDERAL WAY POLICE DEPARTMENTS hereinafter referred to as "SUB -RECIPIENT." NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance. Listings Catalog of Federal Domestic Assistance (CFDA) number 20.616, for traffic safety grant project 2022-AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program, specifically to provide funding for the law enforcement agencies in WTSC Region 7/8 to conduct overtime walker/roller safety enforcement as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes. Grant 2022®AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program was awarded to the Kent Police Department and the Ding County (WTSC Region 7/8) to support collaborative efforts to conduct walker/roller safety enforcement activities. By signing this agreement, the SUB -RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in 2 022-AG-43 0 1 -Kent- Pacific Highway (SR 99) South Walker and Roller Program. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2021, and remain in effect until September 30, 2022, unless terminated sooner, as provided herein. 21 3. STATEMENT OF WORK Note: This statement of work applies only to Walker/Roller Safety Enforcement for traffic safety areas which your region has received funding. GOAL: Positively change walker; roller, and motor vehicle driver behaviors through law enforcement patrols and media efforts. Engage multiple law enforcement agencies along Highway 99 in South King County in the design, implementation of enforcement, community outreach and education activities for the project period. STRATEGY: Prevent drivers from engaging in high risk behaviors related to walkers and rollers by increasing drivers' perception of the risk of being stopped by a patrol officer. This perception is achieved through 1) an increase in media messages and outreach about upcoming emphasis periods so that the targeted drivers know when the patrols will occur and what will be enforced and 2) during the patrols, drivers have the perception of increased enforcement because they can see a significant and noticeable increase in law enforcement presence and activities that reinforces the media messages they received and influences them to modify their driving behavior and 3) officers who stop drivers will use the stop to educate drivers on the importance of sharing the roadways with walkers and -rollers and applicable la-VYs violated by the A--, importance OBJECTIVES: There are several requirements identified for the Walker/Roller Safety Project along Highway 99 in South King County. The SUB -RECIPIENT agrees to follow all seven of these requirements. 1. Implement the mobilization plan developed by the local traffic safety task force the enforcement that includes: a. Problem. Statement b. Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations. c. Public outreach strategy that targets the drivers most likely to contribute to traffic crashes. d. Evaluation plan 2. The event is data driven. This means data (such as traffic crash data) is used to identify the locations where the enforcement should occur and drivers with the highest potential of causing traffic crashes. 3. The enforcement is multijurisdictional and uses a saturation approach. This means SUB -RECIPIENT is coordinating its efforts with adjacent law enforcement agencies so that the driving public has the perception of law enforcement omnipresence on the targeted roads. 4. bly s The p� i made aware of the event before Burin and after the enforcement takes place. This �„ a means that messages reach all target audiences in the community, regardless of English proficiency, who use the targeted transportation system. Local outreach and public education campaigns will take place during the enforcement period. 5. Officers are encouraged to educate drivers about walker and roller laws and safety during traffic stops. 22 6. The SUB -RECIPIENT deploys resources to enforce traffic laws in priority areas throughout the year when this project not being implemented. In addition, SUB -RECIPIENT agrees to all of the following requirements for walker/roller safety enforcement: Use the WEMS system provided by the WTSC to record all activities conducted by their commissioned officers. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 2. All participating staff receive a briefing prior to the event so that every participant understands and can explain all of the items on the briefing list below. This can be done in person (preferred) or electronic via telephone, email, or virtually. ® Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted locations and driving behaviors ® List of on -call DREs and request procedures ® Plow to fill out their digital activity log in WEMS ® Information on how the Mobile Impaired Driving Unit will be used (if applicable) ® Dispatch information ® All Participating officers ® Spotter processes (if applicable) ® Available Draeger machines and locations (if applicable) 3. To utilize all available media platforms it has available (website, email newsletters, social media etc..). 4. Participating officers should make as many contacts as they can during these patrols to positively influence driving behavior. Mobilization Dates Walker/Roller Safety Enforcement April 10 —April 23 Other dates could be identified by the task force. TBD 3.2. COMPENSATION 3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance of the overtime work shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written 23 Amendment to this Agreement executed by both the.WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active meniblers of the Region 7/8 traffic safety task_ force with a fully executed grant agreement are eligible to participate in this grant. Agencies may also be compensated at the straight time rate in lieu of overtime. 3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: ® FICA ® Medicare ® Any portion of L & I that is paid by the employer (SUB -RECIPIENT) ® Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending this agreement. Grant funds should be managed collaboratively by the SUB -RECIPIENT and the TZM. These alterations must be requested through email communication among all involved parties, including the TZM, and the WTSC Fiscal Analyst. This communication shall include an Allocation Adjustment form, which details the funding alterations. Funds within the same enforcement campaign budget category only, can be increased and decreased across parties, so long as the modified total does not exceed the regional total allocation per funding category. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings likefirearm qualification. 3.2.5. The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.2.6. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate 24 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $25,200 in 2022-AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program for the purpose of conducting coordinated Walker/Roller Safety Enforcement activities. By signing this agreement, the SUB -RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM in order to be eligible for reimbursement. The funding for Region 7/8 is as follows: alker/Roller Safety Enforcement $25 ection 405, CFDA 20.616) 3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be commingled between categories. 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, 25 oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under, this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the fiinds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbuTsement of enforcement activities will be done using the WTSC's grant management system, WEMS WEMS Officer Activity logs will be attached to invoices, directly linking the, cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required inmost cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account . transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2022, must be received by WTSC no later than August 10, 2022. All invoices for goods received or services performed between July 1, 2022 and September 30, 2022, must be received by WTSC no later than November 15, 2022. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,. brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for 26 federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director: The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties; losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or 27 subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work- under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION. The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records; documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them. a reasonable opportunity to respond. Each Party will utilize reasonable security procedures f3 and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. 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 Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held 29 invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects. with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of 1, ;1„«:.. ' 1 t'..«. A 4o,-,Y.n— to 4,:s A m<.nt imrnai�lio4elcr At tha AXT'� QC"c, dicoretinn- the 9 U411 1ai1111G V1 violation, and may L1.-mmu,11a LL L111J I -I. eel -MI .1111111vacM 1.y. 1 — 1v vV , •-+ SUB -RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices. 30 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUE-RECIPIENT's employees, agents, or sub -contractors. 31.. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART is R 1300 APPENDIX 6 32. BITS' AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33A. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 31 33.4. The terms covered transaction, debarment; suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a 1 a + +; +1..,+ '+ ' + f A 1, 4 --I-- A Q (, WT? r rt Q ciiUr Qrt Q L] lower tier covercu C1Cf.ubaULAM 1 IaL it is9 wit proposed 1Vr ileuar..enL iittuet -ry a.r ba 1latV i, ruv�uac i.-r, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 32 34 THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 81031 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. 35 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated 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 awarding of any federal contract, the making of any federal grant, the making of any federal loan, the 33 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require -that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required 411 verLiidiJatifllY s1Ya11 be ui.i J et+L- to a civil v il. �i eYYE41ty of Stilt less than 'P I V,V V V anu iiot 11YorlJ tYlall .gyp 111,101 iv I each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set.forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.L4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement; in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 34 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., 66grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all Y„-, llnirntinr,.-, notices- and reimbursement regarding this Agreement: vva--____ .. _ - --- f --- --- - -, The Contact for the SUB- RECIPIENT is: - - The Target Zero Manager for Region 7/8 is® The Contact for WTSC is: Lt. Brigham Schulz Sara Wood Jessie Knudsen FederalWay PD Region 8 Target Zero Manager Program Manager Brigham.Schulz@cityotfe,deralway.com swood@kentwa.gov jknudsen@wtsc.wa.gov 253.835.6743 253-856-5856 (360) 725-9888 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN FITNESS WHEREOF, the parties have executed this Agreement. 9 Signature Printed Name 1 Title / Date Signature Printed Name Title Date 35 CITY OF L Federal Way Centered on Opportunity This page was intentionally left blank. 36 COUNCH. MEETING DATE: April 19 2022 ITEM N: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RECKLESS USE OF FENTANYL IN PUBLIC SPACES. POLICY QUESTION: Should the Council adopt an ordinance creating.a gross misdemeanor for the reckless use of fentanyl in public spaces to address the public safety and health risks of second-hand exposure to fentanyl? COMMITTEE: PRHSPSC MEETING DATE: April 12, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY_, Joanna Eidet Assistant City Attorney__ DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYORAPPROVAL: APPROVAL: C3 N;'s mAm1mda COMMITTEE RECOMMENDATION: `Y move to forward the proposed ordinance to First Reading on the April 19, 2022, Council meeting agenda." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (APRIL 19, 2022): "I move to forward the proposed ordinance to the May 3, 2022, Council Meetingfor Second Reading and enactment. " SECOND READING OF ORDINANCE (MAV 3, 2022): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEIYDEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordlnaaoes only) ORDINANCE# REVISED- 11=9 RESOLUTION # 37 CITY OF FEDERAL WAY MEMORANDUM DATE: March 24, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, Interim City Administrator Ryan Call, City Attorney FROM: Joanna Eide, Assistant City Attorney SUBJECT: Ordinance: Reckless Use of Fentanyl in Public Spaces Financial Impacts: Enforcement of this ordinance would be done with existing staff and resources. Background Information: There have been increasing concerns about the public use of fentanyl and risks to individuals and public health due to second hand exposure to this dangerous drug. Fentanyl is a potent, dangerous substance, capable of causing serious physical injury or death to a person through exposure to even very small amounts — as little as 2 mg can be fatal. Recent local news reports about the public use of fentanyl detailing experiences of people regularly witnessing this dangerous behavior have raised concerns within the City. Use on public buses has been specifically pointed out as being extremely dangerous to the public. In response to these concerns, the Mayor directed City staff to draft an ordinance to address the public's exposure fentanyl through second-hand smoke or public combustion of fentanyl. The proposed ordinance makes it a gross misdemeanor to use fentanyl or fentanyl-laced products in public within 10 feet of another person or when in an enclosed space or vehicle with the public. 38 Rcv. 7/ 18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to public exposure to fentanyl smoke and adding new section to Chapter 6.35 FWRC. WHEREAS, the right of the inhabitants of the City of Federal Way to personal safety and security while in public spaces is of the utmost importance and essential to a healthy, safe, and prosperous community; and WHEREAS, fentanyl is a dangerous substance, classified as a Schedule II drug, capable of causing serious physical injury or death to a person through exposure to even veiy small amounts of the substance. According to the United States Drug Enforcement Administration, just 2 milligrams — the size of about 5 grains of salt — of fentanyl can be fatal. The National Institute for Occupational Safety and Health has stated that illicit fentanyl sold in the illegal drug market is commonly mixed with other illicit drugs to increase the potency of the other drugs such as heroin, methamphetamine, and cocaine, which in turn increases the risk of a fatal interaction of the mixed drugs or an overdose of the fentanyl itself, and WHEREAS, data from the 2021 WA State Syringe Service Program Health Survey shows fentanyl overtook methamphetamine as the drug most involved in overdoses in Washington state in 2020, in part due to its potency and widespread availability, a trend that continues; and WHEREAS, studies have shown consumption by smoking of narcotics, opiates, and other dangerous drugs is increasing, posing increased risk of second-hand exposure to innocent members of the public; and Ordinance No. 21- Page 1 of 4 Rev 1/21 39 WHEREAS, due to its potency, high levels of toxicity, and potentially lethal effects in small amounts, second-hand exposure to fentanyl can pose significant risks of physical injury and even death of uninvolved, innocent bystanders. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Council hereby finds that smoking fentanyl or drugs laced with fentanyl in public where innocent bystanders can be exposed to potentially toxic amounts of the substance constitutes a serious threat of harm or death to the public; the Council further finds that intentionally exhaling fentanyl fumes is a behavior so careless of others' safety that no reasonable person would engage in it. Section 2. Chapter 6.35 of the Federal Way Revised Code is hereby amended to add a new section 6.35.015 to read as follows: )Reckless Use of Fentanyl. (1) A person is guilty of Reckless Use of Fentanyl if the person: (a) Intentionally combusts or exhales the smoke of a substance the person knew or reasonably should know contains, or is contaminated with, fentanyl; and (b) The combusted or exhaled substance does, in fact, contain fentanyl as determined by a presumptive drug test, such as a "NIK" test, or testing by the state toxicology lab; and (c) Does so while in a public space and within 10 feet of another person, or while inside an enclosed public space with another person. Ordinance No. 21- Page 2 of 4 Rev 1/21 40 (2) For the purposes of this section, "public space" includes, but is not limited to, a public conveyance, park, transit stop, or other place open to the public. (3) Reckless Use of Fentanyl is a gross misdemeanor, punishable by up to 364 days in jail, a $5,000 fine, or combination of both. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 Ordinance No. 21- Page 3 of 4 Rev 1/21 41 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: References: 1. Facts about Fentanyl, U.S. Drug Enforcement Administration (DEA), https://www.dea.gov/resources/facts-about-fentanyl. 2. See Fentanyl: Incapacitating Agent, National Institute for Occupational Safety and Health (NIOSH), https_://www_cdc,gov/niosh/ershdb/emm4encyresp,onsecard 29750022,htrnl. 3. Syringe program user surveys shows `stunning' fentanyl surge, UW Medicine Newsroom, March 8, 2022: l ttps:Hnewsroom_uw.edu/news/syringe-pro rapj-juser- urvey_- shows-stunning-fentanyl-surge. 4. Kingston S, Newman A, Banta -Green C. Results from the 2021 WA State Syringe Service Program Health Survey. Seattle, WA: Addictions, Drug & Alcohol Institute, Department of Psychiatry & Behavioral Sciences, University of Washington, February 2022, https:Hadai.uw.edu/syringe-survey-2021/. Ordinance No. 21- Page 4 of 4 Rev 1/21 42