09-20-2022 Council Packet - RegularCITY OF
deral W
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
City Hall — Council Chambers*
*remote attendance option available via zoom
September 20, 2022 — 6:30 p.m.
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:
• Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast)
• Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782
• Public Comment may be submitted in -person or online here; written comments are accepted here.
• Zoom meeting code: 363 503 282 and passcode: 738163
CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MAYOR'S EMERGING ISSUES AND REPORT
• Recent Events: South King Fire 9/11 Memorial on September 11; King County Regional
Library's Science & Technology Maker Space opening on September 17
• Upcoming Events: Mayor's Day of Concern Annual Food Drive — Sat, September 24
• Follow-up regarding Police Report — John Hutton, Parks Director
C1199161LviI►vi14LI11110
RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for
election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of
Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment.
The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey
or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings
of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments
are limited to 3 minutes each.
5. PRESENTATIONS
a. Proclamation: National Hispanic Heritage Month — September 2022
b. Proclamation: National IT Professionals Day — September 20
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Land Use/Transportation Committee (LUTC)
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
Council Committee and Regional Committee Reports continued...
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Deputy Mayor & Regional Committees Report
• Council President Report
7. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members and
brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: September 6, 2022 Regular Meeting
b. Amendment 2 Underground Utility Locating Correction
c. Department of Commerce Grant Authorization Request
d. King County Registered Sex Offender Cost Reimbursement Agreement
e. Puget Sound Auto Theft Task Force (PSATT) - 2022 Mini Grant Award
f. Agreement between the Washington Traffic Safety Commission (WTSC) and the
Federal Way Police Department to Provide Grant Funding for Traffic Enforcement
g. Criminal Justice Training Commission (CJTC) Basic Law Enforcement Academy
(BLEA) TAC-Officer Agreement
h. Contracted Electrical Services Request for Quotes
8. PUBLIC HEARING
a. 2021 Comp Plan Amendment and Development Agreement for the former Bally's
Property (continued from August 9, 2022)
• Staff Report: Natalie Kamieniecki, Associate Planner
• Public Comment — 3 minutes each
9. COUNCIL BUSINESS
a. Mayor presents 2023-2024 Proposed Biennial Budget
b. Youth Commission Reauirements
First Reading
a. Council Bill #828/Ordinance:2021 Comp Plan Amendment and Development
Agreement for the former Bally's Property
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY COMPREHENSIVE PLAN, COMPREHENSIVE PLAN MAP, AND
ZONING MAP, CHANGING THE COMPREHENSIVE PLAN DESIGNATION AND
ZONING OF 6.00 ACRES LOCATED AT THE SOUTHEAST CORNER OF 1ST
AVENUE SOUTH AND SOUTH 328TH STREET, PARCEL NUMBER 172104-9038,
FROM OFFICE PARK (OP) TO MULTI FAMILY (RM 1800), AND ADOPTING AN
ASSOCIATED DEVELOPMENT AGREEMENT. (AMENDING ORDINANCE NOS.
90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462,
05-490,
5-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798,
18-843, 19-866 AND 21-907)
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
• Staff Report — presented during the public hearing
• Public Comment — 3 minutes each
11. COUNCIL REPORTS
12. EXECUTIVE SESSION
• Collective Bargaining Pursuant to RCW 42.30.140(4)(b)
• Potential Litigation Pursuant to RCW 42.30.110(1)(i)
13. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
Regular Meetings are recorded and televised live on Government Access Channel 21.
To view Council Meetings online please visit www.cityoffederalway.com.
CITY OF
k Federal Way
PROCLAMATION
"National Hispanic Heritage Month"
WHEREAS, National Hispanic Heritage Month celebrates the Hispanic and Latino
community and highlights its countless achievements; and
WHEREAS, Hispanic Americans represent a significant and fast-growing demographic
of the City of Federal Way; and
WHEREAS, the Hispanic Heritage observance began in 1968 as Hispanic Herita e
Week commemoration, first introduced by Congressman George E. Brown in June 1968,
under President Lyndon Johnson; and
WHP-REAS, Hispanic Heritage observance was expanded by President Ronald Reagan
in 1998 to cover a 30-day period starting on September 15 and ending on October 15;
and
WHEREAS, this month's theme, "Unidos: Inclusivity for a Stronger Nation," is from
Ms. Ily Soares. Ms. Soares reminds us having diverse voices in decision making will
produce more thoughtful decisions, which read to more positive impacts for our,
communities of color and everyone as a whole. ,
WHEREAS, National Hispanic Heritage Month acknowledges and appreciates the deep
history, rich heritage, and invaluable contributions made by the ancestors of community
members who came from Mexico, Spain, the Caribbean, South and Central America; and
WHEREAS,. the independence anniversary for Latin American countries El Salvador,
Guatemala, Costa Rica, Nicaragua, and Honduras is September 15, followed by the
independence days of Mexico on September 16, and Chile on September 18; and
WHEREAS, Hispanics have enhanced and added to our national character with centuries
old traditions that reflect the multi -ethnic and multicultural customs making our nation
stronger and richer in culture; and
NOW THEREFORE, we the undersigned Mayor and City Council of the City of
Federal Way,, do hereby proclaim September 15 — October 15, 2022 as, National
Hispanic Heritage Month and do encourage all community members of Federal Way to
honor and celebrate Hispanic roritributions and culture to our city's diversity.
SIGNED. this loth day of Seltember„ 2022
FEDERAL WAYMAYOR AND CITY COUNCIL
•
im Ferrell, Mayo
I5usan Honda,peputy Mayor
Walsh, Councilmember
dl
- t �".: Lo-c��
Linda Kochmar, Council President
1k
CITY OF
1. Federal Way
PROCLAMATION
"National IT Professionals Day"
WHEREAS, National Information Technology (IT) Professionals Day celebrates IT
technicians and analysts, developers and architects, engineers and administrators,
managers, directors, and others who work behind -the -scenes to ensure our complicated
city computer systems are safe and running smoothly; and
WHEREAS, as witnessed in the regional and national news, defending against cyber-
security threats and system vulnerabilities is a very real threat which requires a vast
range of technology knowledge and computer system security awareness; and
WHEREAS, Federal Way IT staff' often work weekends to maintain and upgrade
citywide systems and security measures to mitigate against such cyber threats; and
WHEREAS, government, and specifically Federal Way, have embraced technology and
have become more dependent upon it daily for public outreach, permits, courts and law
enforcement, engineers, attorneys and accountants, human resources and others; and
WHEREAS, when these operations are running smoothly, it can be easy to forget about
IT Professionals, until the system goes down or devices stop working properly, and they
become the most important people in the building; and
WHEREAS, we celebrate and thank our Information Technology team of Thomas,
Brian, Erik, Anna, Jerry, Xiao, Colby, Yegor, Terry, and Anthony for their contributions
to maintaining and enhancing the systems and technology we depend on daily.
NOW THEREFORE, we, the Mayor and City Council do proclaim September 20, 2022
as National IT Professionals Day in Federal Way and extend appreciation to our
dedicated City of Federal Way technology team who keep us able to conduct the business
of the city and provide the services'that are necessary for our citizens.
SIGNED this 2oth day of September, 2022
FEDERAL WAYMAYOR AND CITY COUNCIL
l
;m Ferrell, Mayor f r
uty Mayor
Councilmember
Ish, Councilmember
&� a cJ— -��•
Linda Kochmar, Council President
Ho_ang V. TAyr-6quncilmember
COUNCIL MEETING DATE: September 20, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
ITEM #:
POLICY QUESTION: Should the City Council approve the draft minutes for the September 6, 2022 Regular
Meeting?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
Attachments:
Draft minutes for the September 6, 2022 Regular Meeting
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
N/A CITY CLERK APPROVAL:
Council
Initial/Date
N/A
N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERK's OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 4/2019
RESOLUTION #
CITY of
V� Federal Way_T
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers*
*remote attendance option available via zoom
September 6, 2022 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:34 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor
Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, and
Councilmember Jack Dovey.
Councilmember Jack Walsh remotely attended. Mayor Ferrell excused Councilmember Tran.
City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City
Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. MAYOR'S EMERGEING ISSUES AND REPORT
Recent Community Events
Mayor Ferrell reported on recent events in the community including the Amazon Fresh
Ribbon cutting on August 11; Movies at Town Square Park on August 13; the Performing
Arts and Event Center 5th Anniversary on August 19; and the Annual Lions Club Car
Show on August 2.
Update on King County Landmarks Commission — Camp Kilworth
Mayor Ferrell reported the Landmarks Commission unanimously voted to approve the
application making Camp Kilworth the first Historic Landmark in Federal way.
Report on Licensing Requirements for Hotels and Motels
Interim City Administrator Brian Davis provided updated information from FWRC
12.35.070 on the standards of safety and operation as identified in licensing
requirements for permanent supportive and transitional housing, or emergency housing
and shelter. Included is a requirement for a written security and emergency plan;
prohibition of direct intake of residents without a referral; and the requirement to have a
Federal Way City Council Regular Minutes Page 1 of 6
September 6, 2022
manager or operator on the premises at all times. Community Services Manager Sarah
Bridgeford provided additional information and answers to Council questions.
Council asked clarifying questions regarding violations and the process for revoking a
license after it is issued if there is a high volume of violations.
4. PUBLIC COMMENT
Rebecca Martin, the CEO of the Great Federal Way Chamber of Commerce, stated. the Chamber
is withdrawing their application for ARPA funds.
Mary Ehlis gave thanks to the many people involved in helping make Camp Kilworth a historical
landmark; she was appreciative of the hard work over the years to save the camp.
Nadiya Sheckler celebrated the designation of Camp Kilworth becoming a historical landmark, but
raised awareness that the buildings are still in need of restoration in order to truly preserve the site.
Dawn Meader McCausland gave thanks for the continued support of the camp and encouraged
volunteers and leaders to help with the upcoming challenge of fundraising and restoring the
buildings.
Suzanne Vargo celebrated this first historical landmark for Federal Way and encouraged citizens
to apply for more landmarks in Federal Way and was grateful to be a part of this process.
Council President Kochmar and Deputy Mayor Honda thanked Mary Ehlis and everyone
involved who worked for many years to save Camp Kilworth.
Jim Ross expressed concerns about the Eastwind Motel and illegal activity happening there. He
inquired to why a police report was not filed for a recent theft which included his property.
Mayor Ferrell asked staff to follow-up with Mr. Ross and provide an update at the next City
Council Meeting.
Geoffrey Tancreadvocated for Catrise Dennis and the positive results she is accomplishing
through her education program. Mr. Tancredi inquired how to go about requesting ARPA funding to
help Ms. Dennis' school.
Ken Blevens is frustrated the city does not do more to stand up to King County policies, and believes
spending should be focused on programs for addiction opposed to homelessness. He expressed
his disappointment with legislative decisions.
David Harrelson, with Federal Way Public Market, asked council to consider allocating ARPA funds
into the development of a public market.
Anne Michelle Hart advocated for a public market which could be used to help people build
businesses and learn valuable skills.
Rose Ratteray expressed her enthusiasm to be attending a council meeting in person again.
Betty Taylor raised awareness for gun violence and homicides taking place in Federal Way. She
will continue to advocate for this issue even if she is the only one.
Federal Way City Council Regular Minutes Page 2 of 6
September 6, 2022
Greg McCann, Vice President of the Federal Way Public Market, requested ARPA funds for a
feasibility and site analysis for a public market. He believes this request fits the ARPA guidelines.
Josias Jean-Pierre expressed concern about the Chamber of Commerce and the Federal Way
Mirror are requesting ARPA funding. He also asked for a status update on a street to be named
after John Conna.
Juan Luis Juarez Ramos expressed concerns about increased drug use on Military Road and
shared a personal account of an armed man near the Chase Bank.
Anna Patrick shared information from a King County meeting regarding implementation plans for
the Restorative Community Pathways Program. She feels the city is being hit hard with regional
tax-exempt properties and the city should be pushing back.
Brenda Mbaau provided comments virtually to provide updates regarding the Virginia Mason
Franciscan Health Violence Prevention Initiative and the work they are doing with youth in the
community.
5. PRESENTATIONS
a. Proclamation: Constitution Week — September 17-23
Deputy Mayor Honda read and presented the proclamation to Sue Walker on behalf of
NSDAR (National Society Daughters of the American Revolution), Lakota Chapter. Ms.
Walker thanked the Mayor and Council for recognizing the importance of the US
Constitution and the 235th anniversary of its signing. The US constitution the oldest still
in use in the world today; she encouraged everyone to celebrate this anniversary by
being better informed citizens.
b. Proclamation: National Recovery Month — September 2022
Councilmember Assefa-Dawson read and presented the proclamation to Jamie Lee,
Behavioral Health Provider Relations Specialist with King County Behavioral Health and
Recovery Division. Ms. Lee, a Federal Way resident, thanked the Mayor and Council
and spoke to the importance of recovery.
c. City of Federal Way Regional Labor Study
Dr. Ali Modarres, University of Washington -Tacoma, provided a high-level briefing of the
Workforce Analysis completed by the Center for Applied Urban Research. He was
pleased to report Federal Way, is an amazing location for labor development, due its
location and infrastructure such as the light rail.
He referenced the graphs included in the report which detail job change and growth;
industry growth/decline; worker earnings; and top growing industries. Dr. Modarres
suggested mixed use development would be key and medical technology would be an
ideal industry to attract. The Council thanked Dr. Modarres for his presentation and
information; they were interested in this data and requested more information at a future
Council Committee meeting to discuss further.
Federal Way City Council Regular Minutes Page 3 of 6
September 6, 2022
Councilmember Walsh lost remote connection and dropped from the remainder of the
meeting.
d. Update from Diversity, Equity and Inclusion Analyst
Diversity, Equity, and Inclusion Analyst Kia McGlone provided an update on her
progress in this new position over the last 6-months. She overviewed many
accomplishments including competing the Annual Title VI report to WSDOT; outreach
and community engagement with the Neighborhood Traffic Safety Program; and a
positive community service engagement with the Sikh Community. She was also
pleased to announce the addition of the Language Line for city staff for translation
services of 255 languages available on a 24/7 demand.
Council thanked Ms. McGlone for her presentation and work for the city and in the
community.
e. Update regarding King County Grant for Small Business and Community Groups
Impacted by COVID-19
Community Services Manager Sarah Bridgeford provided an update on a previously
accepted grant from King County for $100,000 to mitigate losses from COVID-19 to
small businesses and social services. Ms. Bridgeford noted a contract will come before
Council prior to the end of the year with anticipated assistance to in -home childcare
providers in the 98003-zip code, and support for housing stability and utility assistance.
All funds will need to be spent by the end of the first quarter in 2023.
Council thanked Ms. Bridgeford for her presentation and asked clarifying questions
regarding the anticipated assistance.
COUNCILMEMBER DOVEY MOVED TO POSTPONE THE ARPA DISCUSSION [ITEM 8131 AS
NEW INFORMATION AND PRESENTATIONS HAVE BEEN MADE; COUNCILMEMBER
NORTON SECOND.
Councilmembers debated the desire to move forward with allocations yet also have all
Councilmembers in attendance to provide input. Council asked for a special work
session to address the ARPA discussions and allocations; final action will be brought
back to a regular Council meeting.
COUNCILMEMBER NORTON MOVED TO CONTINUE WITH THE COMMUNITY FUNDING
FROM ARPA. Motion dies as a current motion is pending.
Main Motion restated to postpone the ARPA discussion for a special meeting, with a
date to be determined, when all Councilmembers are in attendance.
Motion passed unanimously 5-0 as follows
Council President Kochmar
yes
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
Councilmember Tran excused
Councilmember Walsh excused
Councilmember Dovey yes
Federal Way City Council Regular Minutes
September 6, 2022
Page 4 of 6
At 8:47 p.m. Mayor Ferrell announced the Council would take a brief seven (7) minute recess;
the meeting was reconvened at 8:58 p.m.
6. COUNCIL COMMITTEE & REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): No report
provided.
Land Use/Transportation Committee (LUTC): Councilmember Dovey reported due to the
holiday, the next meeting will be held on September 12 at 5:00 p.m.
Finance, Economic Development, Regional Affairs Committee: No report provided.
Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson had no report.
Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on AWC
trainings and meetings for elected officials. She would like to discuss the Youth Commission
requirements at a future meeting to support restarting the Commission after COVID; there is a
lack of applications that meet the current grade level and residency requirements. She reported
she will be attending various regional meetings including the Board of Health, the Domestic
Violence Task Force, and the PIC meeting.
Council President Report: Council President Kochmar had no report.
7. CONSENT AGENDA
a. Minutes: August 9, 2022 Regular and Special Meetings
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEM A ON THE CONSENT
AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed
unanimously 5-0 as follows
Council President Kochmar yes Councilmember Tran excused
Deputy Mayor Honda yes Councilmember Walsh excused
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
8. COUNCIL BUSINESS
a. Authorization of State Opioid Settlement Agreement
City Attorney Ryan Call requested Council authority to join a settlement through the state
with three primary opioid manufacturers. The state requires 90% of cities over 10,000
population approve the settlement which is approximately 178 cities. The settlement will
distribute money to the state; county and cities over the next 17-years to mitigate the
effects of opioid addiction.
Mr. Call answered Council's questions regarding the estimated amount coming to the
city and potential use of the funds. He noted some jurisdictions will look to pool money
together to support a regional response.
Federal Way City Council Regular Minutes Page 5 of 6
September 6, 2022
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CITY PARTICIPATION IN
THE SETTLEMENT AGREEMENT NEGOTIATED BY THE WA AG WITH OPIOID
DISTRIBUTORS AND AUTHORIZE EXECUTION OF ALL REQUIRED DOCUMENTS;
SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 5-0 as
follows
Council President Kochmar
yes
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Norton
yes
b. City Council ARPA Priorities
No action was taken on this item.
9. COUNCIL REPORTS
Councilmember Tran excused
Councilmember Walsh excused
Councilmember Dovey yes
Councilmember Assefa-Dawson acknowledged Ethiopian New Year on September 11; she
invited the Council to a celebration with food and music at Genesee Park in Seattle.
Councilmember Norton, Councilmember Dovey, and Council President Kochmar had no report.
Deputy Mayor Honda congratulated the folks who worked on Camp Kilworth. She is excited for
the first Historical Landmark and suggested the Arts Commission incorporate heritage as part
of their work plan. She suggested the city contact King County to look into the Brooklake
property as a Historic Designation.
10.ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:17 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 6 of 6
September 6, 2022
COUNCIL MEETING DATE: September 20, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
il
SUBJECT: AMENDMENT 2 UNDERGROUND UTILITY LOCATING
POLICY QUESTION: Should the contract with USIC Locating Services, LLC be extended for two years?
COMMITTEE: LUTC MEETING DATE: September 12, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution �] Other
STAFF REPORT BY: Cole Elliott, P.E., Development Services Manager DEPT: Public Works Department T
Attachments: 1. Staff Report
2. Agreement/Contract Amendment 2 to Goods and Services Agreement for Underground
Utility Locating
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Initial/Date
lkio-A- DIRECTOR APPROVAL:
InitiaUDate
COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the September 20, 2022
consent agenda for approval. "
Jack bovey, CZrnmince Chair .jam Walsh. Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I Wove approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 1 t/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Cole Elliott, P.E., Development Services Manager
SUBJECT: Amendment 2 Underground Utility Locating
Financial Impacts:
The cost to the City for Amendment 2 Underground Utility Locating is included within the
proposed 2023-2024 budget under the Public Works, budget line 401-3100 (70%) and 101-4300
(30%) consistent with the current 2021-2022 approved baseline budget. In accordance with the
proposed budget, this item is funded by in the amount of $110,000 per year.
Background Information:
The City uses USIC Locating Services, LLC (USIC) to locate the City's infrastructure (storm
water, Streetlight and Traffic light) to comply with the RCW to mark out or confirm there are no
City owned utilities in response to the One Call location requests within the City Limits. USIC
was retained through a competitive Request for Bid (RFB) process.
In August, Council approved extension of the locate contract. In preparation of the documents it
was discovered that the incorrect fee schedule was included in Exhibit B-2 of the packet.
The fee schedule has been updated to match the original contract language and included within
the attachments.
Rev. 6/2020
CITY OF CITY HALL
Fe d e ra I Wa Feder 8th Avenue South
�� Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
AMENDMENT NO.2
TO
GOODS AND SERVICES AGREEMENT
FOR
UNDERGROUND UTILITY LOCATING
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and USIC Locating Services, LLC, an Indiana limited liability company ("Contractor"). The
City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to
amend the original Agreement for Underground Utility Locating ("Agreement") dated effective 1/19/2021, as
amended by Amendment No 1. as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 ofthe 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 12/31/2024 ("Amended Term").
2. 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 13-1, 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]
AMENDMENT - 1 - 3/2017
CITY OF CITY HALL
IftFederal Wa Feder 8th Avenue South
�� Federal Way, WA 98003-6325
(253)835-7000
www ciryoffederahvay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
Jim Ferrell, Mayor
DATE:
USIC Locating Services LLC:
Darin J. Stalbaum, Vice President
Date:
STATE OF INDIANA )
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 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
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
-2-
3/2017
CITY OF CITY HALL
Federal Vila Feder 8th Avenue South
� Federal Way, WA 98003-6325
(253) 835-7000
www cayoffederalway com
EXHIBIT B-1
ADDITIONAL COMPENSATION
l . Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional
amount not to exceed Two Hundred Twenty Thousand and 00/100 Dollars ($220,000.00). The total amount payable
to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an
amount not to exceed Five Hundred Ninety Thousand and 00/100 Dollars ($590,000.00).
2. Method of Compensation:
Unit price
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount,
calculated on the basis of the unit pricing and/or hourly labor charge rate schedule for Contractor's personnel as
shown below:
ITEM
ITEM
UNIT
ESTIMATED
UNIT
EXTENDED
WSST**
TOTAL
NO.
DESCRIPTION
QTY
PRICE
PRICE
1
Normal Locate Rate
EA
2,200
$21.63
$47,586.00
$0
$47,586.00
(Storm and
Electrical Only)
2
No Conflict (Storm
EA
2,700
$21.63
$58,401.00
$0
$58,401.00
and Electrical Only)
Cleared Rate
3
Hourly Rate
Hour
40
$60.76
$2,430.40
$0
$2,430.40
(billed by
1/4 hour at
$14.13)
4
Callout/Overtime
Hour
20
$79.88
$1,597.60
$0
$1,597.60
(OT) Hourly Rate
5
City Fiber Optic
Hour
40
$25.13
$1,005.20
$0
$1,005.20
Cable Locate*
Total:
$I11,019.80 $0
$111,019.80
*Not part of current contract
PricingDefinitions
eflnitions
Per One Call Ticket — All tickets received from Washington One Call. Each ticket granted 30 minutes of locating
time. The ticket will then be billed per'/4-hour at the Hourly Rate shown above.
Paintable Locate — Locating, painting and flagging of the City of Federal Way Fiber utility only. Each ticket granted
30 minutes of locating time. The ticket will then be billed per'/4-hour at the Hourly Rate shown above.
AMENDMENT - 3 - 3/2017
COUNCIL MEETING DATE: September 20, 2022 ITEM #: 7C
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEPARTMENT OF COMMERCE GRANT AUTHORIZATION REQUEST
POLICY QUESTION: Should the City accept a grant from the Washington Department of Commerce to
provide the City with technical assistance as part of the preparation of its Climate & Resiliency Chapter of the
Comprehensive Plan?
COMMITTEE: Land Use & Transportation MEETING DATE: September 12, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Keith Niven, Planning Manager DEPT: CD
Attachments: 1. Staff Report
Options Considered:
1. Accept the Commerce Grant to provide technical assistance to the City for the development
of its Climate & Resiliency Chapter of the Comprehensive Plan.
2. Do not accept the grant and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: 47 q DIRECTOR APPROVAL:' -
Cam htw Coun • Initial/Date
Initial/Date InitiaUDate
COMMITTEE RECOMMENDATION: I move to forward the proposal to accept the Commerce grant to provide
technical assistance to the City for the development of the Climate & Resiliency Chapter of the Comprehensive
Plan to the September 20, 2022 consent agenda for approval.
a via. zoO w VYLlz
ack Dove , Committee Chair Xck Walsh. Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I Wnill acceptance of the Commerce grant. "
BELOW TO BE COWLETF.h BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 1/2022 RESOLUTION #
41k
CITY OF
Federal Way
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 12, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Community Development Director's
Keith Niven, AICP, CEcD PLnnning Manager
*--
SUBJECT: Department of Commerce Grant Authorization Request
I. INTRODUCTION
The Washington State Department of Commerce has awarded $2.1 million in growth management
planning grants to help King, Kitsap, Pierce and Snohomish counties, and multiple cities within each
county, plan for local impacts of climate change.
As a part of the 10-year planning cycle for Comprehensive Plans required under the Washington
Growth Management Act, communities were asked to identify or implement measures to reduce per
capita greenhouse gas (GHG) emissions or vehicle miles traveled (VMT), or perform a vulnerability
and risk assessment based on science-based'clin�ate predictions. This grant funding was provided
through Commerce's Growth Management Services program to encourage and support that work.
Climate related planning is not currently required under the GMA.
Grant funds were drawn from the 2022 Washington Legislature's $10 million appropriation to
support communities in their comprehensive plan periodic updates. Up to $100,000 for counties and
up to $80,000 for cities was available through a competitive process for the current state fiscal
biennium.
In addition to the grants, the Washington Department of Commerce is developing a model
Comprehensive Plan Chapter to help cities and counties address climate change in their
comprehensive plans. The model element will include mitigation (greenhouse gas reduction) and
resilience (climate impacts preparedness, response, and recovery) planning guidance, as well as a
model chapter with goals and policies (Menu of Measures) that communities may voluntarily adapt or
adopt into their comprehensive plans as part of their periodic update. The model element —
described in the 2021 budget [Section 129 (126)] — must be completed by June 2023 and must
integrate input from fellow state agencies and other partners.
The grant awardees are listed below:
Grant Recipients — 2022 Periodic Update Climate Grants
8at,dv571sland
$80,000 Vulnerability Assessment
Bellevue
$79,200 Vulnerability Assessment
Bothell
SBO,000 GHG and VMT Reduction
Burientl00
Yu�sve�ad���}i:sef'Jneat
cov-9ton
y.@CEO Vd!Mroc.lnyti:arccnrnn
Ealonville
S35,850 V✓rnM*udAh AaaexxlmrM' fJM +rrr
Enumclaw
$80,000 I Vulnerability Assessment
Federal War,
S80.000 GHG and VMT Reduction
Gig Harbor
$76,410 'GHG and VMT Reduction
Issaquah
$55.000 Vulnerability Assessment
Kenmore
880,000 GHG and VMT Reduction
King County
S79,200 GHG and VMT Reduction
Kitsap County
SIOO,000 GHG and VMT Reduction
Lake Stevens
$80,000 GHG and VMT Reduction
Lakewood
$50.000 GHG and VMT Reduction
Maple Valley
S80000 Vulnerability Assessment
Marysville
$80,000 Vulnerability Assessment
Id- rr•Island
S80,000 GHG and VMT Reduction
Pierce Counly
S1000OO Vulnerability Assessment
Puyallup
S80000 Vulnerability Assessment
Redmond
$80.000 GHG and VMT Reduction
Renton
S79,680 ' GHG and VMT Reduction
Sammamish
S79950 GHGand VMTReduction
Seattle
S80 COO Assessment
Snohomish County
599,000 f rHG avlR y!u i RMll:mn
Tacoma
$80000 Vulnerability Assessment/ GHG 8 VMT
Wcodinville
$80,000 GHG and VMT Reduction
H. FINANCIAL IMPACT
There is no local match requirement or financial responsibility to the city in applying for and
receiving the Washington State Department of Commerce grant money.
III. GRANT PURPOSE
In November 2021, the City Council approved Resolution 21-816. The purpose for this Resolution
was the adoption of the Public Participation Plan for the periodic update of the City's
Comprehensive Plan. The Public Participation Plan outlined the public outreach effort that would
occur with the Comprehensive Plan Update; and identified, a number of new Chapters that would be
included in this periodic update. One of the new Chapters proposed is "Climate & Resiliency".
The available grant funding provides the City an unexpected opportunity to provide some
quantifiable information to base the goals, policies, and implementing actions on for this new
Chapter.
VI. REQUEST
The staff seek Council support and authorization to accept the $80,000 Department of Commerce
grant.
COUNCIL MEETING DATE: September 20, 2022 ITEM #: 7d
. .. . ..........
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 Sheriff's Office (KCSO)
for the 2022-2023 grant period?
COMMITTEE: PRHS&PSC MEETING DATE: Sept. 13, 2022
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Andy J. Hwang, Chief of Police DEPT: Police
Attachments:
1. 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.
MAYOR APPROVAL: "In
�fRECTflR APPROVAL: B vl"
t ❑umii et 4 �_ Ini[i
COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement to the September 20, 2022,
consent agenda for approval. "
"2_n�v►--
'Co n fee Chair o.mmittee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed agreement and authorize Chief of Police
Andv 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 (ordinances only)
ORDINANCE #
REVISED—11/2019
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2022
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 2022-2023
Financial Impacts:
There will be no negative impact to City funds or to the police department's operating budget. The
revenue to the City for the King County Sheriff's Office (KCSO) Registered Sex Offender (RSO)
Cost Reimbursement Agreement will be up to a maximum amount of $16,982.87 for officer
overtime reimbursement for activities related to performance of the grant services. The overtime our
officer(s) work will be billed to KCSO 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 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 $16,982.87. FWPD has participated in the King County RSO grant
funding since at least 2009.
Under the activities involved with this grant, FWPD will partner with the King County Government
to implement multiple program elements to ensure sex offenders comply with current legal
requirements.
1
Cost Reimbursement Agreement
Executed By
King County Sheriffs Office, a department of
King County, hereinafter referred to as "KCSO,"
Department Authorized Representative:
Patti Cole -Tindall, Sheriff
King County Sheriffs 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
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, 2022
and shall end on June 30, 2023 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 III. 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, 2022.
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 July 5, 2022
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 loth of the month following the billing period.
Please note the following terms will be adhered to for the 2022-2023 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 July 5, 2022
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 Nine Hundred Eighty Two Dollars and Eighty Seven Cents
($16,982.87). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2023 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 ' July 5, 2022
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 IX. 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
Mounts:
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.
Page 5 of 6 July 5, 2022
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
Andy J. Hwang, Chief of Police
�• y iL
Date
KING COUNTY SHERIFF'S
OFFICE
Patti Cole -Tindall, Sheriff
Date
Page 6 of 6 July 5, 2022
EX H IbIT xt
Page: 1
Verification Request
Agency: King County WA Sheriff's Office Administrator: King County Sheriffs Office RSCPhone: (206)263-2120 Date: 6/16/2016
Offender Information
Name test, test
POB
DOB 0110111990
Sex
Race
Height
Weight
Risk
Comm.
Registration # 2353765
SSN
Age 26
Alt Reg #
Orient
Div. Lie./State
Nat. No Selection
FBI
Hair
State ID .
Eyes
Last Verified:
Type Date
Active Officer Alert
LOOK HERE FOR OFFICER SAFETY INFORMATION
Employment/School
Offender Photo
Name Address Supervisor Phone
Residence (Bold - Primary Home Address)
Street
Alias
Phone (Bold - Primary Contact Numbers). ScarsITattoos
Number Type 14escrlption Location Type Description
Vehicle
Make Model Color Year License State VIN Comments
Offense "
Date RS Code/Description Convicted Released Case # Crime Details
I do hereby attest, under penalties of perjury, that any and all information contained here is
current and accurate on this day of 20
Offender Signature:
t
Officer Signature: Date: -
Produced by OFfenderWalch-www.watchsystems.com
ADDRESS VER
Exhibit � REGISTEREDOFFICER CONTA OFFENDER WORKSHEETIFICATION
OFFENDER'S NAME:
ADDRESS:
OFFENDER PHONE:
EMPLOYER:
OFFENDER LEVEL IF KN
OFFENDER DETAILS:
DOB:
CITY/STATE/ZIP:
ZIP CODE.:
WORK PHONE:
FORM OF ID:
DATE & TIME OF CONTACTS: *SEE KEY BELOW FOR CODING
DATE /
TIME:
RESULT:
DATE/
TIME:
RESULT:
DATE /
RESULT:
DATE/
RESULT:
TIME:
TIME:
DATE /
RESULT:
DATE/
RESULT:
TIME:
TIME:
MADE IN PERSON CONTACT: YES
RESULT OF CONTACT:
NO ❑ FTR CASE NUMBER ASSIGNED IF NO
CONTACT MADE:
STATEMENT TAKEN: YES I1 NO [ J I
REPORTING PARTY INFORMATION:
REPORTING PERSON:
DOB:
MAILING ADDRESS:
CITY/ZIP:
TELEPHONE:
ALT #
RELATION TO OFFENDER:
NONE (UNKNOWN)[] KNOWN ❑
RELATION:
*CONTACT CODE KEY:
1 = OFFENDER MOVED
2 = BAD ADDRESS
3 = NOT HOME
4 = CHANGE OF ADDRESS
5 = HOUSE FOR SALE
6 = ARRESTED
7 = OFFENDER 1N JAIL
8 = DEAD
9 = TOOK STATEMENT
OFFICER/DETECTIVE: AGENCY:
EXHIBIT C
Date
Suspect's Name:
AgencylQfficer
Incident number
Witness Statement — Failure to Register
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
EXHIBIT D
WASPC GRANT FILING
NON -DISCOVERABLE
TO: KCPAO —Special Assault Unit— Seattle
DATE:
INCIDENT #:
FROM:
AGENCY:
SUSPECT #1:
DOB: RACE: SEX: M ❑ F❑ HGT: I WGT:
SUSP #1 ADDRESS:
CHARGE: Failure to Register as a Sex Offender I DATE OF CRIME:
VICTIM #1: State of Washington DOB:
VICTIM #2: DOB:
INTERVIEWED BY: NO ONE
DPA NAME:
TYPE OF CASE: FTR - Failure To Register
OTHER TYPE:
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
❑ FILING OF CHARGES: - Comments:
DECLINE: -Comments:
WASPC STATISTICAL REPORTING TO KCSO
Case Referral Received by KCPAO on this
Case filed by KCPAO: YES ❑ NO ❑
Cause Number Assigned:
If no, please indicate why:
Other Explanation:
COUNCIL MEETING DATE: September 20, 2022 ITEM #: 7e
... ........ ..... - _
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUGET SOUND AUTO THEFT TASK FORCE (PSATT) — 2022 MINI GRANT AWARD
POLICY QUESTION: Should the City agree to accept the 2022 Mini Grant Award from WATPA for PSATT?
COMMITTEE: PRHS&PSC MEETING DATE: Sept. 13, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFFr Tr ,REPORT BY: Commandeacy Gr ossnickle DEPT: PD � � _
Attachments: Staff Report
WATPA 2022 Mini Grant award letter to PSATT
WATPA Non -supplanting Declaration
Options Considered: 1. Approve the Mini Grant award for PSATT.
2. Do not approve the mini grant award and provide direction to staff.
MAYOR'S RECOMMENDATION: Option #1
MAYOR APPROVAL: DIRECTOR APPROVAL:
f cotnrffttee V011M61 �� fnirinl! ate
initiaili7ur Imnai[Datc
COMMITTEE RECOMMENDATION: I move to forward the proposed mini grant award for PSATT to the
September 6, 2022 consent agenda for approval.
Cnl�tinit�e Chair Committ e Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed mini grant award for PSATT. "
_ (BELOW TO BE COMPLETED BY aTYCLEAK S O F10E)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 13, 2022
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: WATPA 2022 Mini Grant Award for PSATT
Financial Impacts. -
The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft
Prevention Authority (WATPA) grant awards and expenses for PSATT related activities are
reimbursed monthly. This will have no financial impact on the City of Federal Way. Federal
Way is the lead agency and handles the financial processing.
Background Information:
PSATT, formed in 2017, is a multi jurisdictional team focused on investigating and enforcing
laws relating to auto theft. Federal Way was been a member of the Task Force since 2017.
The Task Force provides a more efficient use of personnel, equipment, budgeted funds, and
training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The
City of Federal Way, through the Police Department, continues to serve as the Lead
Administrative Agency, which is responsible for proper accounting procedures, reports and
statistics. The Federal Way Police Department will also continue to assign at least one
commissioned employee to the PSATT Task Force, which is currently the Task Force
Commander.
This 2022 Mini Grant Award for PSATT is for additional funding of public relations material,
training, and technology/equipment.
WASHI NGTONAUTO TUEVr PREi V 1, INTION AU'I'QORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE, Smite 101 — Lacey, WA 98516 — Phone: (360) 292-7900 — Fax: (360) 292-7269
Website: www.WaAutoTheftPreventionAuthority.org
'preventing and reducing motor vehicle thefts in the State of Washington. "
June 23, 2022
Puget Sound Auto Theft Task Force
C/O Federal Way Police Chief Andy Hwang
33325 8th Ave S
Federal Way WA 98003
Dear Chief Hwang:
I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board
of Directors has approved the Puget Sound Auto Theft Task Force grant application for
funding of Public Outreach, Training, Technology & Equipment. The award is in the amount of
$142,100.00 (please see the attached breakdown of funded items). It is the responsibility of
the grant recipient to explore and confirm all potential legal ramifications when employing
WATPA funded equipment with your local legal advisor. The grant award is effective July 1,
2022 and expires on June 30, 2023. This award is a one-time event and does not imply or
promise availability of funds for replacement or continuation of funding after June 30, 2023.
Enclosed is an award agreement. This agreement is to be signed and returned to WATPA. No
funds will be reimbursed until the signed agreement is received. Expenditures prior to the award
effective date or after the grant expiration date are not authorized and will not be reimbursed. All
grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft
Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be
reimbursed for actual expenses only up to the limit of the award categories. All grantees must
sign the attached non -supplanting agreement before reimbursement can begin. Also, please note
that reimbursement requests by grant recipients will only be processed upon receipt of current
semi_annual reports by the WATPA office. The semi-annual report form is available on the
WATPA website, ww►v WaAutoTheftPreventionAuthcr-iy.ort;
If you have any questions, please contact me at 360-292-7959 or via e-mail at
n7 alnterAwas c.or
Sincerely,
Michael Painter, Executive Director
Washington Auto Theft Prevention Authority
H'oehlnron AWo Theft Prevention And Ify
JOHN BATISTE JAMES SKOGMAN ,JOHN GF.SE CHRIS GUERRERO RICK SCOTT
Chief —WA Smie Pntrol lesmnnce W.d I,y Sheriff--Khsnp Cb.wy Chlef—Kennnvlck PD Sherif.Gr. Kw Hrbor County
JOHN MARTIN STEVESTRACHAN MIKE PAINTER PETE FISHER VACANT
Gew.1 Public Executive Dimw- IYASPC E•e I&l Director-WATPA Chief —Fife PD Aulnnmbile Mdawy
AGREEMENT BETWEEN PUGET SOUND AUTO THEFT TASK FORCE AND THE
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
AUTO THEFT PREVENTION GRANT PROGRAMAWARD AGREEMENT
Award Recipient Name and Address: Contact: Andy Hwang
Puget Sound Auto Theft Task Force Title: Chief, Federal Way PD
33325 8th Ave S
Federal Way WA 98003
Award Period: Amount Approved
07/01/22 - 06/30/23 $142,100
Funding Authority:
WASHINGTON AUTO THEFT
PREVENTION AUTHORITY
Requests for reimbursement under this agreement are subject to the following Budget:
Public Outreach:
Community Events ($40,000)
Brochures $10,000 (unit=$3,50 per 25 count)
Giveaways $20,000 ("clubs" unit=$46 per)
Giveaways $10,000 (unit=$90 per 50 count)
National Auto Theft Prevention Month ($7,000)
$5,000 for printing posters and flyers (unit TBD)
$2,000 for Facebook Ads (unit TBD)
Banners & Signs for Deployment $2,500
Technology:
1 Laptop & 2 I -Pads estimated at $3,000
Vortex 12ic50 Bi-Nocs 5 count $1,800
Hyperfire 2 Trail Cams 2 count $1,500
Canon H45 Pole Cam with build components 2 count $7,500
Contracted Professional Services:
SIM Card/Data Services with Verizon $50/month x4 $3,600
ReKor Blue App Services (10 Count) $2,500
Boom Truck Rental $750 per rental x 10 $7,500
ATAK $60 per month $1,200
Program "We Got Your Tow" $15,000
Social Media Specialist Part Time thru June 2023 $5,000
Training:
IAATI Conference 4 count for registration, air; lodging, per diem $l 1,200
WSATI SoCal 4 count for registration, air, lodging, per diem $7,000
NATIA 2 count registration and equipment $5,000
Rolling Surveillance 4 count registration, air, lodging, per diem $10,000
WSNIA 6 count registration, lodging, per diem $10,800
AWARD TOTAL
$142,100
IN WITNESS WHEREOF, the WATPA 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 last written below. The rights and obligations of both parties to this AGREEMENT are
governed by the information on this Award Sheet and other documents incorporated herein by reference;
Agreement Specific Terms and Conditions, and
Agreement General Terms and Conditions.
WATPA j
l �
Name/ Michael Painter,
Title: WATPA, Executive Director
Date: 6/22/2022
RECIPIENT
Name/
Title: An y I�w.a�►G� Pew. ass rc�
Date_
WATPA
Nou-supplantina Declaration
Slipp1:11 ILIIg
WATPA funds must be used to supplement existing funds for program activities and
must not fcpl.ace those funds that have been appropriated for the same purpose (RC;W
46.66.080 (5). Supplanting shall be the subject of application review, as well as pre -
award .review, post -award monitoring, re.ianbursetuent and audit. If there is a potential
presence of supplanting, the applicant or grantee will be required to supply
doCUMentation demonstrating that the reduction in non-WATPA resources occurred for
reasons other than the receipt or expected receipt of WATPA funds.
The. 17 S '14 T T _ (Applicant Agency) certifies that any funds
awarded. through WA'.fPA shall be used to supplement existing fields for program
activities and will not replace (supplant) non-WATPA funds that have been appropriated
:for the purposes and goals of the grant.
The ? S R 1 l _- (Applicant Agency Chief or
designee) understands that supplanting violations may result in a range of penalties,
including but not limited to suspension of future funds under this proga--ain, suspension or
debarment fxona WATPA grants, recoupment of monies provided under this ,grant, and
civil and/or criminal penalties.
Printed Name and Title: AWW.Py ALavv4 do 04CAPP •F R-41 zG
Signature:
7' 4 `� � Date: C �
10 7f
COUNCIL MEETING DATE: September.0,, 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 in
grant funds from WTSC for distracted driving enforcement?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: Sept. 6, 2022
SAFETY COUNCIL COMMITTEE (PRHS&PSC)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: LIEUTENANT B. SCHULZ. DEPT: Police
Attachments:
1. Staff Report
2. IAA Between WTSC and the Federal Way Police Department
Options Considered:
1. Accept Proposal
2. Reject Proposal
MAYOR'S RECOMMENDATION: 1— Accept Proposal
MAYOR APPROVAL: )' aDIRECTOR APPROVAL:
co ee cll ��` Inival]Aat
Initial/Date Initial/Date ` 'Z
COMMITTEE RECOMMENDATION: "I move to forward the IAA between WTSC and FWPD to the September 13,
2022 Cr Council Consent Agenda for approval"
' Committee hair Comsnittee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the IAA between WTSC and FWPD and authorize Chief
Andy Hwang to sign the agreement. "
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IsT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2016 RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 6, 2021
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
Financial Impacts:
The City of Federal Way will receive $5,000 in grant money from WTSC to work overtime
emphasis patrols focused on distracted driving traffic enforcement.
Background Information:
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 will yield better
enforcement results and likely have 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 through grant funding. The goal of the grant is to reduce traffic related deaths
and serious injuries through education and enforcement by HVE patrols throughout the state
focusing on impaired driving, occupant protection, speeding, and distracted driving.
The proposal before the Council is an Interagency Agreement between WTSC and FWPD to
provide grant funding to FWPD to conduct emphasis patrols focused on these traffic enforcement
areas. Simply put, this agreement would allow the City of Federal Way to put more of its police
officers on the road addressing these traffic enforcement goals while knowing it will be
reimbursed for the overtime expense via grant funds.
The patrol emphasis dates under the funds from this grant and per the agreement are July 24 —
August 6, 2022.
INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic Safety Commission
AND
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 DEPARTMENT, 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:
1. PURPOSE OF THE AGREEMENT
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) numbers 20.600, for traffic safety grant
project 2022-AG-4341 King County Distracted Driving Campaign, specifically to provide funding for the
law enforcement agencies in WTSC Regions 7 and 8 to conduct overtime high -visibility enforcement (HVE)
traffic safety emphasis patrols 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-4341 King County Distracted Driving Campaign was awarded to the Regions 7/8 to
support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB -RECIPIENT is
able to seek reimbursement for approved straight time or overtime expenses incurred as a participant in the
region's HVE grant.
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.
3. STATEMENT OF WORK
SCOPE OF WORK:
Note: This statement of work applies only to High Visibility Emphasis patrols (HVE) for traffic safety areas
which your region has received HVE funding.
GOAL: To prevent traffic crashes to reduce traffic related deaths and serious injuries through increased
enforcement.
STRATEGY: Prevent drivers from engaging in high risk behaviors by increasing their perception of the risk
of receiving a citation through high visibility enforcement campaigns (HVE). HVE Campaigns influence
driver behavior by creating the perception that there is an increased risk of engaging in risky driving
behaviors. This perception is achieved through 1) an increase in media messages 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 (officers pulling cars over) that reinforces the media
messages they received and influences them to modify their driving behavior.
OBJECTIVES: Research and experience has shown that the strategy is only effective if all partners that
engage in HVE adhere to these requirements. The SUB -RECIPIENT agrees to follow all seven of these
requirements.
1. Implement the mobilization plan developed by the local traffic safety task force for each HVE event
that includes:
a. Problem Statement
b. Description of enforcement strategy, including expected law enforcement agencies
participating in the event, target violation, and target locations so that the HVE has the greatest
chance of preventing traffic crashes.
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 HVE should occur and drivers with the highest potential of causing traffic crashes.
3. The enforcement is multiiurisdictional and rises a saturation 41)p oach. 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. Enforcement is highly visible —.
clearly more than a typical day. WTSC proposes that no less than three officers work an HVE.
4. The public is made aware of the event before, during, and after the enforcement takes place. This
means that messages reach all target audiences in the community, regardless of English proficiency,
who use the targeted transportation system. The WTSC will conduct statewide public education
campaigns during national campaigns, but it is the responsibility of the SUB -RECIPIENT and task
force to ensure that all elements of HVE are being met.
5. Local media are highly involved in the effort to reach communities in which HVE will occur.
6. The SUB -RECIPIENT de to s resources to enforce traffic laws in T)riority areas throughout the yeai'
when HVE is not being implemented.
ADDITIONAL REQUIREMENTS FOR ALL HVE EVENTS:
In addition to the seven critical elements, SUB -RECIPIENT agrees to all of the following requirements for all
HVE events.
To use the WEMS system provided by the WTSC to record all activities conducted by their
commissioned officers pursuant to the HVE events. 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 HVE event with a focus on the targeted
locations and driving behaviors
• List of on -call DREs and request procedures
+ How 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
3. All officers participating in these patrols are SAC certified and passed the SFST refresher training
within the prior three years (this is regardless of ARIDE or DRE Training mentioned below).
4. To utilize all available media platforms it has available (website, email newsletters, social media etc...)
to the fullest extent to publicize the HVE events.
5. Make at least one individual available for weekend media contacts, beginning at noon on Fridays
before HVE mobilizations..
ADDITIONAL REQUIREMENTS FOR SPECIFIC HVE EVENTS
In addition to the seven critical elements, and the additional requirements of all HVE events, the SUB -
RECIPIENT agrees to all of the following requirements for each type of specific WE in which they will
participate.
1. DISTRACTED DRIVING
a. Distracted driving HVE events will be conducted using a team approach with designated
spotters.
b. SUB -RECIPIENT will participate in a King County Target Zero Task Force distracted driving
emphasis campaign between July - September 2022 (specific dates TBD).
OTHER CONSIDERATIONS, EXCEPTIONS, AND NOTES REGARDING HVE EVENTS
Distracted Driving HVE Events:
■ With the State of Washington's distracted driving law, these patrols will be important to ensure
through education and enforcement that drivers understand and are following the new law RCW
46.61,672 .
r These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit
can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols
shall occur in areas with the highest number of past distracted driving violations. This approach has
shown to best identify distracted driving violations.
• Spotter Requirement Explained: A distracted driving HVE patrol must consist of at least three officers
— one spotter and at least two officers responding to violations.
r This funding can be expended outside of the national campaigns, but the funds must only be used for
distracted driving HVE enforcement.
3.1. MILESTONES AND DELIVERABLES
Mobilization
On the Road, Off the Phone
3.2. COMPENSATION
Dates
July — September 2022
3.2.1. Compensation for the straight time or 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 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 members of the Regions 7/8 traffic safety task force with a fully executed grant agreement are
eligible to participate in this grant.
3.2.2. WTSC will reimburse for personnel straight time or overtime expenses (overtime expenses will be
reimbursed 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. HVE 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 HVE Allocation Adjustment form,
which details the funding alterations.
Funds within the same HVE 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 fimding 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 like firearm qualification.
3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project
providing SUB -RECIPIENT has received prior approval from their region's TZM. This activity must be
overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed.
3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing
SUB -RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL
to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the
expenses listed in section 3.2 and its subsections will be reimbursed.
3.2.7. 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.
3.2.8. 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.
3.3. SUMMARY OF PROJECT COSTS
The WTSC has $5,000 to the FEDERAL WAY POLICE DEPARTMENT for the purpose of conducting
coordinated overtime HVE 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 FEDERAL WAY POLICE DEPARTMENT as follows:
EMPHASIS PATROL
Distracted Driving Patrols $5,000
(Section 402, CFDA 20.600)
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.
APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS:
4. ACTIVITY REPORTS
The SUB -RECIPIENT agrees to have all personnel who work HVE 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 WRTIINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
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
funds 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 reimbursement of HVE 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 in most 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. CONFIDENTIALPTYISAFEGUARDING 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
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
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
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
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
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
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. TERMNATION 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.
30.4. 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 SUB-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 1300 APPENDIX A):
32. BUY 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
33.1. 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.
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
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
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.
34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
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 FUNDINGACCOUNTABl7LITY AND TRANSPARENCY ACT WFATA]
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
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
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.)
37.L 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.
37.1.4. 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/fiinding 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 AC
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.
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.,
"grassroots") 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
communications, notices, and reimbursement regarding this Agreement:
The Contact for the SUB-
RECIPIENT is:
The Target Zero Manager for
Regions ,7/8 is:
The Contact for WTSC is:
Lt. Brigham Schulz
Sara Wood
Debi Besser
Federal Way PD
sw.00d[a7kentwa.gov
WTSC Program Manager
Brigham.Schulz@cityoffederalway.com
253-856-5856
dbesserOwtsc.wa.gov
253.835.6743
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 WITNESS WHEREOF, the parties have executed this Agreement.
Signature
Printed Name
WASHINGTON TRAFFIC SAFETY COMMISSION
DglYlry 3�g0ad tyPamNa E
Pamela E °{�n:��
emai.ppanllluFAxsK�sraggy, c=US
Dale: 2022,07.27 1 O;W35 -07'00'
Signature
Pam Pannkuk
Printed Name
G'�4,r,-r-- of Ad-tc z— Deputy Director
Title Title
;7// q/2 z
Date
07-27-2022
Date
COUNCIL MEETING DATE: September 20, 2022 ITEM #: 7g
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
'SUBJECT: CJTC BLEA TAC-OFFICER AGREEMENT
POLICY QUESTION: Should the Mayor approve the Agreement between the City of Federal Way and the
Criminal Justice Training Commission for reimbursement of salary and benefits (including overtime) in
exchange for a FWPD officer being assigned as a TAC-Officer (instructor) at the Basic Law Enforcement
Academy?
COMMITTEE: PRHS&PS Committee MEETING DATE: September 13, 2022
CATEGORY:
® Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Commander
Attachments: 1. Staff Report
2. CJTC BLEA TAC-Officer Agreement
DEPT: Police
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Cammi CowieU
Initial/Date initial/Date
'ZZDIRECTOR APPROVAL: �'7`.. F. 3IJzc-
hntial ate ,
COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the September 20, 2022,
consent agenda for approval. "
�n iti a" Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
exeOi said agreement. "
,BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — I MO19 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 13, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: CJTC BLEA TAC-Officer Agreement
Financial Impacts:
This item will actually save the City of Federal Way the salary and benefits (including
overtime) in exchange for one FWPD officer being assigned as a TAC-Officer (instructor) at
the Criminal Justice Training Commission's (CJTC) Basic Law Enforcement Academy
(BLEA) conducting the raining of student officers from across the region.
Background Information:
The BLEA utilizes full-time law enforcement officers, on contract, as TAC-Officers
(instructors) for the purposes of teaching the state mandated courses required by student
officers from law enforcement agencies across the region. By accepting this agreement, the
FWPD would send a commissioned law enforcement officer (1 FTE) to work at the BLEA
for a 3-year period, with the possibility of a 1-year extension.
Having a FWPD TAC-Officer at the BLEA also benefits the agency by way of priority
enrollment for student officers from our agency. What that means is our BLEA students will
be immediately accepting into academy classes without the normal extended wait times of up
to 4-6 months. Instead, our BLEA students will typically receive academy dates within 1-2
months of application.
We have had multiple personnel fulfill this position previously, but almost 15-20 years ago.
This current opportunity comes at the perfect time with the Council's approval for additional
personnel and will assist in greatly reducing the wait times for our student officers to
graduate the BLEA and return to the FWPD for their field training and eventually deploying
as solo officers, becoming force multipliers for our current personnel to better address the
needs of our community.
Rev. 7/18
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
Contract Routing Sheet
Washington State Criminal Justice TrainingCommission
C!M<,t)>Serena Anastasio 8/15/2022 _ 091.06/22� _
Contract Requestor Name Request Date Anticipated Contract Start Date
_Basic Training Division/ BLEA D-orn.o-van Heaven
Division/Program Proposed Contractor (If Any)
Contractor's Title/Rank: Officer
Agency: Federal Way PD
Contract Timeframe: September 2022-2025
HR Considerations (Please answer all questions)
Is this or similar work done by any current employee?
1� Yes ❑ No ❑ Needs Further Review
Will any current employee(s) be displaced, denied, or limited work by the decision to purchase services by
contract?
❑ Yes [ No ❑ Needs Further Review
Has the proposed contractor provided proof of COVID-19 vaccination?
0 Yes ❑ No
Budget Considerations (Please answer all questions)
Has the budget for this been established?
RYes ❑ No ❑ Needs Further Review
Is there a PI code associated?
1� Yes ❑ No ❑ Needs Further Review
If so, please list. PI Code(s): X❑ 101 ❑ 102 ❑ 201 ❑ Other:
Does the potential contractor currently hold other contracts with C1TC? If yes, list below -
El Yes 1� No ❑ Needs Further Review Contract #s: - _
Dave Miller ApprQVe V"L, hw,f,Y' 8/15/2022
Program Manager Name Recommendation Signature Date
Dave Campbell aye, lal,, 8/15/2022
Division Manager Name Recommendation Signature Date
Marisa Peer
-- Ala-• --Drov
-e
HR Manager Name Recommendation
Brian Elliott Approve
Budget Manager Name Recommendation
Jerrell Wills A..prove
Deputy Director Name Recommendation
kaVisa
Signature
6 o-JUL -C.0 6
ff
Signature
8/15/2022
Date
8/15/2022
Date
8/15/2022
Signature Date
Rev. 2/2/2022
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
WASHINGTON STATE
CRIMINAL JUSTICE TRAINING COMMISSION
Monica A. Alexander, Executive Director
19010 1st Avenue South • Burien, WA 98148 • Phone: 206-835-7300 • www,gi1c•+v4.gov
INTERAGENCY AGREEMENT No.
This agreement is made and entered into by and between the Federal Way Police Department, hereinafter
referred to as the "Agency", and the Washington State Criminal Justice Training Commission, hereinafter
referred to as the "Commission".
Whereas Donovan Heavener is employed by the Agency as an employee, holding the position of Officer
therein; and
Whereas the Commission, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards
for the training of criminal justice personnel and in conjunction therewith may contract with individuals and
agencies for the purpose of training; and
Whereas the Commission desires to contract with the Agency for the full-time services of Donovan Heavener in
administering, conducting, and presenting this state's Basic Law Enforcement Academy program;
Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto
mutually agree as follows:
(1) Term
This agreement shall commence on the 6th day of September, 2022 and terminate on the 5th day of
September, 2025, subject to prior termination as provided herein and unless as extended by written mutual
agreement of the parties hereto.
(2) Duties of the Agency:
The Agency shall provide the full-time services of Donovan Heavener to the Commission for -the purpose of
administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services
shall include, but not be limited to:
(a) Providing classroom instruction in assigned subjects.
(b) Creating written and practical exercises relating to classroom instruction.
(c) Writing test material.
(d) Researching/updating classroom instruction and teaching materials.
(e) Tutoring/counseling academy attendees.
(g) Grading exams.
(h) Assisting and coordinating practical training exercises.
(i) Suggesting revisions to academy programs and curriculum.
TRAINING THE GUARDIANS OF DEMOCRACY
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C20784439
Federal Way Police Department
August 15, 2022
Page 2
(3) Consideration
In consideration of those services provided under this agreement, the Commission shall reimburse to the
Agency its full payment of salary to Donovan Heavener, including all benefits and all increases to said salary or
benefits, during the period of Donovan Heavener's service to the Commission herein under. The Commission
shall pay said reimbursement amount upon submission by the Agency of a monthly invoice to the Commission
at 19010 1st Ave South, Burien, WA 98148.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement between the parties and shall, as of the effective date
hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of
them has made any representations with respect to the subject matter of this agreement or any
representations, including the executing and delivery hereof, except such representations as are specifically set
forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering
into this agreement.
(5) Modification
No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall
be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any
waiver or modification shall be offered or received in evidence of any proceeding or litigation between the
parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties herein under,
unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that
the provisions of this section may not be waived except as herein set forth.
(6) Termination of Agreement
This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by
either party after thirty -days (30) following the other party's receipt of a written intent to terminate.
The parties retain the right to cancel this agreement upon ten (10) days written notice to the other party if
either party fails to properly keep any of the provisions of this agreement. In the event of termination under
this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the
compensation as set forth in section (3) herein.
(7) Operations
To protect the health and safety of the staff and students of the Commission, contract instructors are required
to submit to infectious disease testing when directed to do so by the Commission. Contractors must report the
results to the Commission's confidential appointee. Contractors agree to follow the health and safety protocols
put in place by the Commission pre and post-test. Should Donovan Heavener not wish to follow operational
directives, they will be immediately release from their contractual obligation.
DocuSign Envelope ID: 25936221-91DF-4138-13F5F-223=784439
Federal Way Police Department
August 15, 2022
Page 3
(8) Health and Safety
To protect the health and integrity of the Commission, contract instructors understand the Commission
maintains control over its operations and agree to submit to directions and protocols put in place in order to
carry out its mission. Should Donovan Heavener not wish to follow operational directives, they will be
immediately released from their contractual obligation.
(9) COVID Vaccination Certification
Pursuant to Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021) as amended by
Proclamation 21-14,1— COVID-19 Vaccination Requirement (dated August 20, 2021), hereinafter referred to as
the ("Proclamation"), all contractors and any of their employees and/or subcontractors who provide
contracted services on -site must certify that they are fully vaccinated against the COVID-19 virus as set forth in
the Proclamation. Contractors who cannot so certify are prohibited from contracting with the state.
The Agency represents and warrants that should their responsibilities to the Commission involve on -site
services as of October 18, 2021, the Agency's personnel providing such services will be fully vaccinated against
the COVID-19 virus as set forth in the Proclamation. The Agency further understands that, upon request, the
Agency's personnel must provide to the Commission proof of vaccination, in a manner established by the
Commission. Should Donovan Heavener not wish to provide proof of vaccination, they will be immediately
released from their contractual obligation.
(10) Employment Obligations of Parties
The Agency agrees to pay to Donovan Heavener the full salary and benefits, including all increases to said
salary and benefits, accruing to him as an employee of the Agency during the period of his services herein
under. Additionally, the Agency agrees to extend to Donovan Heavener all rights, privileges, and benefits
attendant to and resulting from his employment by the Agency, including any and all promotional
opportunities otherwise available to him. The Agency further agrees that upon completion and conclusion of
Donovan Heavener's service herein under, and in the absence of any promotion or upgrading in classification
which has occurred during the duration of this agreement and in the absence of any disciplinary action taken
during the duration of this agreement, he will be returned and reinstated to the Agency at the same or equal
commissioned rank or position which he held on the beginning date of this agreement.
The Commission agrees to complete all necessary evaluation and documentation regarding Donovan Heavener
during the period of his service herein under and as required by the Agency. The Agency reserves the -right to
discipline Donovan Heavener for any violation of the Agency's rules in the same manner as other Agency
employees. The Commission additionally agrees to provide Donovan Heavener a work and learning experience
and professional opportunities for career development and enrichment at no special cost or direct cost to the
Agency.
(11) Indemnification/Hold Harmless
DocuSign Envelope ID: 25936221-91DF-4138-BF5F-223C2D784439
Federal Way Police Department
August 15, 2022
Page 4
The Commission shall defend, indemnify and hold the Agency, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or
resulting from the negligent acts, errors or omissions of the Commission occurring (a) in performance of
services reasonably related to this Agreement and (b) either at the request of or under the direction and
control of the Commission, its agents or employees, except for injuries and damages caused by the negligence
of the Agency, its officers, officials, employees and volunteers other than Donovan Heavener. The Commission
agrees to defend, indemnify, and hold the Agency, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses, or suits, arising out of the services provided by Donovan
Heavener under the direction of the Commission, as described in Section 2 above.
(12) Medical/Health and Workers' Compensation Benefits
In the event of any injury to, or the illness or death of Donovan Heavener while acting in performance of this
agreement, the Agency agrees to extend to Donovan Heavener medical / health and workers' compensation
benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death
had occurred during work assignment in and for the Agency.
(13) Venue Stipulation
This agreement shall be construed as having been made and delivered with the State of Washington, and the
laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit
in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be
instituted in King County, Seattle, Washington.
(14) Assignment
Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither
party hereto may assign, sublet, or transfer any interest in this agreement.
(15) Compliance with Laws
The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal,
state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining
to civil rights and laws pertaining to the Commission and the Agency, including merit system rules.
(16) Notices
All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized
business addresses.
(17) Headings
The article headings contained in this agreement are inserted solely as a matter of convenience and for
reference and in no way define, limit, or describe the scope or intent of the provisions of this agreement.
DocuSign Envelope Q 25936221-91 DF-4138-BF5F-223C2D784439
Federal Way Police Department
August 15, 2022
Page 5
IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below
Washington State Criminal Justice Training Commission Federal Way Police Department, Washington
Aukka &:)a,alvA� 8 15/ 2022 _
Monica Alexander, Date Andy Hwang, Date
Executive Director Chief
Criminal Justice Training Commission
190101st Avenue South
Federal Way Police Department
33325 8th Avenue South
Burien, Washington 98148 Federal Way, WA 98063
cc: Dave Campbell, Basic Training Division Commander, WSCJTC
Brian Elliott, Fiscal Manager, WSCJTC
Dave Miller, Assistant Commander — BLEA, WSCJTC
Jerrell Wills, Deputy Director, WSCJTC
Officer Donovan Heavener, Federal Way PD
COUNCIL MEETING DATE: September 20, 2022 ITEM #: / h
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONTRACTED ELECTRICAL SERVICES REQUEST FOR QUOTES
POLICY QUESTION: Should the City Council approve the proposed request for quotes and authorize staff to
solicit proposals from the Municipal Research and Service Center small works roster for on call electrical
services?
COMMITTEE: PRHSPS MEETING DATE: September 13, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason Gerwen, Parks Depu Director DEPT: PRHSPS
Attachments: 1. Staff Report
2. Contracted Electrical Services RFB
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1. `
MAYOR APPROVAL: 'fi t , � I MIRECTOR APPROVAL: �� 0il—
Committee Council Initial/Date `
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: "I move to forward the proposed request for quotes to the September 20,
2022, consent agenda for approval. " tt ai Committee Member Committee Member
PROPOSED COUNCIL MOTION:
"I move approval of the proposed request for quotes. "
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
l7 APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: August 24, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
Brian Davis, Interim City Administrator
FROM: Jason Gerwen, Deputy Parks Director
SUBJECT: Contracted Electrical Services
Financial Impacts
The cost to the City for Contracted Electrical Services was included within the approved
budget under the following Parks Department Maintenance budget codes 001-7100-336-576-
80-480, 505-1100-331-518-30-480, 505-1100-331-576-80-480, 505-1100-331-576-81-480,
303-7100-129-594-76-650 and 001-7100-331-576-80-480. In accordance with the approved
budget, this item is funded by the City's General Fund. Staff is requesting allocation of
$350,000 for the lifetime of the contract due to ongoing costs associated with ad -hoc, as -
needed routine electrical maintenance and repairs at all locations of City of Federal Way
facilities within the City limits, that are not planned for and budgeted in advance
Background Information:
The City has successfully used Contracted Electrical Services since the 1990's for ad -hoc, as -
needed routine electrical maintenance and repairs at all locations of City of Federal Way
facilities within the City limits, that are not planned for and budgeted in advance. By law we
must re -bid this type of service every three years, which is why we are requesting to send out
invitations for competitive quotes to companies listed on the Municipal Research and Service
Center (MRSC) roster.
Rev. 7/18
BID AND SMALL PUBLIC WORKS CONTRACT AND SPECIFICATIONS
FOR
CONTRACTED ELECTRICAL SERVICES
2022-2025
Quotes Accepted Until 2:00 P.M., October 5, 2022
Prepared By:
City of Federal Way
Parks Department
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-1 2022-2025
CFW RFQ VERSION 2020-JUNE
TABLE OF CONTENTS
PAGE
NOTICETO CONTRACTORS...................................................................................:............................................. 3
INSTRUCTIONS TO BIDDERS & CHECKLISTS.................................................................................................. 4
QUOTE................................................................................................................................................................... 6
CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION ..................... ........... .... --,.............................. 10
SMALL PUBLIC WORKS CONTRACT ................................. :.......................... :.................................................. 11
EXHIBIT A = SAMPLE TASK ORDER................................................................................................................ 20
SAMPLE CONTRACT CHANGE ORDER........................................................................................................... 21
CERTIFICATE OF INSURANCE......................................................................................................................... 23
PERFORMANCE AND PAYMENT BOND.......................................................................................................... 24
CONTRACTOR'S RETAINAGE OPTION.................................................................................. ...................... 26
RETAINAGE BOND TO CITY OF FEDERAL WAY............................................................................................ 27
PREVAILING WAGES AND BENEFIT CODE KEY ..................................... ........... :... ...................... .:....................
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-2 2022-2025
CFW RFQ VERSION 2020-JUNE
NOTICE TO CONTRACTORS
CONTRACTED ELECTRICAL SERVICES
The City of Federal Way extends this invitation to bid to selected contractors listed with the MRSC Small
Works Roster. This project is a small public works project and will be awarded under the small works
roster process.
PURPOSE; The City of Federal Way ("City") is requesting quotes for Contracted Electrical Services. Quotes will
be received via email only to Sherri.Nelson@cityoffederalway.com on Wednesday, October 5, 2022 at 2:00 PM.
Quotes received after that time and date will not be considered. Email subject line "Bid Submittal — Contracted
Electrical Services"
This project shall consist of: Contracted Electrical ("Services") as requested by the City of Federal Way ("City").
These are electrical services that have not been specifically budgeted for in advance in association with a known
or identified project, which will be bid separately, and may be requested in various project locations throughout
the City. Upon identification of a project by the City, the City and Contractor will negotiate scope, schedule, and
budget for the specific project which will be included in a "Task Order." The "Task Order" form is attached to the
Small Public Works Contract as "Exhibit A." The City is not obligated to assign any specific number of tasks to the
Contractor and the City and Contractor's obligations hereunder are limited to the tasks assigned in written "Task
Orders." Typical dollars spent on these services range from $5,000 to $120,000 per year.
The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon
as the Contract and all required documents are executed in full.
QUESTIONS: Any questions must be sent via email to Jason Gerwen at Jason_gerwen@city_offederalwa_y.com
or Derreck Presnell at derreck.presnell@cityoffederalway.com.
SCOPE OF WORK/SERVICES: Contractor will provide ad -hoc electrical services at all locations of City of Federal
Way facilities within the City limits as -needed, however, City reserves the right to solicit bids on electrical repairs
that may exceed $4000. Electrical services shall include but not be limited to: repairs, maintenance,
troubleshooting, and replacements of fixtures, ballast, breakers, and other components. Contractor must be able
to demonstrate knowledge and resources to perform repairs and bulb replacements on lighting poles up to 100'
on athletic turf fields. Contractor and employees shall be trained and skilled to persorm all related. services, and
have experience with all types of electrical services and voltages. Contractor must be able to respond to
emergencies within up to 8 hours of contact by the City, preferably less, as agreed to in the contract, and respond
to requests for services within 24 hours. Additional requirements and details are available in the attached contract.
All quotes shall be in accordance with the Contract.
The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and
Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids
in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent
with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for
and obtain public contracts.
The City of Federal Way reserves the right to reject any and all quotes, waive any informalities or minor
irregularities in the solicitation process, and determine which quote or bidder meets the criteria set forth in the bid
documents.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-3 2022-2025
CFW RFQ VERSION 2020-JUNE
INSTRUCTIONS TO BIDDERS & CHECKLISTS
(1) NOTICE TO CONTRACTORS AND CONTRACT DOCUMENTS
Contractors must comply with the bidder instructions in the Notice to Contractors and the Contract
Documents.
(2) EXAMINATION OF QUOTE AND CONTRACT DOCUMENTS — BIDDER RESPONSIBILITIES
The submission of a quote shall constitute an acknowledgment upon which the City may rely that the
bidder has thoroughly examined and is familiar with the bid and Small Public Works Contract and the
other Contract Documents, potential project sites, the availability of materials and labor, publically
available information, and has reviewed and inspected all applicable federal, state, and local statutes,
regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be
provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations,
ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the
bidder's quote or the contract documents. No claim for additional compensation will be allowed which is
based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or
resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar
with and verify any environmental factors, which may impact current or future prices for this requirement.
(3) INTERPRETATION OF QUOTE AND CONTRACT DOCUMENTS
No oral clarifications, interpretations, or representation will be made to any bidder as to the meaning of
the quote or Contract Documents. Bidders shall not rely upon any oral statement or conversation they
may have with City's employees, agents, representatives, consultants, or design professionals regarding
the Contract Documents, whether at the pre -bid meeting or otherwise and no oral communications will be
binding upon the City. Any questions must be directed to Jason Gerwen at
Jason. gerwen@cityoffederalway.com or Derreck Presnell at derreck.presnelI@cityoffederalway.com via
email. Any interpretation deemed necessary by the City will be in the form of an Addendum to the bid
documents and when issued will be sent as promptly as is practical to all parties to whom the bid
documents have been issued. All such Addenda shall become part of the bid.
(4) QUOTE PRICE
The quote price shall include everything necessary for the completion of the Contract and the Work
including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all
management, superintendence, labor and service, except as may be provided otherwise in the Contract
Documents. All Washington State sales tax and all other government taxes, assessments and charges
shall be included in the various Bid item prices as required by law. Please.present detailed proposed fee
schedule information on the quote sheet for the specifications proposed and for any variation for non -
routine services, inclusive of Washington state sales tax and any other applicable governmental charges.
You may provide additional attachments if needed. Please provide specifics as to definitions of routine
versus non -routine tasks, what is fixed as opposed to variable, and how costs are adjusted according to
that classification. Quote information provided will be used as a basis for understanding and estimates of
costs prior to the issuance of Task Orders under the Contract.
The offer shall remain in effect ninety (90) days after the bid opening. Payment by the City for the services
will be made only 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 person. Payment shall be made on a monthly basis, thirty (30) days after receipt of
such billing statement.
(5) POSTPONEMENT OF QUOTE OPENING
The City reserves the right to postpone the date and time for receiving the quotes by Addendum at any
time prior to the bid opening date and time announced in these documents.
(6) REJECTION OF BIDS
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-4 2022-2025
CFW RFQ VERSION 2020-JUNE
The City reserves the right to reject any quote for any reason including, but not limited to, the reasons
listed in Standard Specifications Section 1-02.13. The City further reserves the right to reject any portion
of any quotes and/or to reject all quotes. In consideration for the City's review and evaluation of its quote,
the bidder waives and releases any claims against the City arising from any rejection of any or all quotes.
If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the
bids of the participants in such collusion will be considered.
(7) RECYCLED PRODUCT
The Contractor shall use recycled paper for proposals and for any printed or photocopied material created
pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports
submitted to the City whenever practicable.
(8) BIDDER'S CHECKLIST
The bidder's attention is especially called to the following forms, which must be executed in full as
required. Failure to comply may result in rejection of any bid not so complying
❑ Quote: The Quote shall be completed and fully executed, including filling in the total bid amount.
❑ Contractor Certification — Wage Law Compliance: This form shall be filled in and fully executed
by the bidder.
(9) CONTRACT CHECKLIST
The following documents are to be executed and delivered to the City after the Bid is awarded.
❑ Small Public Works Contract: The successful bidder will fully execute and deliver to the City
the Small Public Works Contract ("Contract") from these Bid Documents.
❑ Certificate of Insurance: The successful bidder will provide a Certificate of Insurance
evidencing the insurance requirement set forth in the Contract.
❑ Performance/Payment Bond: The successful bidder will provide a fully executed
Performance/Payment Bond as appropriate or in lieu of a bond, option to authorize the City to
retain ten percent (10%).
❑ Contractor's Retainage Option: The successful bidder will fully execute and deliver to the City
the Contractor's Retainage Option.
❑ Contractor's Retainage Bond: If the retainage bond option is chosen, then the successful
bidder will fully execute and deliver to the City the Contractor's Retainage Bond.
❑ Business License: The successful bidder will provide a copy of a current Business License
with the City of Federal Way.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-5 2022-2025
CFW RFQ VERSION 2020-JUNE
QUOTE SHEET
Contracted Electrical Services
QUOTE SUBMITTED VIA EMAIL TO:
Sherri.Nelson@cityofFederalway.com, Subject line "Bid Submittal — Contracted Electrical Services"
Company Signature
Name: / Printed
Name
Address:
City/State/Zip:
Telephone: Email: Title:
Select One of the Following: ❑ Corporation ❑ Partnership. ❑ Individual ❑ Other
State Contractor's License No.:
State UBI No.:
State Contractor's License Expiration Date:
Month Day Year
State Worker's Comp. Account No..
PROJECT SUMMARY: Federal Way Parks Department is requesting quotes for Contracted Electrical services.
1. Electrical services shall include but not be limited to: repairs, maintenance, trouble shooting, replacement of; fixtures, ballast, breakers and other
components.
2. Contractor and employees shall be skilled and able to perform fixture repairs and bulb replacements on a variety of lighting poles, including up to
100' sports field lighting on turf fields.
3. Contractor provided materials will be marked up at an agreed upon percentage above wholesale.
4. City reserves the right to solicit quotes on electrical repairs that may exceed $4,000
LOCATIONS: All City of Federal Way facilities within City limits.
PROPOSALS: Please submit the following rates which will be the basis for invoicing electrical services work. Rates should account for a 3-year contract;
based upon prevailing wages.
Hourly Journeyman bid rate:
Projects up to 8hrs/day
$
Per hour
OT rate over 8hrs
$
Per hour
Saturday hourly rate
$
Per hour
Sunday hourly rate
$
Per hour
Hourly Apprentice bid rate:
Projects up to 8hrs/day
$
Per hour
OT rate over 8hrs
$
Per hour
Saturday hourly rate
$
Per hour
Sunday hourly rate
$
Per hour
Equipment rate bid:
15' to 40' personnel lift
$
Per day
$
Per week
4V to 110' personnel lift
$
Per day
$
Per week
Materials charged at %
Mark up above wholesale cost
Emergency Response time (check the one your company ivill commit to under contract): ❑ 2-4 hours ❑ 4-6 hours ❑ 6-8 hours
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-6 2022-2026
CFW RFQ VERSION 2020-JUNE
Comments.
SELECTION CRITERIA:
Responsiveness to quote - 25% Ability/History to complete this type of contract - 25% Price - 50%
All quotes must be received no later than 2:00 PM October 5, 2022. Questions may be referred to Jason Gerwen at .Iasrin.gcrwenci ci ❑ffcderal%vay.cnn
or Derreck Presnell at dermck.nresnelltt-i�eityoffederiNvay,cp- . Please email quotes to: Sherri.IYelsnnra citynlEcdrrstl�yay.com.
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 specifredfor
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 maybe
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.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-7 2022-2025
CFW RFQ VERSION 2020-JUNE
The documents incorporated by reference, as if fully set forth, are the Notice to Contractors, the Instructions to
Bidders and Checklists, the Contractor's Quote (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 Notice to Contractors 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.
NON -COLLUSION AFFIDAVIT
By signing this quote, the undersigned acknowledges that the person(s), firm, association, or corporation has
(have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise
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
toll -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 activities. 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-COMPETITIVE PRACTICES
By signing this quote, 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 materials required to be performed
and/or provided under this contract and that it shall not employ any person or agent having 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 entertainment, 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 the
last one year, to have committed any combination of two of the following violations or infractions within a five year
period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under Chapter
18.27 RCW.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-8 2022-2025
CFW RFQ VERSION 2020-JUNE
CERTIFICATION OF LAWFUL EMPLOYMENT
The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now
or as herein after amended, 8 U.S.C. 1101 et. Seq., and that all employees, including subcontractor employees,
are lawfully permitted 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:
Addendum No. Date Issued:
Addendum No. Date Issued:
Addendum No. Date Issued:
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.
By:
Signature
Printed Name
Title
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-9 2022-2025
CFW RFQ VERSION 2020-JUNE
CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION
FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID QUOTE PACKAGE WILL MAKE THIS
BID NONRESPONSIVE AND INELIGIBLE FOR AWARD.
I hereby certify, under penalty of perjury under the 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 final and binding
citation and notice of assessment issued by the Washington State Department of Labor and industries or through
a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW
49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the
Request for Bids.
Bidder Name:
By:
Print Full Legal Name of Firm
Signature of Authorized Person
Title.
Title of Person Signing Certificate
Date:
Print Name of Person Making Certifications for Firm
Place:
Print City and State Where Signed
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-10 2022-2025
CFW RFQ VERSION 2020-JUNE
SMALL PUBLIC WORKS CONTRACT
THIS SMALL PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of
20 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or
Owner"), and a ("Contractor"), for the project known as
(the "Project").
A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform
work necessary to complete the Project; 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 Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other
items incidental thereto necessary for the completion of Projects issued via Task Orders. Contractor shall perform
the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance
with and as described in 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 Scope of Work:
1.2.1. Electrical services shall include but not be limited to: repairs, maintenance, troubleshooting,
and replacement of fixtures, ballast, breakers, and other components. Your company must
be able to demonstrate knowledge and resources to perform repairs and bulb replacements
on lighting poles up to 100' on athletic turf fields.
1.2.2. Contractor and employees shall be trained and skilled to perform all related services, and
have experience with all types of electrical services and voltages.
1.2.3. Contractor will coordinate with designated City staff and obtain approval prior to using more
than one electrician on a job that normally could be performed by one journeyman electrician.
1.2.4. Contractor provided materials will be marked up at an agreed upon percentage rate above
wholesale. (see quote sheet)
1.2.5 Contractor must be able to respond to emergencies within [insert timeframe submitted on bid
documents here] of contact by the City as agreed in this contract, and respond in writing to
requests for services by the City within 24 hours. Upon identification of a project by the City,
the City and Contractor will negotiate scope, schedule, and budget for the specific project
which will be included in a "Task Order." The "Task Order" form is attached as "Exhibit A." At
the time the City contacts the contractor, with the City will specifywhether the request is for
emergency services or other services.
1.2.6. City reserves the right to solicit quotes on electrical repairs that may exceed $4000
1.2.7 Locations: All City of Federal Way facilities within the City limits.
1.2.8 Definitions
A. Owners: Park, Recreation & Cultural Services; City and/or City of Federal WaV and their
authorized representatives shall be understood to mean one and the same.
B. Contract Administrator shall be the City of Federal Way Parks Maintenance Division duly
authorized representative.
C. Approved means approved by the Owner.
D. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal
to or better than the required materials or methods.
E. As shown shall mean as shown on the contract drawings, maps or details.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-11 2022-2025
CFW RFQ VERSION 2020-JUNE
F. Soecifications shall mean these specifications, the Specifications and all addenda
thereto.
1.2.9. Contractor will furnish all labor, tools, specialized equipment, and materials.
1.2.10. Contractor will dispose of all waste materials properly.
1.2.11. All fieldwork shall be performed by or under the supervision of a qualified journey electrician.
1.2.12. Contractor will ensure that employees comply with all applicable City of Federal Way and
Washington State regulations and practices with respect to work performed for the City of
Federal Way.
1.2.13. Contractor's personnel will conduct themselves on site in a professional manner at all times
and be identifiable with company name/logo on uniform and vehicle.
1.2.14. The Contract Administrator or appointed designee will inspect work performed by the
Contractor on a regular basis. In the event of work performance deficiencies, the Contract
Administrator will notify the Contractor. Notification may be verbal or written. The City may
choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment.
1.2.15. Equipment intensive work shall not commence before 7:00 a.m. and end by 8:00 p.m. on
weekdays, (weekend work not allowed without prior approval) and special considerations and
arrangements may be required at the Dumas Bay Centre.
1.2.16. Report any damage, or potential hazard, involving City property immediately to the City of
Federal Way Parks Department, (253) 835-2700. After hours emergencies should be
reported to the Police/Fire Communications Center - 911.
1.2.17. Hazardous conditions shall be immediately remedied or secured to prevent further damage
and/or protect public from injury.
1.2.18. Incidents, altercations, or accident involving the public shall be reported to the Contract
Administrator within 24 hours. The Contract Administrator, at his or her discretion, may
require a written report from the Contractor describing the incident or accident.
1.2.19. The Contractor, at his or her expense, will remedy any damage to City structures or plant
material due to Contractor negligence in a timely manner.
2. TERM
2.1 This Contract shall commence on the effective date of this Contract and continue until December 31,
20225 unless mutually extended for one year through contract change order.
2.2 The Contractor must complete the Work in accordance with the number of Working Days for the
Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the
Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed
within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in
the amount set forth in the Contract Documents. The parties acknowledge that delays inconvenience the public
and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of
the Project and diverting City resources from other projects and obligations.
2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the
Engineer in accordance with the Contract Documents. Any request for a time extension or additional
compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be
made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-12 2022-2025
CFW RFQ VERSION 2020-JUNE
the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages,
or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to
such request.
3. COMPENSATION
3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an
amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($ 350,000.00), which amount shall
constitute full and complete payment by the City ("Total Compensation"). 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.
3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Task
Orders issued for each scope of work specified in each associated Task Order and consistent with the unit prices
specified in the Bid Quote and as detailed in the Contract Documents. The Bid Quote is incorporated herein and
made a part hereof by this reference. 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 and absolute discretion, which shall be
withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City.
Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to
controlling laws. Annual increases in Bid Quote prices may be negotiated and executed via change order to
accommodate material cost increases, union labor contract increases, use of subcontractors in -lieu of in-house
staff. Contract increases shall be consistent with the Puget Sound Cost Price Index on June 30 for the previous
year. Contractor shall provide all back-up documentation to support annual cost increase requests.
3.3 Payment by the City for the services will be made only 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 charges for Work performed consistent with the Bid Quote amounts. Payment shall be made on
a monthly basis, thirty (30) days after receipt of such billing statement.
3.4 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain
Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time
incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event,
occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or
related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in
Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the
work is performed and kept separate so as to distinguish it from Contract Work.
4. INDEPENDENT CONTRACTOR
4.1 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 security or other tax which may arise as an incident of
employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. 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. Nothing contained in this Contract
shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party
against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers,
or consultants.
4.2 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.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-13 2022-2025
CFW RFQ VERSION 2020-JUNE
5. INDEMNIFICATION
5.1 Contractor Indemnification.
5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees,
agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and
pay and damages or judgments, related to any claim brought by any person employed in any capacity by the
Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages,
salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement,
vacation, sick leave, etc.
5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold
harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs,
damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney
and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising
from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract
or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the
Work and any injuries to persons or property arising out of the performance of this Contract are caused by or
result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for
whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this
Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees,
and anyone for whom they are legally liable.
5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own
employees or former employees against any Indemnified Party, and for that purpose 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. Provided, however, the Contractor's waiver of immunity by the
provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not
include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor
recognizes that this waiver was specifically entered into.
5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by
Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for
additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or
arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants
that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract
Documents and assumes all risk thereof.
5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract
with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any
applicable statute of repose with respect to claims, fines, costs or damages brought or made against any
Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or
remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract.
5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City
may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any
other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the
City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate
assurance of the protection of the City's and the other Indemnified Parties interests.
5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor
to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the
same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5.
6. OWNERSHIP OF DOCUMENTS
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-14 2022-2025
CFW RFQ VERSION 2020-JUNE
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, whether or not required to be furnished to the City,
shall become the property of the City, shall be delivered to the City at its request, and may be used by the City
without restriction.
7. PATENTS COPYRIGHTS AND RIGHTS IN DATA
7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by
and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible,
determine that it is in the public interest that it not be so owned or available.
7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified
to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is
hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state
or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and
deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the
City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated
in Sections 6 and 7.
7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents
exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case
of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement
on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior
to printing.
7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are
included in each subcontract for the work on the Project.
8. GENERAL PROVISIONS
8.1 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. In entering into this Contract, neither party has relied upon any
statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except
for those expressly contained in the Contract Documents.
8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the
Notice to Contractors, the Instructions to Bidders and Checklists, the Contractor's Quote (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.
8.3 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 in accordance with
the Contract Documents.
8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue
a Change Order at any time making changes within the general scope of the Contract, without invalidating the
Contract and without providing notice to sureties. The City's issuance of a unilateral Change Order shall not be
construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for
change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the
Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-15 2022-2025
CFW RFQ VERSION 2020-JUNE
8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method
be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision,
any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid
or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be
considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be
entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest
or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing
notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment
is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims
consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special,
consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or
suppliers.
8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the
Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee
or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties.
If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such
manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of
defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting
loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor
such guarantee or warranty. This obligation survives termination of this Contract.
8.7 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.
8.8 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.
8.9 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.
8.10 Time Limitation and Venue. For the convenience of the parties to the Contract it is mutually agreed
by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from
the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial
Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and
(ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of
action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim,
cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive
jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor's
failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action.
It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor
asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall
permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the
claims, action, or dispute.
8.11 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.
8.12 Sole Authority/Discretion/Judgment. Where the Contract Documents provide the City or its Engineer
with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered
unconditional and absolute.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-16 2022-2025
CFW RFQ VERSION 2020-JUNE
8.13 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.
8.14 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.
8.15 Cit,y's Representative. The City's Representative directly supervises the administration of this
Contract. The City Representative's authorities, duties, and responsibilities are limited to those specifically
identified in the Contract Documents. Designation of an individual or entity as the City's Representative for the
Project is solely to identify the representative of the City as described in the Contract Documents.
The City Representative for this Project is designated as: Derreck Presnell
8.16 Notices. Any notices required to be given to Contractor or to the Engineer 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.
CONTRACTOR: [Company Name]
Attn: Individual to receive notices
Street Address
City, State, Zip
CITY REPRESENTATIVE: City of Federal Way
Attn: Derreck Presnell
33325 8th Ave S
Federal Way, WA 98003
8.17 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.
8.18 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.
8.19 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.
9. PERFORMANCE/PAYMENT BOND
Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned
upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations, (ii) the
payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with
provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties
incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW
60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities,
increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of
the bond.
Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract is less
than One Hundred Fifty Thousand Dollars ($150,040.00), the City may, in lieu of a bond, retain ten percent
(10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of
all necessary releases from the Department of Revenue and the Department of Labor and Industries and
CITY OF FEDERAL WAY Contracted Electrical Services
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settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The Contractor must notify the City in
writing if it elects to take this alternative.
DATED the day and year set forth above.
CITY OF FEDERAL WAY:
Jim Ferrell, Mayor
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
NOTARY OF CONTRACTOR'S SIGNATURE:
STATE OF WASHINGTON
) ss-
COUNTY OF
CONTRACTOR:
Signature of Authorized Individual
Printed Name of Authorized Individual
Street Address
City, State, Zip
U5E FOR CORPORATE NOTARY OR DELETE & REPLACE WITH INDIVIDUAL NOTARY.
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
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
USE FOR INDIVIDUAL NOTARY Cr.. DEI_I;TE.
On this day personally appeared before me, to me known to be
the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they
executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN my hand and official seal this day of , 20_.
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(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
CITY OF FEDERAL WAY Contracted Electrical Services
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EXHIBIT A = SAMPLE TASK ORDER
4
city of
Federal Way
Contract Name: _
Contract Number:
TASK ORDER No.
TASK ORDER Name:
Date:
Description of work:
Estimated Costs:
Contract Value:
Total Task Costs To
Date:
This Task Order Estimate
Cost:
Contract Remaining:
Task Order Summary
Task
Order No.
Task Order Name:
Amount
S
5
5
5
$
Total Contracted to date
1 S
Agreed Upon:
[Contractor's Name]:
By:
Name: Date: .
City of Federal Way:
Task Manager _
Name: Date:
Contract Manager:
Name: Date:
CITY OF FEDERAL WAY Contracted Electrical Services
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CFW RFQ VERSION 2020-JUNE
SAMPLE CONTRACT CHANGE ORDER
PROJECT NUMBER AGREEMENT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE
PROJECT TITLE
SUMMARY OF PROPOSED CHANGES:
This Change Order covers the work changes summarized below:
The time provided for completion in the Contract is
CONTRACTOR
❑ Unchanged
❑ Increased by _Working Day(s)
❑ Decreased by_ Working Day(s)
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? ❑ Yes ❑ No
If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No
MODIFICATIONS TO UNIT PRICES:
PREVIOUS REVISED
ITEM NO. ITEM QTY UNIT PRICE UNIT PRICE ADD OR DELETE
THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE:
ITEM NO. ITEM QTY UNIT PRICE ADD OR DELETE
TOTAL NET CONTRACT: 11NCREASE $ DECREASE $
DEPARTMENT RECAP TO DATE:
ORIGINAL CONTRACT AMOUNT
$
PREVIOUS CHANGE ORDERS
$
THIS CHANGE ORDER
$
NEW CONTRACT AMOUNT
$
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.
The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-21 2022-2025
CFW RFQ VERSION 2020-JUNE
Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to
Change Order except as specifically described in this Change Order.
CONTRACTOR'S SIGNATURE DATE
PUBLIC WORKS DIRECTOR DATE
Contract Change Order
provided for Contractor's
reference. Change orders
executed during the project
Will use this form.
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-22 2022-2025
CFW RFQ VERSION 2020-JUNE
CERTIFICATE OF INSURANCE
Contractor's Certificate of
Insurance to be inserted
here during Contract
Execution
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-23 2022-2025
CFW RFQ VERSION 2020-JUNE
PERFORMANCE AND PAYMENT BOND
CONTRACTED ELECTRICAL SERVICES
The City of Federal Way ("City") has awarded to ("Principal"), a contract
for the construction of the above referenced project, and said Principal is required to furnish a bond for
performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of
Washington (RCW) and (where applicable) Chapter 60.28 RCW.
The Principal, and ("Surety"), a corporation organized under the laws of the State
of and licensed to do business in the State of Washington as surety and named
in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the
Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of
Federal Way, in the sum of US Dollars
($ ) Total Contract Amount, subject to the provisions herein.
This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,
or assigns shall:
1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and
conditions of all duly authorized modifications, additions, and changes to said Contract that may
hereafter be made, at the time and in the manner therein specified; and if such performance
obligations have not been fulfilled, this bond shall remain in force and effect; and
2) Pay all persons in accordance with Chapters 39.08, 39.12, and 60.28 RCW including all workers,
laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such
contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes
incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under
Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full
force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the
Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall
in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or
addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes
to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall
automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such
increased obligation.
This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed,
original power of attorney for the office executing on behalf of the surety.
PRINCIPAL: SURETY:
Principal Signature
Printed Name
Title
Date Surety Signature
Printed Name
Title
Date
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-24 2022-2025
CFW RFQ VERSION 2020-JUNE
BOND NO.
APPROVED AS TO FORM:
CITY OF FEDERAL WAY
LOCAL OFFICE/AGENT OF SURETY:
Name
Street Address
City, State, Zip
Telephone
J. Ryan Call, City Attorney
Contracted Electrical Services
RFQ-25 2022-2025
CFW RFQ VERSION 2020-JUNE
CONTRACTOR'S RETAINAGE OPTION
IDENTIFICATION AND DESCRIPTION
Project Title:
RFB No:
Contractor:
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 unless the Contractor elects that the City
may retain 10% of the contract amount in lieu of a performance and payment bond pursuant to RCW
39.08.010.
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:
0 Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor.
0 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.
0 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.
0 Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these
Contract Documents.
Contractor Signature Date
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-26 2022-2025
CFW RFQ VERSION 2020-JUNE
RETAINAGE BOND TO CITY OF FEDERAL WAY
CONTRACTED ELECTRICAL SERVICES
KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned,
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 above -referenced 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 material men
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 of $
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 Contracted Electrical Services
RFQ-27 2022-2025
CFW RFQ VERSION 2020-JUNE
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:
CORPORATE SEAL:
PRINCIPAL:
By:
Title:
Address.
SURETY:
By:
Attorney -in -Fact
(Attach Power of Attorney)
Title:
Address:
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-28 2022-2025
CFW RFQ VERSION 2020-JUNE
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 Principal
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 Corporation by authority of its
governing body.
Secretary of Surety
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
CITY OF FEDERAL WAY Contracted Electrical Services
RFQ-29 2022-2025
CFW RFQ VERSION 2020-JUNE
COUNCIL MEETING DATE: September 20, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: v a
SUBJECT: CONTINUATION OF THE PUBLIC HEARING FOR BALLY'S COMPREHENSIVE PLAN AMENDMENT,
REZONE AND DEVELOPMENT AGREEMENT (CONTINUED FROM AUGUST 9, 2022.)
POLICY QUESTION: N/A
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Natalie Kamieniecki, Associate Planner DEPT: Community Development
Attachments: 1. Summary Memo dated September 9, 2022
2. Staff Report and Exhibits available in August 9, 2022 City Council Meeting materials
Options Considered:
1. Close the public hearing.
2. Continue the public hearing to another date and time.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
Initial/Date
i
DIRECTOR APPROVAL:
Initial/Date /
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to close the public hearing. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 14, 2022
TO: Jim Ferrell, Mayor
City Council Members
FROM: Natalie Kamieniecki, Associate Planner
SUBJECT: Summary of Bally's Public Hearing — August 9, 2022
The City Council opened the Public Hearing for the Bally's Comprehensive Plan
Amendment, Rezone and Development Agreement at its regularly scheduled meeting on
August 9, 2022. The Department of Community Development staff, Associate Planner
Natalie Kamieniecki, presented the staff report and exhibits.
The property owner's representative, Mr. Eric Labrie, President of ESM Consulting
Engineers, presented on behalf of the property owners and expressed that the approval of
the Bally's Development Agreement will grant new life to a property that no longer
provides a benefit to the community. It should be noted that only the parcel has been zone
Office Park. The existing building was constructed in the mid 70's under King County
Jurisdiction and it is likely that in the process of city incorporation the parcel was
designated OP to fit the existing use at the time. The site has been vacant for at least 7
years and no longer provides recreational opportunities, job opportunities or tax revenue
for the city. Since the site has been vacant the property has been for sale. Through the
review process of the comprehensive plan amendment and working with Intrcorps, a
townhome community proposal and Development Agreement that met a lot of the City
goals came together. The Development Agreement provides missing middle housing
options, a pathway to home ownership with the recording of a condominiums and returns
the site to a benefit to the community and will generate tax revenue.
The potential property buyer's representative for Intracorp, Ms. Lis Soldano, stated that
Intracorp has been building quality market rate housing types throughout the Puget Sound
region for over 30 years. Federal Way has excellent lifestyle amenities and access to
transportation including the upcoming light rail. The site has been vacant for 7 years and
is a visual blight on the community. A new townhome community at the site would
include landscaping, outdoor recreation areas and foster community and neighborhood
safety. The proposal supports the city's housing action goals by providing high quality
market rate units with between 2-4 bedrooms, 2-car garage and private entries. Interiors
will be light and bright with modern finishes and amenities consistent with single family
homes. The project will enhance neighborhood character and remove a visual blight from
the community. The new construction at the site will enhance neighborhood property
values.
At the conclusion of city staff and applicant presentations, the City Council opened the
Public Comment portion of the hearing. Five members of the public provided testimony.
A summary of those comments are provided below:
1. Ken Pratt — Not against the rezone; however, has concerns over possible
conflicting driveway access alignment at the subject property and the south
entrance gate of Quiet Forest II. Wants the development to be owner occupied,
homeowners have more pride.
2. Alexander Milsten — Rezone to a mixed -use district. Promote walkability to
commercial services within the area including onsite will save on transportation
costs. Development should include both residential and commercial use.
3. Carolyn Davis — Concerns about parking on main road (S 328I' ST). Satisfied
with guest parking.
4. Jan Barber — Circulated petition in opposition of the proposal with approximately
45 signatures. Expressed concerns regarding ingress and egress, congestion
related to school busses, increasing peak hour trips. Colonial Forest no longer has
a bus services as it did in the past.
5. James Kim — Resides in Quiet Forest II and worked on circulation of the petition
in opposition of the proposal. Stated that most neighbors opposed the rezone.
Concerns about heavy traffic on S 3281' ST and low-income apartments.
Questions whether any other uses for the site have been given an opportunity and
suggests alternate proposals for use of the site such as Urban Agriculture.
At the conclusion of Public Comment, City Council Members began discussion
and requested additional information from city staff and the potential buyer. The
following represents a synopsis of the discussion and responses:
Councilmember Assefa-Dawson — Questioned if the development was market rate
or low income. Appreciates the idea of mixed use; walkability to cut down on car
use and would like to see a percentage of the units owned. Asked whether any of
the units would be ADA accessible.
Staff response — Development Agreement proposed market rate
development. The FWRC includes a provision that after a certain number
of units, a percentage would be required to designated as affordable. A
restrictive covenant would be recorded on the property regarding the
affordable units. ADA accessibility is not required for single family
townhomes.
Councilmember Dovey — Would like more follow up on the subject of home
ownership opportunities and questioned the intended plan of the developer to hold
onto the property or sell to individual homeowners. Assumes that when the
property sold the owners knew the existing zoning and that it did not allow
townhomes or other residential uses. Questioned the developer on the number of
their properties that have been owner occupied vs. for rent. Can the Development
Agreement include a time certain condition for a percentage to be sold for owner
occupancy. If the application is approved, did council create a "flip" for the
property to be sold at a higher price.
Applicant response Mr. Labrie — The Development Agreement includes a
requirement to record a condominium community. Each unit can be
individually sold and will not need additional land use process in order to
immediately sell the units if the market conditions are right. Market
conditions can change rapidly as is the case within the 2-year time frame
that this application has been under review. The development of a
townhome community provides missing middle housing that people can
afford and is a step between an apartment and single-family dwelling.
Developer response Ms. Soldano — Do not have the exact number or
percentage of units for sale and units for rent. Most townhome projects are
sold if market conditions are favorable. It is too soon to tell what market
conditions would be like as the project would not be built until
approximately 2025.
Staff response — The Development Agreement is a negotiation that the city
and applicant enter into and is binding on the property. The Development
Agreement is recorded on site and any future owner would be obligated to
develop within the confines of the agreement. This includes the
construction of market rate townhomes and condominium community. The
recording on the condominium will eliminate any barriers or additional
land use approvals for the units to be sold to individual owners when
market conditions are favorable.
Council President Kochmar — Expressed that the condominium in place appears to
be the benefit of the Development Agreement and sets up a transition from rental
to ownership as the market allows. Questioned the applicant about traffic concerns
Mr. Labrie — The proposal is a non -project action. The land use application
process will include a traffic study and concurrency analysis. Typically,
access is taken off the lower classification of roadway, in this case S 328th
ST. The level of design for precise ingress and egress location will occur
with the land use permit. This is the same for the level of design for the
size and configuration of stormwater facilities.
Deputy Mayor Honda — Understood from the Planning Commission proceedings
that creating a pathway to home ownership was a concern. Has had. conversation
with other developers that it is too expensive to build in Federal Way and the units
would be rentals for a long time. Expressed concerns with traffic on S 328th ST as
the street currently is very pretty appears to not belong in Federal Way, but a
peaceful little town without a lot of people. Concerned with potential access from
I" Ave S and that S 328th ST is not ready to for more traffic and vehicle parking.
Questioned if the developer has entered into this type of agreement in another
project. If the zone changed could DevCo develop the property.
Staff response — The discussion for the proposal is zoning and use of the
property. Specific development regulations will be looked with a land use
permit. The land use permit will identify how to accommodate traffic. The
Development Agreement for market rate townhome development and
condominium would be required regardless of who the developer happens
to be.
Councilmember Walsh — Interested in the possible location for ingress and egress.
Questioned what is the number of units where low income becomes required, the
percentage of low income units required and what is the definition of
affordability. Could the Development Agreement include a certain number of
units to be sold within a specific time frame.
Staff response — Provided Council with FWRC section for affordable
housing. Affordable housing units are required for developments over 25
units, minimum 2 units or 5 percent of units which ever is greater. Owner -
occupied affordable housing means dwelling units that are offered for sale
at a rate that is affordable to those individuals and families having incomes
that are 80 percent or below the median county income. Rental affordable
housing means dwelling units that are offered for rent at a rate that is
affordable to those individuals and families having incomes that are 50
percent or below the median county income. Setting a time certain
requirement to sell the units is problematic to enforce. What would the city
do if the owner refused to sell or could not sell; would people be evicted or
displaced? It is not practical to enforce such a restriction.
Council member Dovey moved to continue the Public Hearing on the 2021
Comprehensive Plan Amendment and Development Agreement for the former
Bally's property to the September 6, 2022 Council Meeting; second by Council
Member Norton. Councilmember Tran offered a friendly amendment to continue
the public hearing to September 20, 2022 as he will not be in attendance on
September 6, 2022 meeting. Councilmember Dovey accepted the motion.
Councilmember Dovey moved to continue the pubic hearing to the September 20,
2022 Council Meeting; second by Councilmember Norton.
COUNCIL MEETING DATE: September 20, 2022 ITEM #:
. ... ..
9a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MAYOR PRESENTS 2023-2024 PROPOSED BIENNIAL BUDGET
POLICY QUESTION: N/A
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: DEPT:
Attachments: 2023-2024 Proposed Biennial Budget
Summary/Background: Mayor Ferrell will present the proposed 2023-2024 Biennial Budget to the
City Council.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
iRF.,CTOiz APPROVAL:
"112 Z
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 4/2019
RESOLUTION #
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CITY OF FEDERAL WAY 2023-24 BUDGET
2023-2024 BIENNIAL BUDGET
PUBLIC MEETINGS
The following City Council meetings have been scheduled to consider the 2023-24 Biennial Budget.
All meetings will be held in -person in Council Chambers at City Hall, with a remote option available.
Tuesday, September 20, 2022 at 5:00 p.m. Workshop/Study Session
• Budget Overview - Revenue Forecast & Economic Assumptions (Groom & Davis)
Tuesday, September 20, 2022 at 6:30 p.m. Regular City Council Meeting
• Mayor Ferrell Presents Proposed 2023-2024 Biennial Budget to Council
Monday, September 26, 2022 at 5:00 p.m.
Workshop/Study Session
Budget Presentations:
• Federal Way Municipal Court (Judge Larson & Judge Bales)
• Finance; Human Resources; City Clerk's Office; Legal; Community Development;
Economic Development; Emergency Management; Information Technology, City Council
and Mayor's Office (Davis)
• Performing Arts & Event Center, Dumas Bay, and Federal Way Community Center & Parks
Department (Hutton)
Thursday, September 29, 2022 at 5:00 p.m. Workshop/Study Session
Budget Presentations Continued:
• Police Department (Chief Hwang); and Public Works (Walsh);
• Debt: Operations Shop and Capital Planning (Davis, Groom, Walsh)
Tuesday, October 4, 2022 at 5:00 p.m. Workshop/Study Session
• City Council Deliberations on the 2023-2024 Biennial Budget
Tuesday, October 18, 2022 at 5:00 p.m. Workshop/Study Session
• Continue City Council Budget Deliberations on the 2023-2024 Biennial Budget
Tuesday, October 18, 2022 at 6:30 p.m. Regular City Council Meeting
• Revenue Public Hearing: Proposed 2023 Property Tax Levy (required by RCW
84.55.120)
• Preliminary Public Hearing: 2023-2024 Biennial Budget (required by RCW 35A.34)
Tuesday, November 1, 2022 at 6:30 p.m. Regular City Council Meeting
• Final Budget Public Hearing: continued from Oct 18 meeting (required by RCW 35A.34)
• Introduction Ordinance/2023-2024 Biennial Budget
• Introduction Ordinance/2023 Property Tax Levy
Tuesday, November 15, 2022 at 6:30 p.m.
• Enactment Ordinance/2023-2024 Biennial Budget
• Enactment Ordinance/2023 Property Tax Rate
• Resolution/2023 Fee Schedule
Regular City Council Meeting
2
CITY OF FEDERAL WAY 2023-24 BUDGET
ERICA NORTON
Councilmember #2
2022 CITY OFFICIALS
EXECUTIVE & LEGISLATIVE BODY
LINDA KOCHMAR
Council President
JIM FERRELL
Mayor
SUSAN HONDA
Deputy Mayor
HOANG V. TRAN
Councilmember #4
LYDIA ASSEFA-DAWSON
Councilmember #1
JACK WALSH
Councilmember #5
Term
Position
Incumbent
Expires
Mayor
Jim Ferrell
12/31/2025
Position #1
Lydia Assefa-Dawson
12/31/2023
Position #2
Erica Norton
12/31/2025
Position #3
Susan Honda,
12/31/2023
Deputy Mayor
Position #4
Hoang V. Tran
12/31/2025
Position #5
Jack Walsh
12/31/2023
Position #6
Jack Dovey
12/31/2025
Position #7
Linda Kochmar,
12/31/2023
Council President
JACK DOVEY
Councilmember #6
3
CITY OF FEDERAL WAY 2023-24 BUDGET
CITY ADMINISTRATION
Mayor..........................................................................................Jim Ferrell
Interim City Administrator.......................................................... Brian Davis
CityAttorney................................................................................. Ryan Call
City Clerk......................................................................
Stephanie Courtney
Community Development Director .............................................
Brian Davis
Economic Development Director......................................................
Vacant
Finance Director.....................................................................
Steve Groom
Human Resources Manager ...............................................
Vanessa Audett
IT Director..........................................................................Thomas
Fichtner
ParksDirector...........................................................................
John Hutton
Police Chief.............................................................................
Andy Hwang
Public Works Director...................................................................
EJ Walsh
JUDICIAL BRANCH
Presiding Judge...................................................................... David Larson
Judge.......................................................................................... Brad Bales
Court Administrator................................................................ Tiziana Giazzi
FINANCE DEPARTMENT STAFF
Deputy Finance Director ..................................................... Chase Donnelly
Accounting Specialist...........................................................Jennifer Pettie
Accounting Technician........................................................Donielle
Nevels
Administrative Assistant......................................................... Sherri Nelson
Financial Analyst....................................................................... David Liang
Financial Analyst ................................................
Haileen Valdez Madarang
Payroll Analyst........................................................................... Janet Nolte
Sr Financial Analyst................................................................. Linda Walker
4
CITY OF FEDERAL WAY 2023-24 BUDGET
TABLE OF CONTENTS
INTRODUCTION
Schedule of Budget Study Sessions ......
City Officials, Legislative Body and Staff
TABLE OF CONTENTS ...............................
................. 2
................. 3
BUDGET TRANSMITTAL MESSAGE
Overall City Revenue, Expenditure, and Fund Balance........................................................
2023-24 Budget Goals............................................................................................................
Challenges of the 2023-24 Budget.........................................................................................
Accomplishments of the 2023-24 Budget...............................................................................
Revenue Forecasting..............................................................................................................
CitywideDebt.........................................................................................................................
CitywideCash Position...........................................................................................................
Expense Management and Course Correction......................................................................
OPERATING BUDGET - CITYWIDE
2023 Proposed Budget — Summary of Revenues and Expenditures — All Funds ..................
2024 Proposed Budget — Summary of Revenues and Expenditures — All Funds ..................
Explanation of Major Changes in Fund Balances..................................................................
Fund Structure and City Departments....................................................................................
Sources and Uses — All Funds...............................................................................................
Expenditure Summary — All Funds.........................................................................................
General and Street Fund Consolidated Summary.................................................................
Expenditure Summary — General Fund..................................................................................
City -Wide Staff Positions........................................................................................................
Funded and Unfunded Budget Needs...................................................................................
Major Revenue Forecasts......................................................................................................
OPERATING BUDGET BY DEPARTMENT
Mayor's Office.........................................................................................................................
CityCouncil.............................................................................................................................
Community Development Services........................................................................................
Finance...................................................................................................................................
Information Technology..........................................................................................................
Law.........................................................................................................................................
MunicipalCourt.......................................................................................................................
Parks, Recreation and Cultural Services................................................................................
Police......................................................................................................................................
PublicWorks...........................................................................................................................
DEBT
DebtSummary........................................................................................................................
CAPITAL BUDGET
Proposed Capital Improvement Projects................................................................................
APPENDIX
Organization chart .................................
Citymap ..................................................
Budget process .......................................
Financial policies ....................................
Basis of accounting .................................
GFOAAward ..........................................
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25
26
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CITY OF FEDERAL WAY 2023-24 BUDGET
Budget
Transmittal
Message
I k —t"4I r
4
CITY OF FEDERAL WAY 2023-24 BUDGET
Budget Transmittal Message
September 15, 2022
Dear Citizens of the City of Federal Way and Members of the City Council:
This budget, the culmination of months of combined effort by city staff in every department, fulfills the
following purposes:
• Communicates transparently our commitment to serve our 2023.24 Budget
citizens, residents and taxpayers. —
• Provides an operational guide to balancing prioritized service
delivery with demonstrated accountability to budgetary
controls. � ~
• Communicates the long-term vision of City Council and City rt
Management.
r
• Links funding to service delivery commitments, keeping
within our means.
This transmittal message and accompanying material presents summary information to give the reader
a clear picture of the city's structure and overall services plan in sufficient detail to assure transparency
and accountability.
The 2023-24 Budget, once adopted by City Council, incorporates all the direction discussed and
approved during the entire public budget process. This document presents a balanced General Fund
budget; revenues and available resources exceed expenditures resulting in a positive contribution to
reserves.
2023-24 Proaosed Budaet Summ
As shown in the table below, the proposed budget shows forecasted revenues and expenses compared
to current and prior year with ending fund balance:
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Proposed 22 Ad'
Adopted
Adjusted
Projected
Chg
%Ch
BEGINNING FUND BALANCE
$ 69,236,800
S 72,206,885
S 60,598,909
S 92,287,328
$ 92,287,328
$ 71,207,836
$ 62,292,146
S (21,079,492)
-22.8%
Total Revenues
117,605,137
141,472,804
116,601,304
146,840,628
153,703,035
145,171,974
169,649,382
(1,668,654)
-1.1%
Total Expenditures
1 114,635,052
1 121,392,361
1 121,334,610
174,724,524
174,782,524
154,087,665
1 175,504,723
(20,636,861
-11.8%
Changes in Fund Balance
2,970,085
1 20,080,443
4,733,306
27,883,896
21,079,489
8,915,691
5,855,341
18,968,204
-68.0%
ENDING FUND BALANCE:
$ 72,206,885
1 $ 92,287,328
1 $ 55,865,604
1 $ 64,403,432
1 $ 71,207,836
$ 62,292,146
$ 56,436,805
1 $ 2,111,287
-3.3%
7
CITY OF FEDERAL WAY 2023-24 BUDGET
2023-24 Budget Goals
The budget process requires us to evaluate annually the city's priorities, between immediate services
and infrastructure, across many funds, being mindful of long-term fiscal sustainability. The goals of this
Budget are:
• Make increased investments in the City's commitment to public safety
• Achieve a balanced budget in every fund
• Assure appropriately -prioritized service delivery
• Provide for on -going fiscal strength and sustainability
• Continue to fulfill commitments to existing infrastructure obligations
The 2023-24 Budget achieves all of these goals.
Functions of this Budget
• Policy Document. This budget articulates service delivery and long-term fiscal sustainability
decisions. As a policy document, the budget makes specific linkages between desired goals and
current and foreseeable circumstances.
• Communications Document. The budget is the result of a process that is a conversation with
citizens, voters and taxpayers of the City. The budget is more about services than it is about
money, the result of citizen input prioritizing how limited resources are best used to serve the
needs of our city.
• Operations Guide. The budget lists every department and program of the city. Demand for
services always exceeds resources.
• Legal Authorization. The budget is the legal appropriation authorization to fund the various
operations of the City in the attainment of policy issues and goals. It must meet all the legal
requirements, time lines and constraints of state statute, municipal codes and city charter.
Prioritizing Expenditures at the Policy Level
City Council authorizes, at the moment of budget adoption, city staff to execute both the service delivery
and the ongoing care of the city's infrastructure.
At the policy level, the balancing of service levels and
maintenance of infrastructure is as fundamental as it gets.
Further, the incremental additions of services and
infrastructure in response to the ever-growing demands
requires balancing near- and long-term planning, and
involves defending the fiscal health and sustainability of the
city.
This proposed budget balances current -year service
delivery and maintaining and replacing the city's perpetual
infrastructure care.
Revenues
Service DehivM
Infrastructure
r'l
"I
Police
bpwntown
strouts
Fadlitifs
Cade Enforcement
Parks
PlanniM1g
Streets
Parks
Surface Water
Court
Systems
AdmIniswive
Vehicle,
N..�
CITY OF FEDERAL WAY 2023-24 BUDGET
Challenaes of the 2023-24 Budaet
The 2023-24 budget funds the commitment to maintain services at existing levels as well as maintaining
infrastructure. State law requires cities to have a balanced budget each year - expenses cannot exceed
available resources, which means both incoming revenues plus unspent reserves. Why does the city
face this as a challenge every year? Existing obligations have created a growing challenge for every
city, even before new ideas are suggested. Citizens, residents and taxpayers continue to expect
service delivery in new ways, however the City's ability to maintain services with increasing costs and
refresh existing infrastructure are a challenge that stretch cities' resources.
• Staffing. Budget -balancing efforts of past years have always put stress on the city's staff to be
increasingly efficient and to prioritize effectively. Every budget year, the City seeks to prudently
add more staff in response to service delivery demand. During the last biennium the City added
public safety staff for increased police officers and support. This budget maintains that
commitment.
• Jail Cost. With the dual causation of pandemic and legislative changes, incarceration volume
dropped, creating short-lived savings, but has risen during 2022. The first six months of 2022
are seeing a 57% increase over the same period in 2021. Simultaneously, there has been an
increased cost in the City's share of underlying cost.
• Streets Infrastructure. The City's infrastructure is the City's largest asset, with 315 miles of
streets to maintain, stripe and light. The past expenditures for road maintenance have been
chronically challenging, less than adequate for on -going maintenance and scheduled
replacement. Over the years, funding has been limited in all
funds and continues to be limited in the General Fund as Existing Obligations?
employee costs increase and property tax funding fails to keep Perpetual infrastructure
pace. This is a major challenge impacting the repair and and equipment
maintenance of infrastructure.
replacement must be
• Vehicles. The City's vehicles include a wide variety: police assured before anything
patrol SUV's, large industrial mowers, specialized street new can be added.
construction equipment, and a fleet of vehicles serving citizens
across every department and program. The planning process
to replace on a scheduled rotation requires every program to set aside as part of its budget one
year's share of total replacement. On one hand funds should be there when needed, but
alternatively by systematically replacing vehicles on schedule, perpetual replacement is assured.
This, too, is a major challenge since predicted useful lives vary as well as the quantity of total
vehicles as city circumstances evolve.
• Parks Infrastructure. A city with a single park might finance the playground and other assets
over the life of the equipment thereby spreading the costs appropriately across the users. Our
city saves financing costs by perpetually replacing of park infrastructure on a pay as we go basis,
replacing each one of twenty parks each year. Equipment therefore has to last twenty years, so
pausing even one year could harm the entire park system. Park Management within existing
budgets has proved challenging and this year inflation has put additional pressure on the Parks
Budget.
• Property Tax cap. The state statutes concerning property taxation in general limit increase of
property tax revenue to 1 % for existing property valuation. Properties in Federal Way have
enjoyed increased value in recent years of 6-13%, while the levy on them has been capped at
1 %. The results is a squeeze on the city's budget, putting increasing reliance on other revenue
sources, primarily Sales Tax and Utility Taxes. Services and infrastructure that were reliably
financed by property tax in the past are still required, with reduced financing available. The city
A
CITY OF FEDERAL WAY 2023-24 BUDGET
has juggled and course -corrected by managing savings judiciously every year. Continued
careful management will be required in 2023 and 2024.
• Economic effects of COVID-19. As in most cities in America, the COVID-related economic
consequences of business restrictions and closures impacted the City's Sales Tax, Lodging Tax,
Building Permit Fees, Business Licenses, Utility Tax, Gambling Tax and various criminal justice
revenues. Sales Tax revenue suffered the greatest immediate dollar amount decrease to the
City's budget but rebounded after two months. Lodging Tax suffered the greatest prolonged
dollar amount decrease and is projected to return to pre-COVID levels after two years, an
indicator of the protracted harm to the hotel and related business sector, a component of the
broader city's economy. As the development of this budget, the future still holds significant
uncertainties.
• Inflation and Recession concerns. July's report of the US Bureau of Labor Statics reported
that inflation decreased slightly to 8.5% from
a}5 [PI Inflation
9.1%, however it was the 14th month above
5%. While inflation will work to raise both s
rik iS7 iA IYa
sales tax and the assessed values underlying „• „.
property tax, recession concerns put a damper
on expectation of the volume of sales activity. Jill
The situation hardly new; the 12-month trend ;
is enough of a baseline to give us some
confidence to extrapolate.
• Addressing the chronic Budget Squeeze.
Even though inflation is going up by as much as 3% a year, and even though the value of homes
is increasing as much as 14% or 15% a year (and in some areas even more), by state law, the
city can only increase property tax revenue by 1 % annually on existing property. This has
hampered the ability to ensure that funding for core services is growing at the same or similar
rate as population and inflation. This is especially challenging since about 22% of all general
fund revenue comes from property tax.
AccomDlishments of the 2023-24 Budaet
Budget needs were submitted from all departments and citywide needs, as every year, exceed
forecasted funding. It is not a surprise that money will fix every problem in the city and there is not
enough money. Therefore, the budget process itself must rigorously
consider all requests so that the adopted budget represents the highest What's In and What's
priorities of the city within available revenues. The top priorities that Out? Money will fix
funding will cover include: every problem in the
• Staffing — Public Safety. During 2021, an unprecedented 13 city but there's not
police officers were added along with 3 support staff, to pro- enough money. That's
actively combat what is a nation-wide situation. The 2023-24 why budgeting
Budget maintains this commitment to public safety. matters.
• Staffing — Public Information Requests. The addition of a
public records position will respond to increased volume of public document requests to alleviate
workload across several departments.
• Staffing — Public Works. Winter operations staffing is increased slightly following multiple
years of consistent workload.
10
CITY OF FEDERAL WAY 2023-24 BUDGET
• Parks Infrastructure - Alderbrook and Celebration Parks are next in the rotation for
playground equipment for 2023 and 2024
• Insurance increase - premiums on existing insurance increased as did our self -insured
deductible reserve for pre-2020 cases.
• Jail cost - the budget absorbed a non -discretionary jail cost expense increase.
• Public Safety Communications — ValleyComm contract, the 911 cost -sharing arrangement
with Auburn, Tukwila, Renton, Des Moines and Kent, increased in non -discretionary equipment
and staffing costs.
• Lakehaven hydrant maintenance - increased due to our share of maintenance costs.
• PD Vehicle -perpetual replacement increase due to expansion of patrol car fleet.
• Road salt - an increase for winter operations in line with prior -year actual usage trend.
Revenue Forecasting
In preparing the city's budget, care has been taken to forecast revenues cautiously, conservatively, so
that the resulting budget has a high degree of confidence that the budgeted revenue will be realized
and the expenditures authorized that rely on that revenue are supported. Ordinarily, simple
extrapolation of the historical trend of each revenue is reliable, however due to the economic impacts
of the COVID pandemic of 2020 and following, trend analysis has required a bit more analysis and
evaluation of the circumstances specific to this city.
The city's three most material tax revenues are:
2023
2024
Sales Tax
$ 19.7 million
$ 20.8 million
Utility Taxes
$ 17.4 million
$ 17.4 million
Property Tax
$ 11.5 million
$ 11.7 million
Federal Way Local Economy and Sales Tax Forecast
ales iax - AEtua: ana F areca_ . S:Atis Fak AtWag tubd Fbrecasted by Month
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wiliooe
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Id Ad ra ■r1 A. 1A al hr ruaae ler..l .ti+l ■ 2a2i Acm ■ Xj21 Fi ■ M13 r-m w
s!1 r., «)., Ia.In 7473r MIM I«77 rrar 1J.}rll 45LLU r0.m ;LArl ...w ■hNg7 ,rrsa.l
Sales Tax is the single biggest economic indicator of how well businesses in Federal Way are thriving,
as well as the citizens' ability to prosper. The revenue remitted to the city from the state in the first six
months of 2022 exceeded the same six months in the prior year by 6.9%, each month ranging from
3.1 % to 11.0% over the same month in prior year. The remainder of 2022, 2023 and 2024 is forecasted
at an average increase of 5.7% over the same month in the prior period. This results in an estimated
increase of $1,063,000 for 2023 over 2022 and of $1,123,000 for 2024 over 2023.
11
CITY OF FEDERAL WAY 2023-24 BUDGET
Assessed Valuation and Property Tax Forecast
Property Valuation. King County Assessor's office provides certified assessed value (AV) by
September 25th every year. The graph at right, shows the
historical trend and it is expected to continue. Property Assessed Property Value
values have proven to be resilient in the City of Federal Way, 5..............
resultingin value to property owners that has exceeded the
� p p Y 61°.°°°.°°°.°°°
pace of property taxation.
58,000,000,000
66,000,000,000 - _ - - - _ - - _■_
The $1.60 Levy Cap. The state constitution establishes the 8.5% 11% 6.0% 5.6% 12% 5%
maximum regular property tax levy for all taxing districts °�°° °°°
g p p Y Y 9 5_
combined at 1 %, or $1 0 per $1 ,000 of a property's market 2013 2014 2015 2016 2017 2018 2019 20M 2021 2022 10-
Soutce:King"'tyhttps//kingro ty gov/depts/assessor/Repom/statistical-lports.aspx os of9/612022
value. This cap is further divided by statute to the various
taxing districts, with the maximum regular property tax levy of $3.60 per thousand dollars assessed
valuation (AV), however cities do not receive this amount, it is allocated across all taxing districts, of
which the city is only one. The City's property tax allocation is reduced by $0.50 allocated to library
and $1.50 to fire district. Therefore, the City's maximum levy is capped at $1.60.
Property Tax Levy. The City's property tax levy amount is regulated by state statute (RCW 84.52).
Even though the value of homes has increased historically Property Tax Leyy
in recent years as much as 12% a year (citywide average), 5.a000,00.
by state law, the city can only increase property tax on
existing property by 1 % annually. Property tax revenue is
estimated to increase 1.5% annually because there does 6.�
9% 1.4% 1.9% 1.7% 1.7% 1.5%
continue to be a thriving increase to property due to new
construction, supported by recent historical trends. $2Ir°M0
5
2013 2014 2015 2016 2U17 2018 2013 2020 2021 2022 2023 est
51-King Counry https//kingcounry.gov/depts/assessor/Reports/stanstiml-repom.aspx as 1f91612022
Property Tax Rate. In 2022, the King County Assessor levied $11,608,378 on City of Federal Way's
Assessed Value of $14,324,776,457, therefore the Property Tax rate was approximately $0.81 per
thousand dollars AV. It is important to note that the City has Property Tax Rate
no ability for rate -setting. The rate is purely a function of 51.5°°°°
assessed value, provided by the County Assessor, and the
levy, which is capped by State statute. Therefore, the
resulting decline in property tax rate, shown in the graph to $1 000
right, is purely a result of property tax valuation increase and
--------------------------------------------------------------------------------
a cap on the levy which is not permitted to keep pace with 507000°
property values. The calculated tax rate for 2023 is 2113 1°°4 2111 2111 111] 1111 1111 1121 -21 -22 2°23est
estimated at $0.7800, pending preliminary estimated AV. 5— Km9—tyhttps//k'nyroun".yov/depn/o`senor/Repoml,mttt¢ol-rtpom.usprn 1f9/6/2022
12
CITY OF FEDERAL WAY 2023-24 BUDGET
Overlapping property tax rates. As of the last annual audit, for the year ended December 31, 2021,
most recent data is shown in the graphic here. Subsequent NWkTap kuco-
changes are thought to be minimal and no material ry� �� ;•;• ,�,,h „
increases or decreases are known at this time. This shows
that the average Federal Way property owner sees these L
agencies on their tax bill and the City represents about 8% sas23:4sPof the total.
Utility Tax Revenue Forecast
As with many municipalities, Utility Taxes are a consolidation of several individual utility taxes:
telephone, electric, natural gas, cable, surface water, sewer, solid waste, and water utilities. Cities in
Washington State are authorized to levy a business and Utility Tax- Actual and Forecast
occupation tax (RCW 35.22.280(32)) on public utility 20.000.000
businesses based on utilities within the city or town, known ...... —
16,°°O,l%10
as a utility tax. The rate of taxes for electric, phone, and
natural gas utilities are limited to 7.75% (RCW 35.21.870). 1200_
10,000,000
Utility taxes are a general-purpose revenue source that are
allocated in a balanced budget to fund commitments to -
capital projects, debt service and city services.
2015 Act 201] Act 2018 Act 2019 Act 2020 Act 2021 Act 2022 Est 2023 2024 2025
Utility taxes received a 10% increase when the solid waste f_� fa ,t f—'t
rate changed from 7.75% to 17.75% in 2019. Rates for the 2023-24 are not being changed by any city
council action; the forecasted increase in revenue is attributable to a slight increase in projected volume
and the underlying rates charged by the utilities.
Lodging Tax Revenue Forecast
In formulating the 2023-24 Budget, with six months of actual lodging tax remitted to the City of Federal
Way, the remaining six months were forecasted, using pre-COVID 2019 data, month by month, and
extrapolating the recovery the tourism industry has
slowly experienced. March 2020 was the initial
month that overnight hotel stays dropped
precipitously, with two months experiencing a 77% ,„T
drop compared to prior year. Twenty-eight months ,.�..
later, hotels in the City of Federal Way generated .�
revenues in the first half of 2022 that are still only up
to 90% of 2019 levels. Not only have volumes of Um
hotel stays suffered, but hotels may have resorted to I I I I I 111111 :41 �*
drastic price cuts in order to facilitate the return of
tourism -related business. Again, the City of Federal
Way depends on the hotel and tourism sector to thrive in order for the City's lodging tax revenue to
return and thereby fund the expenditures that the City can provide to foster and encourage tourism
activity.
On August 8th, city staff advised the Lodging Tax Advisory Committee of forecasted Lodging Tax
revenue projections and provided a proposed budget allocation for tourism enhancement grants in
2023-24.
13
CITY OF FEDERAL WAY 2023-24 BUDGET
Citvwide Debt
The City's current debt consists of the remaining debt for capital projects that were financed over
multiple years. Debt issued resulting from the facility built in partnership with other jurisdictions for the
SCORE jail facility continues through 2037.
Ci.v o: F&Ejes.11 .4V0y - 41eG: hE,n-.n-ary - Ali Fs.nic,
Debt issued for the construction of the Federal :,a D1M [Hw
Way Community Center continues through
2032. Debt issued for construction of the
Performing Arts and Event Center has two AG.M.00] _
components which will be extinguished in
2029and 2035.M
0 0 0 0 0 4 o a CD'� M.a n o o a o-0 o
N f4 N M N A N r.i N ry N N it r4 F4 i-f N f4 h.l
No debt is proposed at this time for the 2023- ■IM IVA T"GO nniida.rlpi, Y]033 HO..10 vdlCnmmunri Lanier
�i*LTGO [SCORE) A20340 LTG6 Th. •--'IRkEll
24 Budget, however planning for a „
. luil F
maintenance and operations shop for Public
Works, Parks and Police Vehicles is being evaluated which will likely rely on debt funding. While that
would be an amendment to the Budget, it is prudent to keep a long-term view.
Citvwide Cash Position
The City's cash position has grown increasingly stronger in recent years. The American Rescue Plan
Act grant infused $19.2 million dollars which will be spent over the next two to three years, however is
currently largely invested pending disbursement. Total cash .....,.,.
is largely comprised of funds across the city's many
restricted funds, each fund spendable only for its restricted
purpose.
New for 2023-24, investment revenue is budgeted at $1.8
million dollars per year, the result of investment activity on a
pooled basis that commenced in 2021. As shown in the
graph at right, investments had completely matured and the
city has revived the investment program resulting in a
revenue stream that has allowed the budget to be balanced.
S 1(13.030 1)
�80,644.0}G
TI60.G20.000
544MOMD
;XD30.000
■ Irwas manuoligid7 "GIP [iqu1dlhJ '- Oieeiing Jsalely)
By systematically laddering maturity dates $1 million at a time instead of leaving in the variable -rate
government investment pool managed by the state treasurer, spendable yield has been created while
maintaining safety and liquidity and assuring sufficient cashflow for operations, capital expenditures
and debt service.
American Rescue Plan Act (ARPA
The City of Federal Way was awarded $19.2 million under this Federal legislation, designed to assist
cities with mitigating the economic impact of COVID and rebuilding cities' financial stability and long-
term fiscal health. A very long list of eligible uses has been considered over the past two years and
even as this budget is being prepared, some decisions remain to be finalized. This budget
contemplates the continued work on prioritizing and approving and assumes a high probability for
spending on projects currently proposed. There exists, however, some chance that further course
correcting could be possible should ARPA not ultimately fund needs that would need to be otherwise
budgeted.
14
CITY OF FEDERAL WAY 2023-24 BUDGET
Expense Management and Future Course Correction
As in past years, the city manages year-round, each department carefully monitoring and tracking
month by month. As circumstances change, department heads have authority to transfer budget
between lines, and the Mayor has executive authority to transfer budget between departments within
each fund. Budget Amendments are brought to City Council approximately quarterly to effect needed
changes across funds and to recognize off -setting new revenues and expenses. This careful
management sometimes yields net savings to the city, however more commonly this allows course
corrections such as being able to green -light priorities awaiting funding on the budget request lists that
were formulated and prioritized during the months -long budget process. This permits the Mayor to
maximize service delivery using citywide priorities.
Summary
2023-24 Budget
✓ Increases Investment in Public Safety
✓ Navigates Economic Uncertainty
The development of the city budget requires an enormous ✓ Maintains City's Commitments to
commitment by all City Departments and the Finance Services and Infrastructure
Department's Budget Team. The Finance team works year-
round meeting and coordinating with all city departments with an eye toward each up -coming budget.
The coordination, calculations and technical expertise of Finance staff to make this document possible
deserve recognition for their skilled efforts. We are proud of the work done day in and day out by all
City staff, which goes on continuously, necessarily coinciding with budget work. With the support of the
City Council, it is the efforts of our outstanding employees that make the City work for our residents
and make Federal Way an exceptional place to live, work and play.
This budget demonstrates our commitment to making the City of Federal Way an increasingly financially
well -managed city.
Respectfully submitted,
Ferrell, Mayor, City of Federal Way
15
CITY OF FEDERAL WAY 2023-24 BUDGET
Citywide
Operating
Budget
1b, .-.o k I -
0 14 Oil
16
CITY OF FEDERAL WAY 2023-24 BUDGET
2023 BUDGET - SUMMARY OF REVENUE AND EXPENDITURES - ALL FUNDS
FUND/DEPARTMENT
Beginning
Fund Balance
2023
Revenues
2023
Expenditures
Ending Fund
Balance
% Change in
Fund Balance
General Fund
12,415,532
56,445,231
59,685,154
9,175,609
-26.1%
Special Revenue Funds:
i
Street
210,983
5,690,475
5,401,458
500,000
137.0%
Arterial Street
100,001
1,563,000
1,563,000
100,001
0.0%
Affordable & Support. Housing Sales/Use Tax
140,702
125,000
125,000
140,702
0.0%
Utility Tax
4,579,047
11,830,565
11,619,868
4,789,743
4.6%
Solid Waste and Recycling
311,052
722,200
641,647
391,604
25.9%
Special Studies/Contract
462,890
-
-
462,890
0.0%
Hotel/Motel Lodging Tax
1,720,995
293,000
65,000
1,948,995
13.2%
Community Center
980,517
2,799,376
2,279,893
1,500,000
53.0%
Traffic Safety
3,109,153
3,000,000
3,786,735
2,322,419
-25.3%
Utility Tax Proposition 1
1,612,395
3,859,478
4,471,873
1,000,000
-38.0%
Performing Arts & Event Center
541,702
2,387,767
2,483,359
446,111
-17.6%
Soid Waste 10% Utility Tax
152,012
2,200,000
2,200,000
152,012
0.0%
Community Development Block Grant
28,268
858,193
858,193
28269
0.0%
Paths and Trails
1,895,150
170,600
100,000
1,965,750
3.7%
Technology
235,810
149,250
-
385,060
63.3%
Jail
164,252
2,335,748
2,500,000
(0)
-100.0%
Strategic Reserve
3,000,001
-
-
3,000,001
0.0%
Parks Reserve
1,120,891
5,000
-
1,125,891
0.4%
Total Special Revenue Funds
20,365,822
37,989,652
38,096,027
20,259,447
-0.5%
Debt Service
3,118,184
2,446,368
2,446,368
3,118,184
0.0%
Total Debt Service Fund
3,118,184
2,446,368
2,446,368
3,118,184
0.0%
Capital Project Funds
Real Estate Excise Tax
4,110,900
5,521,000
7,060,343
2,571,557
-37.4%
Downtown Redevelopment
3,496,123
-
205,000
3,291,123
-5.9%
Capital Project -Municipal Facilities
175,185
-
-
175,185
0.0%
Capital Project - Parks
1,497,896
367,000
367,000
1,497,896
0.0%
Capital Project - Surface Water Mgt
1,744,296
2,044,312
3,359,608
429,000
-75.4%
Capttal Project - Transportation
1,125,725
19,179,000
19,822,000
482,725
-57.1%
Capital Project Reserve
369,963
-
-
369,963
0.0%
Total Capital Project Funds
12,520,088
27,111,312
30,813,951
8,817,448
-29.6%
Enterprise Funds
Surface Water Management
2,897,393
6,226,871
6,450,608
2,673,656
-7.7%
Dumas Bay Centre
1,132,949
1,155,846
764,097
1,524,599
34.6%
Total Enterprise Funds
4,030,242
7,382,717
7,214,705
4,198,254
4.2%
Internal Service Funds
Risk Management
1,158,255
2,307,763
2,657,763
808255
-30.2%
Information Systems
3,734,945
3,243,845
3,646,229
3,332,561
-10.8%
Mail and Duplication
255,919
135,947
154,901
236,965
-7.4%
Fleet and Equipment
7,621,866
2,425,039
3256,067
6,790,838
-10.9%
Building and Furnishings
2,161,252
728,099
789,772
2,099,579
-2.9%
Health Insurance
3,579,885
4,956,000
5256,726
3,279,159
-8.4%
Unemployment Insurance
245,846
-
70,000
175,846
-28.5%
Total Internal Service Funds
18,7579968
13,796,693
15,831,458
1697239203
-10.80
Grand Total
$ 71,207,836
$145,171,974
$154,087,665
$ 62,292,146
-12.5%
17
CITY OF FEDERAL WAY 2023-24 BUDGET
2024 BUDGET - SUMMARY OF REVENUE AND EXPENDITURES - ALL FUNDS
FUND/DEPARTMENT
Beginning
Fund Balance
2024
Revenues
2024
Expenditures
Ending Fund
Balance
% Change in
Fund Balance
General Fund
9,175,609
60,649,378
60,824,985
9,000,002
-1.9%
Special Revenue Funds:
Street
500,000
5,495,163
5,495,163
500,000
0.00/0
Arterial Street
100,001
1,563,000
1,563,000
100,001
0.0%
Affordable & Support. Housing Sales/Use Tax
140,702
125,000
125,000
140,702
0.0%
Utility Tax
4,789,743
11,782,564
15,072,308
1,500,000
-68.7%
Solid Waste and Recycling
391,604
722,200
654,343
459,462
17.3%
Special Studies/Contract
462,890
-
-
462,890
0.00/0
Hotel/Motel Lodging Tax
1,948,995
308,000
65,000
2,191,995
12.5%
Community Center
1,500,000
2,306,857
2,306,857
1,500,000
0.00/0
Traffic Safety
2,322,419
3,000,000
4,122,419
1,200,000
-48.3%
Utility Tax Proposition 1
1,000,000
4,603,704
4,603,704
1,000,000
0.0%
Performing Arts & Event Center
446,111
2,259,757
2,483,359
222,509
-50.1%
Soild Waste 10% Utility Tax
152,012
2,300,000
2,300,000
152,012
0.0%
Community Development Block Grant
28,269
760,717
760,717
28,268
0.00/0
Paths and Trails
1,965,750
172,216
600,000
1,537,966
-21.8%
Technology
385,060
149,250
-
534,310
38.8%
Jail
(0)
2,700,000
2,700,000
(0)
13.8%
Strategic Reserve
3,000,001
-
-
3,000,001
0.0%
Parks Reserve
1,125,891
5,000
1,130,891
0.4%
Total Special Revenue Funds
20,259,447
38,253,429
42,851,870
15,661,006
-22.7%
Debt Service
3,118,184
2,446,459
2,446,459
3,118,184
0.0%
Total Debt Service Fund
3,118,184
2,446,459
2,446,459
3,118,184
0.0%
Capital Project Funds
Real Estate Excise Tax
2,571,557
5,576,000
5,788,245
2,359,312
-8.3%
Downtown Redevelopment
3,291,123
-
100,000
3,191,123
-3.0%
Capital Project - MunicipalFacilities
175,185
-
-
175,185
0.00/0
Capital Project - Parks
1,497,896
767,000
767,000
11497,896
0.00/0
Capital Project - Surface Water Mgt
429,000
1,556,230
1,805,273
179,957
-58.1%
Captial Project - Transportation
482,725
39,875,649
38,455,000
1,903,373
294.3%
Capital Project Reserve
369,963
-
-
369,963
0.00/0
Total Capital Project Funds
8,817,448
47,774,879
46,915,518
9,676,809
9.7%
Enterprise Funds
Surface Water Management
2,673,656
6,228,298
8,104,300
797,654
-70.2%
Dumas Bay Centre
1,524,599
792,696
773,784
1,543,510
1.2%
Total Enterprise Funds
4,198,254
7,020,994
8,878,084
2,341,164
-44.2%
Internal Service Funds
I
Risk Management
808,255
2,120,877
2,329,131
600,001
-25.8%
Information Systems
3,332,561
3,288,845
3,393,541
3,227,865
-3.1%
Mail and Duplication
236,965
135,947
161,901
211,011
-11.00/0
Fleet and Equipment
6,790,838
2,399,475
1,711,734
7,478,580
10.1%
Building and Furnishings
2,099,579
603,099
664,772
2,037,906
-2.9%
Health Insurance
3,279,159
4,956,000
5,256,726
2,978,433
-9.2%
Unemployment Insurance
175,846
-
70,000
105,846
-39.8%
Total Internal Service Funds
16,723,203
13,504,243
13,587,805
16,639,641
-0.501(
Grand Total
$ 62,292,146
$ 169,649,382
$175,504,723
$ 56,436,805
In
CITY OF FEDERAL WAY 2023-24 BUDGET
Explanation of Major Changes in Fund Balance
Fund balances are budgeted to remain within the required balances of council -authorized fund balance reserve policy.
Broadly, the General Fund's fund balance reflects the one-time inflow and then the expenditure of $19.2 million from the
ARPA grant. Capital Fund fund balances indicate a decrease due to some prior -year revenues being spent in 2023 and
2024. Compared to the previous biennium budget, the following are material changes:
General Fund —The 2023 ending fund balance decreased due to addition of 13 new Police Officers, 2 Records Specialists,
2 Public Records Officers, 0.5 FTE Admin Assistant II reclassified to 1 Human Resources Technician, 5 Maintenance
Workers, 1 City Administrator, and ValleyComm 911 contract increase.
Street Fund — The 2023 ending fund balance increased due to additional General Fund support provided to the fund for
operations.
Federal Way Community Center Fund — The 2023 ending fund balance increased due to additional Utility Tax Fund
support provided to the fund for operations.
Traffic Safety Fund — The 2023 ending fund balance decreased due to increased costs for body worn cameras, and salary
and benefit increases for Police positions.
Utility Tax Proposition 1 Fund — The 2023 ending fund balance decreased due to salary and benefit increases for Police
positions, and increased public defender contracted services.
Capital Project — Surface Water Management Fund — The 2023 ending fund balance decreased due to funding surface
water management capital projects.
Capital Project — Transportation Fund — The 2023 ending fund balance decreased due to funding street and
transportation capital projects.
Dumas Bay Centre Fund — The 2023 ending fund balance increased due to additional Utility Tax Fund support provided
to the fund for operations.
Risk Management Fund — The 2023 ending fund balance decreased due to increased insurance premium costs.
Fleet & Equipment Fund — The 2023 ending fund balance decreased due to progress on replacing overdue vehicle and
equipment.
19
CITY OF FEDERAL WAY 2023-24 BUDGET
The City's Funds Structure
All Funds except General Fund are restricted for a specific purpose
Governmental Funds Proprietary Funds
Debt Service
General Fund Special Revenue Funds Funds Capital Project Funds Enterpise Funds Internal Service Funds
Non - Debt Service Downtown Surface Water
Street Risk Management
T)Pnarhnwntal Fund Redevelopment Mana ement
City Council I �— J Arterial Street
Mayor's Office
Utility Tax
Municipal Court
Solid Waste &
Recycling
Finance
Special
Studies/Contract
Law
Hotel
Motel/Lodging Tax
Community
Development
Police/911
Community Center
Traffic Safety
Parks and
Recreation
Utility Tax -Prop 1
P=egE
Solid Waste 10%
Utility Tax
Commun=Ga
Bloc
Paths & Trails
Strategic Reserve
Technology
Afford. & Support.
Housing Sales Tax
Parks Reserve
Jail Fund
g
Municipal
Information
Dumas Bay
Facilities
Systems
Parks
Mail & Duplication
Surface Water
=Equipment
Management
Buildings &
Transportation
Furnishings
Capital Project
Health Insurance
Reserve
Perforating Arts
_FUnemployment
& Event Center
Insurance
Real Estate
Excise Tax
CITY OF FEDERAL WAY 2023-24 BUDGET
Fund #/Fund Name
001/101 General/Streets
502 Information Systems
503 Mail & Duplication
107 Special
Contracts/Studies Fund
121 Technology
113 Real Estate Excise
Tax Fund
120 Path & Trails
189 Parks Reserve Fund
303 Parks
504 Fleet & Equipment
111 Federal Way
Community Center
114 Prop 1 Utility Tax
115 Performing Arts &
Event Ctr Operations
402 Dumas Bay Centre
Fund
505 Buildings &
Furnishings
112 Traffic Safety Fund
122 Jail Fund
102 Arterial Street
116 Solid Waste 10%
Utility Tax
304 Surface Water
Management
306 Transportation
106 Solid Waste &
Recycling
401 Surface Water
Management
104 Affordable &
Supportive Housing Sales
Tax
119 CDBG
109 Hotel/Motel Lodging
Tax
501 Risk Management
506 Health Self Insurance
Fund
507 Unemployment
Insurance Fund
103 Utility Tax
188 Strategic Reserve
Fund
201 Debt Service
301 Downtown
Redevelopment
302 Municipal Facilities
307 Capital Project
Reserve Fund
Infrastructure & Services
IT
Parks
Police
PW
Ops
Ops
Ops
Ops
Cap
Cap
Ops
Ops
Cap
Cap
Cap
Cap
Cap
Cap
Cap
Cap
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Cap
Cap
Cap
Cap
Ops
Ops
Operations - Services/Support
Capital - Infrastructure
Operations & Services Only
I CD I Clerkl Council I Econ I Finance I HR I Legal I
Ops
Cap
Ops
Court
Mayor
Non -Dept
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Ops
Cap
Cap
Cap
Cap
21
CITY OF FEDERAL WAY 2023-24 BUDGET
SOURCES & USES - ALL FUNDS
Citywide Revenue Citywide Expenditure
180-0 169.6 200-0
1415 146.8 153.7 145.2 190.0 174.7 174.8 175.5
150-0 .154.1
140-0 66.1 160-0
117.6 116.E
120-0 67.3 1400 114.E 121.4 121.3 76.0 76. D 66.3
100-0 65.2 65.3 62.1 120.0 65.1
80.0 58.1 52.7 100-0 56A 53.5
80 n 57.1
60-0 60.0
40-0 ® ® i '400
20-0 200
2020 2021 2022 2022 2022 2023 2024 2020 2021 2022 2022 2022 2023 2024
Actual Actual Adopted Adjusted Projected Proposed Proposed Actual Actual Adopted Adjusted Projected Proposed Proposed
■Other Funds GF&ST Funds ■Other Funds GF&Sr Funds
Item
2020 2021
Actual Actual
2022
2023
Pro osed
2024
Pro osed
23 Pro osed - 22 Ad'
Ado ted
Adjusted
I Proected
Ch
%Ch
BEGINNING FUND BALANCE
1 $ 69,236,800 $ 72,206,885
$ 60,598,909
$ 92,287,328
$ 92,287,328
$ 71.207,836
IS 62,292,146
1 $ (21,079,492)
-22.8%
REVENUE:
Property Taxes
$ 11,092,158
$ 11,260,318
$ 11,357,280
$ 11,357,280
$ 11,357,000
$ 11,527,639
$ 11,700,554
$ 170,359
1.5%
Sales Tax
16,127,570
17,494,058
15,949,755
16,949,755
18,589,455
19,652,000
20,775,000
2,702,245
15.9%
Criminal Justice Sales Tax
2,807,139
3,270,840
3,027,361
3,027,361
3,200,000
3,027,361
3,027,361
-
0.01/0
Utility Tax
14,672,457
16,992,709
15,177,606
15,677,606
17,391,748
17,391,000
17,443,000
1,713,394
10.9%
Real Estate Excise tax
4,467,111
5,174,908
3,640,000
4,421,454
6,015,754
5,521,000
5,576,000
1,099,546
24.9%
Other Taxes
789,015
2,513,742
762,513
887,513
1,481,834
1,064,865
1,132,371
177,352
20.0%
Licenses and Permits
3,916,412
3,843,510
3,800,552
3,800,552
4,429,444
4,295,044
3,892,249
494,492
13.0%
Intergovernmental
13,357,061
19,303,885
8,691,893
30,834,979
29,925,764
15,087,453
8,266,950
15,747,526
-51.1%
Charges for Services
22,152,975
30,537,511
25,181,793
28,258,690
29,441,521
33,234,217
28,103,557
4,975,527
17.6%
Fines and Penalties
2,898,187
3,782,220
3,699,428
3,699,428
4,483,000
3,828,937
3,856,040
129,508
3.5%
Miscellaneous
2,589,913
2,221,573
4,152,311
3,902,311
3,736,310
4,234,456
36,239,456
332,145
8.5%
Proprietary Fund Revenue
808,069
301,265
488,000
488,000
154,506
490,250
490,250
2,250
0.5%
Other Financing Sources
21,927,070
24,776,267
20,672,812
23,535,699
23,496,699
25,817,751
29,146,593
2,282,052
9.7%
Total Revenues
117,605,137
141,472,804
116,601,304
146,840,628
153,703,035
145,171,974
169,649,382
1,668,654
-1.1%
EXPENDITURE:
City Council
471,319
504,501
530,695
523,580
523,581
488,045
491,279
35,535)
-6.8%
Ma ofs Office
1,536,235
1,779,512
1,729,923
1,901,301
1,901,301
2,228,763
2,246,453
327,462
17.2%
Perfonning Arts & Event Center
1,452,916
1,653,440
2,299,757
2,631,641
2,631,641
2,483,359
2,483,359
148,282
-5.6%
Munici alCourt
1,955,894
2,028,413
2,074,615
2,509,634
2,509,634
2,268,321
2,312,376
241,313)
-9.6%
Finance
1,023,437
1,128,174
1,287,736
1,077,480
1,077,480
1,331,417
1,381,464
253,937
23.6%
City Clerk
595,379
804,823
560,410
619,413
619,413
848,565
857,669
229,151
37.0%
Human Resources
483,770
590,414
536,319
594,623
594,623
698,224
714,037
103,601
17.4%
Information Technology
2,473,826
2,542,978
2,906,915
4,461,315
4,461,315
3,801,130
3,555,442
660,185
-14.8%
Law -Civil
3,411,822
2,717,873
2,740,068
2,914,808
2,914,808
3,946,590
3,643,093
1,031,783
35.4%
Law -Criminal
709,570
768,882
776,142
916,028
916,028
995,576
1,013,080
79,548
8.7%
Coninunity Development
2,715,958
2,839,527
2,792,217
3,530,338
3,530,338
3,722,867
3,774,224
192,529
5.5%
Econon>ic Development
398,512
382,498
284,756
286,423
286,423
334,768
346,326
48,344
16.9%
Community Services
1,862,645
1,964,717
1,733,503
3,143,371
3,143,371
2,013,410
1,935,407
(1,129,961)
-35.9%
Jail Contract Costs
2,712,884
2,223,602
3,319,584
1,819,584
1,819,584
2,500,000
2,700,000
680,416
37.4%
911 Dispatch
2,719,126
2,587,211
2,748,692
2,748,692
2,748,692
3,079,131
3,300,000
330,439
12.0%
Police
23,103,329
24,802,094
25,343,757
26,246,162
26,246,162
29,822,715
31,432,265
3,576,553
13.6%
Parks, Recr & Cultural Svcs
6,662,136
8,888,413
8,969,962
9,816,314
9,816,314
9,368,489
10,234,412
447,826
-4.6%
Public Works
21,424,781
26,471,164
26,436,182
52,626,958
52,626,958
43,416,384
60,827,382
(9,210,573)
-17.5%
Non -Departmental
38,921,516
36,714,126
34,263,378
56,356,858
56,414,858
40,739,909
42,256,452
15,616,949
-27.7%
Total Expenditures
114,635,052
121,392,361
121,334,610
174,724,524
174,782,524
154,087,665
175,504,723
(20,636,861)
-11.8%
Changes in Fund Balance
2,970,085
20,080,443
(4,733,306)
(27,883,896)
(21,079,489)
(8,915,691)
(5,855,341)
18,968,204
-68.0%
ENDING FUND BALANCE:
$ 72,206,885
$ 92,287,328
$ 55,865,604
$ 64,403,432
1 $ 71,207,836
1 $ 62,292,146
1 $ 56,436,805
$ (2,111,287)
-3.3%
22
CITY OF FEDERAL WAY 2023-24 BUDGET
EXPENDITURE SUMMARY — ALL FUNDS
Code
Item
2020
a
2021
Actual
2022
2023
Pro osed
2024
Pro osed
23 Proposed - 22 Adj
Adopted
Adjusted
Projected
Ch °/u Ch
Expenditures:
I
I
1XX
Salaries & Wages
$ 31,747,430
$ 34,212,459
$ 37,037,724
$ 38,229,848
$ 38,229,848
$ 41,906,643
$ 43,300,544
$ 3,676,794
9.6%
2XX
Benefits
11,019,373
11,475,128
12,003,324
12,178,014
12,178,014
13,976,083
14,525,663
1,798,069
14.8%
3XX
Supplies
2,426,789
3,162,113
2,026,274
2,737,736
2,737,736
2,819,922
2,816,573
82,186
3.01/o
4XX
Services and Charges
23,552,206
22,621,865
20,397,528
25,633,093
25,693,093
22,775,870
22,285,856
(2,857,224)
-11.1%
5XX
Intergovernmental
6,003,315.48
6,500,766.76
7,324,283.15
6,134,427.15
6,134,427.15
6,998,328.15
7,406,371.15
863,901
14.1%
6XX
Capital Outlay
8,445,210
8,290,153
11,563,290
55,510,728
55,510,728
27,855,966
44,301,073
(27,654,762)
-49.8%
7XX
Debt Service -Principal
1,890,181
1,948,716
2,162,716
2,162,716
2,162,716
1,654,000
1,704,000
(508,710
-23.5%
8XX
Debt Service -Interest
1,083,181
1,041,374
1,022,171
1,022,171
1,022,171
794,290
744,381
(227,881)
-22.3%
9XX
Internal Services/Other
6,771,229
8,152,005
7,124,488
7,698,503
7,698,503
9,488,810
9,273,667
1,790,307
23.3%
OXX
Other Financing Use
21,696,137
23,987,781
20,672,812
23,417,287
23,415,287
25,817,751
29,146,593
2,400,464
10.3%
Total Expenditures-
$114,635,052
$121,392,361
$ 121,334,610
$ 174,724,524
$ 174,782,524
$ 154,087,665
$ 175,504,723
$ (20,636,861)
-11.8%
1. Salaries & Wages/Benefits increase due to adding 13 Police Officers, 2 Records Specialists, 0.5 FTEAdmin Assistant II reclassified to 1 Human Resources Technician
6 Maintenance Workers, 2 Public Records Officers, I Senior Engineering Technician, and 1 Engineering Construction Inspector.
2. Services and Charges decrease due to decreased SWM and Transportation capital expenditures categorized under services and charges instead of capital outlay.
3. Capital outlay decrease is due to elimination of one-time ARPA expendituures, and capital prjects in 2022 for SWM, transportation, and overlay projects that are not yet
carried forward into 2023.
4. Intergovemrrental increase is due to increased Valleycomm and jail services.
5. Internal Service increase is due to increase in contribution to fleet and equipment fund.
All Funds 2023 Revenues $145.17M
All Funds 2D23 Expenditures L%.04 M
Other, 12.95,
PropertyTaxrs,T1.53,8%
Publkwwks.
-city C'ouna.
43.42, 2.A96
D,45 09d
9'�
REET r 5.52,
inigA , 15J08,
4%
rr
f
%
mayor's,
ia46
Other Taxes,
f4¢ry-
2,23.1'�S
A.Q9, 3',5
DrparGnrnlal ,
4S1.7d, 26
Muni iVrt,
ptlrlyTax,�,�6
V 3%17%
Charges for
Comm Devi.
5erw'M r
169 , Ada
33,2.3r 239�
orther
Parks, "2r 6'k
Sales Tax ,
Financing
�
1945,13%
� 105 t
Poli re fl aiff pupa
ether , 13-11 r
25.62,1836
35.40, 21%
23
CITY OF FEDERAL WAY 2023-24 BUDGET
GENERAL AND STREET FUND CONSOLIDATED SUMMARY
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
o osed
Proposed - 22 Ad'
Ado ted
Adjusted
Projected
HL$1!C--t
g
% Ch
BEGINNING FUND BALANCE
$ 11,604,046
$ 12,575,815
$ 10,252,674
$ 21,339,329
$ 21,339,329
$ 12,626,515
$ 9,675,609
$ (8,712,814)
-40.8%
REVENUE SUMMARY.•
Property Tax
11,092,158
11,260,318
11,357,280
11,357,280
11,357,000
11,527,639
11,700,554
170,359
1.5%
Sales Tax
16,127,570
17,494,058
15,949,755
16,949,755
18,589,455
19,652,000
20,775,000
2,702,245
15.9%
Criminal Justice Sales Tax
2,807,139
3,270,840
3,027,361
3,027,361
3,200,000
3,027,361
3,027,361
-
0.0%
Other Tans
221,613
869,785
452,513
452,513
743,000
485,265
536,155
32,752
7.2%
Licenses and Pernuts
3,844,916
3,778,743
3,800,552
3,800,552
4,399,444
4,295,044
3,892,249
494,492
13.0%
hitergovemmental
8,343,375
13,369,986
3,304,000
13,284,219
12,902,888
3,905,260
3,946,233
(9,378,959)
-70.6%
Charges for Services
2,955,999
4,563,366
4,974,910
5,034,655
4,504,057
5,397,108
5,139,471
362,453
7.2%
Fines and Penalties
737,582
872,906
824,986
824,986
612,000
826,937
854,040
1,950
0.2%
Miscellaneous
1,542,620
724,446
1,034,630
1,034,630
1,498,000
2,399,448
2,404,448
1,364,818
131.9%
Other Financing Sources*
10,427,377
8,967,991
7,985,575
9,484,399
9,482,399
10,619,645
13,869,030
1,135,246
12.0%
Total Revenues
$ 58,100,350
$ 65,172,439
$ 52,711,562
$ 65,250,350
$ 67,288,244
$ 62,135,706
$ 66,144,541
$ (3,114,644)
-4.8%
EXPENDITURE SUMMARY.•
City Council
$ 471,319
$ 504,501
$ 530,695
$ 523,580
$ 523,580
$ 488,045
$ 491,279
$ (35,536)
-6.8%
Mayor's Office
851,226.75
1,069,546
923,847
1,095,225
1,095,225
1,412,687
1,430,377
$ 317,462
29.0%
Municipal Court
1,780,793
1,871,113
1,818,905
2,253,925
2,253,925
2,007,913
2,048,723
$ (246,011)
-10.9%
Finance
1,023,437
1,128,174
1,287,736
1,077,480
1,077,480
1,331,417
1,381,464
$ 253,937
23.6%
City Clerk
595,379
804,823
560,410
619,413
619,413
848,565
857,669
$ 229,151
37.0%
Human Resources
483,770
590,414
536,319
594,623
594,623
698,224
714,037
$ 103,601
17.4%
Law -Civil
825,669
679,317
974,797
921,433
921,433
980,618
995,113
$ 59,185
6.4%
Law -Criminal
709,570
768,882
776,142
916,028
916,028
995,576
1,013,080
$ 79,548
8.7%
Community Development
2,614,486
2,743,475
2,683,103
3,171,225
3,171,225
3,477,402
3,524,299
$ 306,178
9.7%
Economic Development
398,512
382,498
284,756
286,423
286,423
334,768
346,326
$ 48,344
16.90/.
Community Services
917,560
875,800
975,180
911,305
911,305
1,155,217
1,174,690
$ 243,913
26.8%
Jail Contract Costs
2,712,884
-
-
-
-
-
-
$ -
n/a
911 Dispatch
2,719,126
2,587,211
2,748,692
2,748,692
2,748,692
3,079,131
3,300,000
$ 330,439
12.0%
Police
18,706,106
19,654,107
20,492,402
20,649,002
20,649,002
24,073,081
25,252,581
$ 3,424,078
16.6%
Parks, Recr & Cultural Svcs
3,808,310
4,561,865
4,193,695
4,720,147
4,720,147
4,949,176
5,000,901
$ 229,028
4.9%
Public Works
4,061,117
4,198,731
4,567,989
4,838,794
4,838,794
5,173,188
5,266,894
$ 334,394
6.9%
Non -Departmental
14,449,318
13,988,468
10,109,569
30,673,763
30,673,763
14,081,604
13,522,714
$ (16,592,159)
-54.1%
Total Expenditures
$ 57,128,581
$ 56,408,925
$ 53,464,236
$ 76,001,058
$ 76,001,058
$ 65,086,612
$ 66,320,148
$ (10,914,446)
-14.40/.
Changes in Fund Balance
$ 971,769
$ 8,763,514
$ (752,674)
$ (10,750,708)
$ (8,712,814)
$ (2,950,906)
$ (175,607)
$ 7,799,802
-72.60/.
ENDING FUND BALANCE:
$ 12,575,815
$ 21,339,329
$ 9,500,000
$ 10,588,621
$ 12,626,515
$ 9,675,609
$ 9,500,002
$ (913,012)
-8.6%
24
CITY OF FEDERAL WAY 2023-24 BUDGET
EXPENDITURE SUMMARY - GENERAL FUND
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Proposed -22 Ad'
Adopted Adjusted
Projected
$Ch %Ch
Expenditures:
I
1XX
Salaries & Wages
$ 23,627,515
$ 24,591,%0
$ 25,967,379
$ 26,788,483
$ 26,788,483
$ 30,447,057
$ 31,585,656
$ 3,658,574
13.7%
2XX
Benefits
8,002,259
8,253,131
8,732,062
8,831,894
8,831,894
10,181,485
10,608,174
1,349,590
15.3%
3XX
Supplies
1,574,845
1,259,067
875,006
1,156,664
1,156,664
1,151,543
1,148,194
(5,121)
-0.4%
4XX
Services and Charges
7,077,552
6,230,151
5,081,460
5,946,516
5,946,516
6,041,091
6,050,709
94,574
1.6%
5XX
hitergovemmental
5,256,543
4,076,371
3,891,205
3,931,349
3,931,349
4,440,588
4,661,457
509,239
13.0%
6XX
Capital Outla
1,211,854
113,412
-
19,167,491
19,167,491
-
19,167,491
-100.0%
9XX
Internal Services
5,709,689
7,013,907
6,201,298
6,775,313
6,775,313
8,562,620
8,347,477
1,787,307
26.4%
OXX
Other Financing Use
4,668,324
4,870,926
2,715,826
3,403,348
3,403,348
4,262,228
3,918,481
858,880
25.2%
Total Expenditures:
$ 57,128,581
$ 56,408,925
$ 53,464,236
$ 76,001,058
$ 76,001,058
$ 65,086,612
$ 66,320,148
$ (10,914,446)
1. Salaries & Wages/Benefits increase due to adding 13 Police Officers, 2 Records Specialists, 0.5 FTEAdmin Assistant lI reclassified to 1 Human Resources Technician,
5 Maintenance Workers, 2 Public Records Officers, and 1 City Administrator.
2. Intergovernmental increase is due to Valleycomm 911 Contract increase.
3. Capital Outlay decrease is primarily due to one-time ARPA expenditures.
4. Internal Services increase is due to increase in contribution to fleet and equipment.
Ganaral and Weat Fund 2023 RimenmesSQ.I, W
Other FnRxing
fines � i
Saur€e5
176
1 T75
Chargesior
�{YwiSeti
97K
Intgvu
G�6
Licenses and
Perm its
r9S
lasses
Glamarml and Strut Fund 2023 Exp"Rum
60.09m
Non -
Public Works CQvncW
�.9�9f 0,75y6
departinrMal I hiay�'sdEface
2�,4a 11
2.17%
[ylunisip,llrqurt
Parks, R2tr $ FlrlarKe
Cultural S -5 �'Oi96 City Clerk
7.69% 1.SUN
+a+'a� �esoowfs
og7x
Lew
i.Oh96
Comrnurtlt�
Police{JailfUispa �.��
tch Community Eaanoinlc
di-7245 SetwC.eI oewelopmertt
3.69�6 U,�S�6
25
CITY OF FEDERAL WAY 2023-24 BUDGET
CITY-WIDE SERVICE DELIVERY AND SUPPORT STAFF
(full-time equivalent positions)
Department / Division
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
Adopted
Adjusted
Projected
Subtotal City Council
4.20
4.20
4.20
4.20
4.20
4.20
4.20
Mavor's 0 cc
Administration*
5.34
5.34
5.34
5.34
5.34
6.34
6.34
Economic Development
1.00
2.00
1.00
2.00
2.00
2.00
2.00
Emergency Management
1.00
1.00
1.00
1.00
1.00
1.00
1.00
Human Resources*
3.50
4.00
3.50
3.50
3.50
4.00
4.00
City Clerk*
2.50
2.50
2.50
2.50
2.50
3.50
3.50
Subtotal Mayor's Office
13.34
14.84
13.34
14.34
14.34
16.84
16.84
Subtotal Information Technology
8.00
10.00
8.00
10.00
10.00
10.00
10.00
Munici al Court
Court Operations
13.00
13.00
13.00
13.00
13.00
13.00
13.00
Probation Services
3.00
3.00
3.00
3.00
3.00
3.00
3.00
Subtotal Municipal Court
16.00
16.00
16.00
16.00
16.00
16.00
16.00
Subtotal Finance
10.00
10.00
10.00
10.00
9.00
9.00
9.00
Law
Civil Legal Services
4.30
4.30
4.30
4.30
4.30
4.30
4.30
Criminal Prosecution Services
8.20
9.20
8.20
9.20
9.20
9.20
9.20
Subtotal Law
12.50
13.50
12.50
13.50
13.50
13.50
13.50
Communit Develo meet
Administration
4.58
4.58
4.58
5.50
5.50
5.50
5.50
Planning
6.80
6.80
5.80
6.80
6.80
6.80
6.80
Building
11.00
13.00
11.73
13.00
13.00
13.00
13.00
Contrnunity Services
3.80
2.50
3.07
3.50
3.50
3.50
3.50
Subtotal Community Development
26.18
26.88
25.18
28.80
28.80
28.80
28.80
Police
Administration
2.00
2.00
2.00
2.00
2.00
2.00
2.00
Support Services
62.00
57.00
76.00
57.00
58.00
58.00
58.00
Field Operations
103.00
127.00
92.00
127.00
126.00
126.00
126.00
Subtotal Police*
167.00
186.00
170.00
186.00
186.00
186.00
186.00
Park. Recreation & Cultural Services
Administration
1.80
1.80
1.80
1.80
1.80
1.80
1.80
General Recreation
6.83
7.13
6.83
7.13
1 7.13
7.13
7.13
Community Center
11.33
11.33
11.33
11.33
11.33
11.33
11.33
Dumas Bay Centre
3.00
3.00
3.00
3.00
2.00
2.00
2.00
Park Maintenance
16.25
17.00
17.00
17.00
17.00
20.00
20.00
Perforrning Arts & Event Center
-
-
-
-
-
-
-
Subtotal Park, Recreation & Cultural Services *
39.21
40.26
39.96
40.26
39.26
42.26
42.26
Public Works
Administration
1.61
1.61
1.61
1.61
1.61
1.61
1.61
Development Services
2.85
2.70
2.85
2.85
2.70
2.70
2.70
Traffic Services
5.28
5.28
5.28
7.28
7.28
7.28
7.28
Street Services
12.00
14.05
12.00
14.00
14.05
15.05
15.05
Operational Services
19.00
22.15
21.00
23.00
25.15
28.15
28.15
Solid Waste/Recychng
2.41
1 4.71
1 2.41
2.41
2.71
2.71
2.71
Surface Water Management
12.85
14.50
14.85
13.85
11.50
12.50
12.50
Subtotal Public Works*
56.00
65.00
60.00
65.00
65.00
70.00
70.00
Total Ongoing City Staffing
352.43
386.68
359.18
388.10
386.10
396.60
396.60
* 1 FTE City Administrator added to Mayor's office
* 0.5 FTE Administrative Assistant II reclassified to 1.0 FTE Human Resources Technician in Human Resources Department
* 1 FTE Public Records Officer added to City Clerk Department
* 13 FTE Police officer, 2 FTE Records Specialist, and 1 FTE Public Records Coordinator added to Police Department
* 3 FTE Maintenance Worker Il added to Parks Department, and reduction of 1 FTE Chef/Kitchen Coordinator
* 3 FTE Maintenance Worker Il, 1 FTE Senior Engineering Technician, and 1 FTE Engineering Construction Inspector added to Public Works Department
CITY OF FEDERAL WAY 2023-24 BUDGET
FUNDED AND UNFUNDED NEEDS
Limited by revenue, the following shows what budget needs have been prioritized into the 2023-24
Budget. The unfunded needs represent what is not yet able to be funded in the budget, so would be
eligible for the next dollars available either through higher -than -budgeted revenue or expense savings.
These lists are shown in descending order of materiality, not priority.
Top 10+ additions to the 2023 Budget
1. Public Safety Salaries & Benefits increase
$1,500,000
2. Jail cost increase $680,000
3. Citywide Insurance cost increase $598,000
4. PD Body -worn camera increase
$460,000
5. Required self-insurance reserve increase
$350,000
6. ValleyComm 911 system cost increase
$330,000
7. PD Vehicle replacements $308,000
8. Lakehaven hydrant support costs $281,000
9. PW winter operations staffing
$257,000
10. Parks playground perpetual replacement
$162,000
11. Contractual accrued vacation payouts
$120,000
12. Road salt in line with historical usage
$105,000
13. Public records staffing to keep pace with
demand $103,000
14.Increased election costs $100,000
Top 10+ unfunded needs in 2023
1.
Vehicle replacement reserve due to delayed
replacement and cost increases
2.
Vehicle replacement backlog
3.
Opticom traffic signal preemption system
upgrade
$1,500,000
4.
Additional PD special emphasis
$537,000
5.
City Hall roof replacement
$500,000
6.
City Hall fire panel replacement
$500,000
7.
Parks Tennis Court renovations
$500,000
8.
IT CRAC unit replacement
$200,000
9.
Sacajawea Park track replacement
$200,000
10. Public Works Streetlight program increase
$190,000
11. Public Works tree canopy management
increase $150,000
12. Social Services Grants $123,000
13. City wi-fi enhancement $75,000
27
CITY OF FEDERAL WAY 2023-24 BUDGET
Major Revenue Forecasts
Sales Tax Forecast
Revenue remitted to the city from the state in the first six months of 2022 have exceeded the same six
months in prior year by 6.9%, each month ranging from 3.1 % to 11.0% over the same month in prior
year. The entire year of 2019 exceeded 2018 by 8.0%, 2021 exceeded 2020 by 8.5%. The year of
2020 was impacted by COVID, particularly the two months of April and May, after which sales tax
returned to pre-COVID levels and above. That year did impact simple extrapolation and therefore every
month is forecasted separately, attempting to exclude the anomaly of COVID. The remaining months
are forecasted at the average increase of 5.7% over the same month in the prior period and that same
figure is used going forward through every month of 2025 to produce the 2023 and 2024 budgeted
Sales Tax Revenues. This results in an estimated increase of $1,063,000 for 2023 over 2022 and of
$1,123,000 for 2024 over 2023.
2016 Act 2017 Act 2018 Act 2019 Act
Jan
$ 1,407,385
$ 1,427,326 $
1,502,207 $
1,501,715
Feb
967,408
1,023,938
1,084,522
1,104,726
Mar
1,031,972
984,581
1,025,585
997,513
Apr
1,169,154
1,251,616
1,319,134
1,346,880
May
1,148,897
1,020,631
1,144,354
1,229,332
Jun
1,191,650
1,113, 539
1,148,178
1,263,066
J u I
1,308,122
1,288,291
1,297,748
1,502,252
Aug
1,230,986
1,210,774
1,220,004
1,401,269
Sep
1,271,590
1,221,028
1,228,595
1,438,593
Oct
1,241,815
1,346,048
1,363,500
1,528,439
Nov
1,133,454
1,130,197
1,184,206
1,316,631
Dec
1,120,063
1,181,491
1,213,777
1,278,447
14, 222,496 14,199, 460 14, 731, 810 15, 908, 863
(23,036) 532,350 1,177,053
-0.2% 3.7% 8.0%
Sales Tax - Arctidd and Forecast
]' MIMI
3t"IM-
]9
rcE6L9U
)..4 JAI, ?r.6 M. ?NZ +rgI. wj• Poly �7i J��
�tl ia1 lac is W r -I 1■1Lab haul
U W.T■■ WI ; 14.1H JA724 4klM 1«77 rrar 1J.PI {SLcae 10.an ,LAM
' i nitial economic dip
due to pandemic"
Estimated escalator for forecasted months
105.7% 105.7% 10L
2020 Act 2021 Act 2022 Act 2022 Est 2023 forecast 2024 forecast
1,632,752 $ 1,604,220 $ 1,653,281 $ 1,653,281 $ 1,748,000 $ 1,848,000
1,182, 535 1,228,579 1,284,275 1,284,275 1,358,000 1,436, 000
1,066,267 1,185,132 1,314,196 1,314,196 1,389,000 1,468, 000
1,130, 545 1,508,266 1,636,738 1,636,738 1,730,000 1,829,000
1,154, 633 1,401,831 1,556,411 1,556,411 1,645,000 1,739,000
1,423,588 1,473,417 1,532,555 1,532,555 1,620,000 1,713,000
1,473,117 1,607,373 - 1,699,000 1,796,000 1,899,000
1,511,762 1,566,626 1,656,000 1,751,000 1,851,000
1,419,920 1,520,312 1,607,000 1,699,000 1,796,000
1,456,510 1,509,402 1,596,000 1,687,000 1,783,000
1,351,208 1,455,577 1,539,000 1,627,000 1,720,000
1,324,732 1,433,324 1,515,000 1,602,000 1,693,000
16,127,569 17,494,058 18,589,455 19,652,000 20,775,000
218,706 1,366,489 1,095,397 1,062,545 1,123, 000
1.4% 8.5% 6.9% 6.3% 5.7% 5.7%
Sates TAx Attoal and Forecasted by Month
WlfiA20 x u■I 2021-2Q24{orecasim
w 11����Id�il�lvi11111
S■]
CITY OF FEDERAL WAY 2023-24 BUDGET
Property Tax Levy. Even though the value of homes has increased historically in recent years as
much as 12% a year (citywide average), by state law, the city can only increase property tax revenue
by 1 % annually on existing property values. The City's property tax levy amount is regulated by state
statute (RCW 84.52). Pending updated valuation figures from King County Assessor's Office, property
tax revenue is forecasted at 1.50% increase per year.
Estimated escalator for forecast months
98.1% 101.5% 101.5%
2016
2017
2018
2019
2020
2021
2022
2022Est
2023forecast
2024forecast
Jan
932
(3,140)
2,035
277
1,998
(919)
1,170
$ 1,170
$ 1,000
$ 1,000
Feb
104,649
81,198
79,236
121,654
129,750
98,681
19,670
19,670
20,000
20,000
Mar
314,946
391,741
440,319
398,493
412,465
511,477
604,601
604,601
614,000
623,000
Apr
2,763,153
2,969,370
4,003,599
3,742,631
3,610,605
3,393,639
2,730,982
2,730,982
2,772,000
2,814,000
May
2,303,522
2,114,970
1,084,573
1,466,187
1,036,964
1,964,521
2,808,598
2,808,598
2,851,000
2,894,000
Jun
54,021
33,271
69,818
53,981
609,643
73,616
73,666
73,666
75,000
76,000
Jul
23,467
34,813
23,479
48,704
94,490
37,568
27,328
27,328
28,000
28,000
Aug
65,357
8,113
39,795
66,266
68,126
52,928
-
52,000
53,000
54,000
Sep
308,183
203,034
192,851
215,895
195,148
215,737
212,000
215,000
218,000
Oct
1,665,244
1,573,495
3,730,348
3,554,163
3,738,736
1,366,173
1,340,000
1,360,000
1,380,000
Nov
2,818,648
3,030,822
1,070,714
1,141,913
1,100,636
3,473,277
3,406,000
3,457,000
3,509,000
Dec
64,332
69,884
62,894
107,265
93,599
82,231
81,000
82,000
83,000
10,486,454
10,507,571
10,799,658
10,917,429
11,092,160
11,268,928
6,266,014
11,357,014
11,528,000
11,700,000
100.2%
102.8%
101.1%
101.6%
101.6%
88,086
170,986
172,000
Property Tax Revenue
$12,000,000
$11,500,000
11,000,000
no
Omni
$10,500,0()0
� -
�i
10,D00,000
.
kim
9,500,000
2016 2017
2018 2019 2020
2G21 2022 Est 2023
2024
forecast forecast
We
CITY OF FEDERAL WAY 2023-24 BUDGET
Utility Tax Revenue Forecast
Utility Taxes are a consolidation of several individual utility taxes: telephone, electric, natural gas, cable,
surface water, sewer, solid waste, and water utilities. Cities in Washington State are authorized to levy
a business and occupation tax (RCW 35.22.280(32)) on public utility businesses based on utilities within
the city or town, known as a utility tax. The rate of taxes for electric, phone, and natural gas utilities are
limited to 7.75% (RCW 35.21.870). Utility taxes received a 10% increase when the solid waste rate
changed from 7.75% to 17.75% in 2019. Rates for the 2023-24 are not being changed by any city
council action; the forecasted increase in revenue is attributable to a slight increase in projected volume
only, estimated at 3% per year.
103.796 100.0% 100.3%
2016 Act 2017 Act 2018 Act 2019 Act 2020 Act 2021 Act 2022 Act 2022 Est 2023 forecast 2024 forecast
Jan $ 1,140,664 $ 1,148,307 $ 1,085,651 $ 781,055 $ 996,379 $ 1,396,834 $1,692,180 1,692,180 1,692,000 1,697,000
Feb $ 1,072,515 $ 1,242,665 $ 1,147,253 $ 1,108,776 $ 1,122,530 $ 1,420,015 $1,642,378 1,642,378 1,642,000 1,647,000
Mar $ 1,164,983 $ 1,164,062 $ 1,110,736 $ 1,376,813 $ 1,096,086 $ 1,505,864 $1,755,285 1,755,285 1,755,000 1,760,000
Apr $ 938,297 $ 1,214,103 $ 1,217,269 $ 939,409 $ 963,935 $ 1,627,736 $1,413,785 1,413,785 1,414,000 1,418,000
May $ 811,091 $ 896,598 $ 889,403 $ 815,993 $ 797,507 $ 1,820,591 $1,389,291 1,389,291 1,389,000 1,393,000
Jun $ 909,581 $ 900,058 $ 833,485 $ 797,694 $ 2,398,996 $ 1,236,109 $1,213,829 1,213,829 1,214,000 1,218,000
Jul $ 403,486 $ 380,887 $ 778,972 $ 785,130 $ 1,083,596 $ 1,232,554 $ 1,278,000 1,278,000 1,282,000
Aug $ 1,286,236 $ 1,317,904 $ 782,716 $ 786,724 $ 870,098 $ 1,197,098 $ 1,242,000 1,242,000 1,246,000
Sep $ 1,045,923 $ 1,007,614 $ 979,316 $ 866,190 $ 1,428,106 $ 1,438,956 $ 1,492,000 1,492,000 1,496,000
Oct $ 820,144 $ 879,697 $ 845,425 $ 771,503 $ 1,090,121 $ 1,141,163 $ 1,184,000 1,184,000 1,188,000
Nov $ 994,070 $ 1,032,190 $ 930,920 $ 961,516 $ 1,195,279 $ 764,192 $ 793,000 793,000 795,000
Dec $ 1,330,127 $ 1,253,864 $ 1,128,298 $ 1,118,788 $ 1,635,543 $ 2,213,907 $ - 2,296,000 2,296,000 2,303,000
11,917,116 12,437,948 11,729,444 11,109,580 14,678,176 16,995,019 9,106,748 17,391,748 17,391,000 17,443,000
520,832 (708,504) (619,864) 3,568,596 2,316,843 (5,571,428) 2,713,572 (748) 52,000
4.4% -5.7% -5.3% 32.1% 15.8% -38.0% 18.5% 0.0% 0.3%
Utility Tax - Actual and Forecast
20,000,000
18,000'aG 0 -
16,00 0, 00 D -
14,0 0 0, �00
12,000,000 -
1 I�,O 0 D,OUO
-
�,000,000 -
4,000,000
2,0{}0,040
2016 Act 2017 Act 2018 Act 2019 Act 2020 Act 2021 Act 2022 Est 2023 2024 2025
forecast forecast forecast
30
CITY OF FEDERAL WAY 2023-24 BUDGET
Real Estate Excise Tax (REET)
REET is a function of both volume of real estate transactions and of property values. While the property
value trend has increased steadily and reliably, recent rate hikes in the mortgage and commercial
lending space have cast doubt on the pace of transactions in the future. In order to budget cautiously,
past remittances have been analyzed for large one-time transactions and forecasting has excluded the
assumption that large properties will continue. The volume of residential properties was left as a
baseline, so that should residential transactions slow, the elimination of commercial transactions from
the estimate will serve as the hedge. That produces a revenue forecast that should be attainable.
Should revenue fall short of forecast, capital spending could be managed at a slower pace, and should
revenue exceed forecast, budget amendments can be brought with equal and offsetting additional
revenue and expenditures, green -lighting additional REET-eligible projects. Out -months are forecasted
at a 1 % increase.
one-timeI a rge transactions
2.0%
1.0%
1.0%
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
Jan
155,922
386,409
239,882
201,603
242,395
193,226
193,639
241,514
244,000
246,000
Feb
150,860
533,534
194,677
176,339
588,487
273,266
237,843
269,472
272,000
275,000
Mar
331,315
165,413
969,730
250,809
253,664
164,884
339,701
458,276
463,000
468,000
Apr
148,984
245,886
221,872
533,980
237,306
185,348
427,556
489,224
494,000
499,000
May
302,118
220,243
385,350
295,897
296,386
309,742
381,942
927,268
382,000
384,000
Jun
345,929
328,219
384,086
330,483
493,407
237,980
509,935
544,704
550,000
556,000
Jul
302,572
331,410
352,290
373,877
327,771
315,033
438,542
653,733
660,000
667,000
Aug
324,637
289,291
333,709
321,824
799,244
286,510
898,086
649,564
656,000
663,000
Sep
199,688
933,582
301,674
219,285
349,971
432,262
419,855
428,000
432,000
436,000
Oct
246,044
987,072
248,500
438,041
388,533
317,205
551,866
563,000
569,000
575,000
Nov
189,651
590,835
315,762
368,949
258,753
272,994
353,248
360,000
364,000
368,000
Dec
333,438
253,246
278,806
729,735
935,728
1,478,659
422,693
431,000
435,000
439,000
3,031,159
5,265,138
4,226,336
4,240,825
5,171,643
4,467,111
5,174,908
6,015,754
5,521,000
5,576,000
74%
-20%
0%
22%
-14%
16%
16%
-8%
1%
City of Federal way
REET
$2,0-A44
9e,U94.D00
S5AMMO
y .iioa a
5a,00uAur
52.DWAnrs
"
M? Af7 2W AN M9 icl 2020 Act 2021 +ti 2022 €u IW ra 2024 U ZM ER
31
CITY OF FEDERAL WAY 2023-24 BUDGET
Lodging Tax Revenue Forecast
In formulating the 2023-24 Budget, with six months of actual lodging tax remitted to the City of Federal
Way, the remaining six months were forecasted, using pre-COVID 2019 data, month by month, and
extrapolating the recovery the tourism industry has slowly experienced. March 2020 was the initial
month that overnight hotel stays dropped , "DIN UK
precipitously, with two months experiencing a 77% 7-1-
drop compared to prior year. Revenues in the first Pq, - -
half of 2022 are up to 90% of 2019 levels. -" MEMO- -
1-WLL
kd-k
JNLr JGJr� JGJLh M1w
amp Jml}l
N1- W N1-ur I-
L'. ^- 1-.' 1- 313A lnA
Figures in red, below, indicate the months of depressed economic activity, and the blue indicates
estimated recovery compared to pre-COVID (2019) levels:
Actual
I forecast
2016 2017 2018 2019 2020 2021 2022
1 2022 2023 2024
Jan
15,431
15,621
16,916
22,862
20,477
7,186
15,770
15,770
22,000
23,000
Feb
15,983
16,835
18,162
17,340
18,201
8,765
16,937
16,937
17,000
18,000
Mar
20,565
21,304
22,378
21,015
12,425
9,582
19,965
19,965
21,000
22,000
Apr
22,013
24,629
25,072
26,343
6,289
13,702
26,925
26,925
26,000
27,000
May
19,591
20,733
21,482
21,450
11,734
16,381
19,237
19,237
21,000
23,000
Jun
22,788
25,010
25,192
23,485
5,397
15,774
20,135
21,000
23,000
25,000
J u I
30,642
33,813
30,269
31,724
10,228
21,509
-
29,000
32,000
33,000
Aug
34,121
37,288
34,273
31,912
9,697
26,408
30,000
32,000
34,000
Sep
37,138
37,094
34,135
32,607
10,950
24,748
31,000
33,000
35,000
Oct
26,933
27,262
27,704
26,575
9,957
19,722
25,000
27,000
28,000
Nov
20,758
22,865
15,633
26,284
12,109
17,395
25,000
27,000
28,000
Dec
17,255
19,147
14,509
11,389
6,309
14,547
11,000
12,000
12,000
283,220
301,603
285,725
292,986
133,773
195,720
118,968
270,834
293,000
308,000
Prior year vs.
2019 vs
2022
2023
2024
2017
2018
2019
2020
2021
2022
forecast
forecast
forecast
Jan
101.2%
108.3%
135.1%
89.6%
31.4%
69.0%
98.0%
102.5%
Feb
105.3%
107.9%
95.5%
105.0%
50.5%
97.7%
98.0%
102.5%
Mar
103.6%
105.0%
93.9%
59.1%
45.6%
95.0%
98.0%
102.5%
Apr
111.9%
101.8%
105.1%
23.9%
52.0%
102.2%
99.0%
102.5%
May
105.8%
103.6%
99.9%
54.7%
76.4%
89.7%
99.0%
105.0%
Jun
109.7%
100.7%
93.2%
23.0%
67.2%
91.0%
99.0%
105.0%
Jul
110.4%
89.5%
104.8%
32.2%
67.8%
92.0%
100.0%
105.0%
Aug
109.3%
91.9%
93.1%
30.4%
82.8%
93.0%
100.0%
105.0%
Sep
99.9%
92.0%
95.5%
33.6%
75.9%
94.0%
100.0%
107.5%
Oct
101.2%
101.6%
95.9%
37.5%
74.2%
95.0%
101.0%
105.0%
Nov
110.2%
68.49/o
168.1%
46.1%
66.2%
96.0%
101.0%
105.0%
Dec
111.0%
75.8%
78.5%
55.4%
127.7%
97.0%
101.0%
105.0%
Dropoff due to
economic effects of
pandemic
Gradual actual and
projected recovery
32
CITY OF FEDERAL WAY 2023-24 BUDGET
Operating
Budgets by
Department
-L . tom: VEEP
MML .1
-ram
_-___11i1�� fTT7
M
q
IQN�AJ7�
33
CITY OF FEDERAL WAY 2023-24 BUDGET
OPERATING BUDGETS
MAYOR'S OFFICE
Mayor Jim Ferrell
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The Mayor's Office is the executive branch of City government
and includes the Mayor, who is elected by and represents the
people of Federal Way. The Mayor's Office provides
management direction and coordination of all City departments
and activities, in accordance with policies and direction of the
Mayor/City Council.
The Mayor's Office includes the following divisions;
Administration, Economic Development, Emergency
Management, Human Resources, and City Clerk.
GOALS/OBJECTIVES:
• Instill a customer service culture and can -do attitude in the City Government.
• Manage city resources in a responsible and responsive manner.
• Lead and coordinate the City's role in local, regional, and federal issues.
• Implement Economic Development initiatives.
• Facilitate Council decision making and policy development by providing unbiased, thorough, and professional
analysis.
• Carry out Mayor/City Council polices and directions effectively and efficiently.
• Lead and coordinate proactive and effective communications with citizens, the news media, and city employees.
• Communicate the City's vision, mission, and goals as well as day-to-day service information to constituents and
key stakeholders.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23Proposed -22Adi
1
Ado ted Adjusted Projected
$ Ch % Ch
General Fund Operating Expenditure Summary:
MO
Admin
662,442
865,309
715,168
886,546
886,546
1,184,417
1,202,107
297,872
33.6%
ED
Economic Development
398,512
382,498
284,756
286,423
286,423
334,768
346,326
48,344
16.9%
CK
City Clerk
595,379
804,823
560,410
619,413
619,413
848,565
857,669
229,151
37.0%
HR
Human Resources
483,770
590,414
536,319
594,623
594,623
698,224
714,037
103,601
17.4%
Subtotal Operating Exp.:
$ 2,140,102
$ 2,643,044
$ 2,096,654
$ 2,387,006
$ 2,387,006
$ 3,065,974
$ 3,120,141
$ 678,968
28.4%
Other Funds Operating Expenditure Summary:
101
Emergency Operations
188,786
204,237
208,679
208,679
208,679
228,270
228,270
19,590
9.4%
114
Proposition 1
656,222
675,573
651,076
651,076
651,076
751,076
751,076
100,000
15.4%
109
1 Hotel Motel LodOng Tax
28,785
34,393
155,000
155,000
155,000
65,000
65,000
(90,000)
-58.1%
Subtotal Operating Exp.:
$ 873,793
$ 914,203
$ 1,0149755
$ 1,014,755
$ 1,014,755
$ 1,044,346
$ 1,044,346
$ 29,590
2.9%
Total Expenrlitures:
$ 3,013,895
$ 3,557,247
$ 3,111,409
$ 3,4019761
$ 3,4019761
$ 4,110,320
$ 4,164,486
$ 708,559
20.8%
34
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Mayor's Office's proposed operating budget totals $4.11 M in 2023 and $4.16M in 2024. This is a 20.8% or $0.71 M
increase to the 2023 proposed budget from the 2022 adjusted budget. Major line items changes include:
• Salaries & Wages/Benefits — Increase of $0.60M is due to reclassifying a Human Resources Technician position
from Administration Assistant ll, adding City Clerk Public Records Officer position, and adding City Administrator
position.
• Services and Charges — Increase of $0.10M is due to increase in public defender contracted services.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
Adopted I Adjusted Projected
$ Ch % Ch
Expenditure Summary:
1XX
Salaries & Wages
1,301,611
1,496,140
1,285,916
1,406,130
1,406,130
1,912,448
1,953,074
506,317
36.0%
2XX
Benefits
468,572
508,537
487,698
481,232
481,232
571,801
583,019
90,569
18.8%
3XX
Supplies
14,090
28,485
20,711
27,293
27,293
28,499
28,499
1,206
4.4%
4XX
Services and Charges
982,966
1,087,294
1,088,634
1,208,655
1,208,655
1,219,122
1,221,445
10,466
0.9%
5XX
intergovernmental
245,061
436,792
228,450
278,450
278,450
378,450
378,450
100,000
35.9%
6XX
1 Capital Outlays
1,596 ' -
-
n/a
Totally nditures:
$ 3,013,895 $ 3,557,247 $ 3,111,409
1 $ 3,401,761
$ 3,401,761
$ 4,110,320
$ 4,164,486
$ 708,559
20.8%
35
CITY OF FEDERAL WAY 2023-24 BUDGET
CITY COUNCIL
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The City Council is the seven -member legislative branch of city
government elected by and representing the people of Federal
Way. Council Members elect one of their members as the Council
President and the Mayor is elected by Federal Way residents.
The City Council is the policy determining body of the City and
exercises all legislative powers authorized under the State
Constitution which are not specifically denied by State law,
including adoption of ordinances, levying of taxes, and
appropriation of funds.
Budgeted expenses include statewide association dues, training
and education, travel reimbursement, supplies and other
operating expenses.
ii MEN=MidI!ihmm
MINI
■■1 ENN E1I
M�■ paten �r
GOALS/OBJECTIVES:
• Integrate the public safety strategy into all facets of City operations, building on a strong community -based approach.
• Create a multi -use urban city center that is pedestrian friendly, linked to neighborhoods and parks, and services as
the social and economic hub of the City.
• Establish Federal Way as an economic leader and job center in South King County by attracting a regional market for
high quality office and retail businesses.
• Maintain the capital facilities plan and provide financing options for transportation and surface water improvements,
parks, recreation, cultural arts and public facilities.
• Ensure a responsive service culture within the City organization where employees listen carefully, treat citizens and
each other respectfully and solve problems creatively, efficiently, and proactively.
• Position Federal Way as a regional leader by working collaboratively with other local and regional jurisdictions in order
to leverage resources.
• Increase sustainable revenue streams to fully fund the city budget, programs and infrastructure.
• Address public safety issues for residents and businesses.
• City government will develop a plan to realize our 2030 vision of becoming a tech hub.
• Develop a plan to address and prevent homelessness and related issues.
HIGHLIGHTS/CHANGES:
The City Council's proposed operating budget totals $0.49M in 2023 and $0.49M in 2024. This is a 6.8% or $0.04M
decrease to the 2023 proposed budget from the 2022 adjusted budget. Major line item changes include:
• Services and Charges: Decrease of $0.03M due to moving South King County Housing & Homelessness Partners
contracted services to Community Services budget.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
Ado ted
Adjusted
Projected
$ Ch
% Ch
Expenditure Summary:
1XX
Salaries & Wages
162,679
178,965
168,512
190,178
190,178
171,224
173,568
(18,953)
-10.0%
2XX
Benefits
87,040
88,469
120,527
91,748
91,748
105,065
105,956
13,318
14.5%
3XX
Supplies
6,756
4,911
6,537
6,537
6,537
6,537
6,537
-
0.0%
4XX
Services and Charges
214,844
232,155
235,118
235,118
235,118
205,218
205,218
(29,900)
-12.7%
Total 1 nditures :
$ 471,319
$ 504,501
$ 530,695
$ 523,580
$ 523,580
$ 488,045
$ 491,279
1 $ (35,535)
-6.8%
36
CITY OF FEDERAL WAY 2023-24 BUDGET
COMMUNITY DEVELOPMENT
Brian Davis, Director
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The mission of the Community Development Department is to
help maintain and improve the quality of life in Federal Way by
managing and fostering the safe, orderly, and beneficial
development and implementation of land use, building
construction, code enforcement, and community services
programs with the input from Federal Way's citizens and within
the policy framework provided by the City Council.
_ ice;•- .
-�--4ti tier �5
- fill
.rr
. r F - JN V ' --C' s
J J `.4.
The Community Development Department is organized into four '
divisions. ' The Administrative Division provides the overall _
management and support of the department, accepts passport
applications, and manages public records requests. The Permit Center provides discerning customer service throughout an
applicant's development process and supports the Planning Commission. 2 The Planning Division administers and enforces
land use, subdivision, and environmental codes and policies. In addition, the division performs long-range planning and
policy work, including comprehensive plan updates and amendments, code revisions, and annexations, as well as subarea
and/or special planning projects. The division also supports the Planning Commission. S The Building Division administers
and enforces building codes for construction, mechanical, electrical, plumbing, and signs, including plan review and
inspection. In addition, through code compliance, it enforces land use and building code provisions to abate illegal and/or
nuisance conditions throughout the city.' The Community Services Division assists our community with providing funding
and support for critical services for low- and moderate- income citizens, including administration and operation of the Home
Repair Program and Commercial Loan Program. Additionally, the division supports the Human Services Commission and
Diversity Commission.
GOALS/OBJECTIVES:
• Ensure that planning efforts and the regulatory environment provide for a balance between protection of the
environment and neighborhoods and accommodating new development to house a growing population and jobs
• Strengthen human service agencies and the social wellbeing and economic health of the community by
administering and monitoring grants as a CDBG direct -entitlement city
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
1
I Adopted I Adjuste I Projected
$ Ch % Ch
Expenditure Summary
71
Administration
494,125
497,651
503,605
549,162
549,162
620,593
632,222
71,431
13.0%
73
Planning
816,841
867,569
804,333
1,264,333
1,264,333
1,386,799
1,400,186
122,466
9.7%
74
Building
1,303,520
1,378,255
1,375,166
1,357,730
1,357,730
1,470,011
1,491,891
112,281
8.3%
83
Community Services
917,560
875,800
975,180
911,305
911,305
1,155,217
1,174,690
243,913
26.8%
Subtotal GF Operating Exp.:
1 $ 3,532,046
1 $ 3,619,275
1 $ 3,658,283
1 $ 4,082,529
1 $ 4,082,529
1 $ 4,632,619
1 $ 4,698,989
$ 550,090
13.5%
Non -General Fund Operating Expenditure Summary:
104
Sales/Use Tax-Affrd. &
250,000
250,000
125,000
125,000
(125,000)
-50.0%
114
Prop 1 Fund
101,472
96,052
109,114
109,114
109,114
120,465
124,925
11,352
10.4%
119
Comm Dev Block Grant
945,084
1,088,917
758,323
2,232,066
2,232,066
858,193
760,717
(1,373,873)
-61.6%
Subtotal Non-GF Oper. Exp.:
$1,046,556
$1,184,969
$ 867,437
$ 2,591,180
$ 2,591,180
$1,103,658
$1,010,643
$ (1,487,522)
-57.4%
Total Expenditures:
1 $ 4,578,603
1 $ 4,804,244
1 $ 4,525,720
1 $ 6,673,709
1 $ 6,673,709
1 $ 5,736,277
1 $ 59709,632
1 $ (937,431)
-14.0%
37
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Department of Community Development overall proposed operating budget totals $5.74M in 2023 and $5.71 M in 2024.
This is a 14.0% or $0.94M decrease to the 2023 proposed budget from the 2022 adjusted budget.
Major line item changes include:
Services and Charges - Decrease of $1.29M due to reduction in one-time Community Development Block Grant
projects and one-time COVID Child Care services.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Ad'
I Adopted Adjusted Projected
$ Ch % Ch
Expenditure Summary:
1XX
Salaries and Wages
2,018,348
2,172,525
2,156,170
2,241,290
2,241,290
2,608,735
2,648,003
367,446
16.4%
2XX
Benefits
775,671
804,028
807,974
747,076
747,076
983,176
1,001,518
236,100
31.6%
3XX
Supplies
27,658
17,336
21,800
55,700
55,700
24,300
24,300
(31,400)
-56.4%
4XX
Services and Charges
1,419,810
1,714,827
1,225,350
3,315,218
3,315,218
2,025,016
1,940,761
(1,290,202)
-38.9%
5XX
Intergovernmental
97,420
92,993
87,350
87,350
87,350
1 92,050
92,050
4,700
5.4%
7XX
IDebt Service -Principal
159,000
-
159,000
159,000
159,000
-
-
(159,000)
-100.0%
8XX
IDebt Service -Interest
80,696
2,534
68,075
68,075
68,075
-
-
(68,075)
-100.0%
9XX
I Internal Service/Other
-
-
-
-
-
3,000
3,000
3,000
100.0%
Total Expenditures:
$ 4,578,603
$ 4,804,244
$ 4,525,720
$ 6,673,709
$ 6,673,709
$ 5,736,277
$ 5,709,632
$ (937,431)
-14.0%
38
CITY OF FEDERAL WAY 2023-24 BUDGET
FINANCE
Steve Groom, Finance Director
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The purpose of the Finance Department is to provide accurate financial
information from which educated judgments can be made on the
financial health of the City and decisions can be made by management
regarding City operations. The Finance Department's responsibilities
include accounts payable, accounts receivable, payroll, general
accounting, financial planning, cash and investment management, cash
receipting, business licensing, internal control monitoring, audit,
monthly, quarterly and annual financial reporting, budget preparation
and financial analysis.
GOAL/OBJECTIVES:
• Provide timely and accurate accounting and financial reporting to citizens, City Council, and city staff.
• Process Payroll semi-monthly accurately and on time.
• Ensure proper internal control in City operations to safeguard City resources.
• Pay Accounts Payable invoices accurately and timely.
• Develop a comprehensive Budget process
• Invest city cash to maximize spendable yield, assuring safety and liquidity.
HIGHLIGHTS/CHANGES:
The Finance proposed operating budget totals $1.33M in 2023 and $1.38M in 2024. This is a 23.6% or $0.25M increase to
the 2023 proposed budget from the 2022 adjusted budget.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Ad'
Ado ted
Adjusted
I Pro'ected
$ Ch
% Ch
Expenditure Summary:
1XX
Salaries & Wages
688,419
722,134
891,080
722,899
722,899
921,907
958,173
199,008
27.5%
2XX
Benefits
245,234
262,876
308,023
265,949
265,949
320,878
334,659
54,929
20.7%
3XX
Supplies
4,366
5,440
5,620
5,620
5,620
5,620
5,620
-
0.0%
4XX
Services and Charges
8,420
62,511
16,796
16,796
16,796
16,796
16,796
0.0%
5XX
Intergovernmental
1 76,998
1 75,212
1 66,216
1 66,216
1 66,216
1 66,216
1 66,216
1
0.0%
Totalapenclitures:
$ 1,023,437
1 $ 1,128,174
1 $1,287,736
1 $1,077,480
1 $1,077,480
1 $1,331,417
1 $1,381,464
1 $ 253,937
23.6%
39
CITY OF FEDERAL WAY 2023-24 BUDGET
INFORMATION TECHNOLOGY
Thomas Fichtner, Information Technology Director
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
orAmuni ation hardaare
supportcomputeriN �databa e
�.
� I formotion
servers Technolo
The Information Technology Department provides city-wide
information technology needs and services. This includes net ol� � security
designing, purchasing, configuring, maintaining, supporting and �j
upgrading all data, voice, and video systems; manage contracted software
services, staff training; Geographical Information Systems (GIS); Oppli .'atlons de -sign
Government Access Channel (GAC) broadcasting; cable;
Internet/Intranet services; and mail and duplications. Communication Services include technical services, support,
maintenance and enhancements for city telephone systems, cellular phones, pagers, radio equipment, building wiring and
all other communications -related needs. GIS services include developing and maintaining the city's spatial database,
producing maps, analyzing data, generating reports, providing staff training, and developing user-friendly interfaces. AN,
GAC & Cable Rate Services include local government information broadcasting (live -broadcast City Council meetings and
taped video programs, as well as news, events, and general city information via billboard -type messages). In addition, the
division oversees cable TV franchise agreements and regulations, and is responsible for coordinating and responding to
citizens' complaints regarding cable services. Internet, Intranet, & Web Services include developing and maintaining the
city's web site, secure fire sharing, email, remote access, and intergovernmental services; providing training for staff;
monitoring system security; developing interfaces; and integrating internal systems with Internet services.
GOALS/OBJECTIVES:
• Streamline City operations through integration and systems automation.
■ Seek new technology and apply where it is cost effective.
■ Improve access to City services and information through online systems.
■ Provide a secure and reliable information technology infrastructure.
■ Provide up-to-date hardware and software tools for staff.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
1 23 Proposed - 22 Adj
I Adopted Adjusted I Projected
$ Ch % Ch
Expenditure Summary:
107
Special Contract
6,484
-
-
450,000
450,000
(450,000)
-100.0%
121
Technology Fee
44,488
48,913
14,300
284,300
284,300
(284,300)
-100.0%
502
Information Technology
2,356,522
2,398,821
2,707,608
3,542,008
3,542,008
3,646,229
3,393,541
104,221
2.9%
503
Mail & Duplication
66,332
95,245
185,007
185,007
185,007
154,901
161,901
(30,106)
-16.3%
Total nclitures:
$ 2,473,826
$ 2,542,978
$ 2,906,915
$4,461,315
$4,461,315
$3,801,130
$3,555,442
$ (660,185)
44.8%
40
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Information Technology proposed operating budget totals $3.80M in 2023 and $3.56M in 2024. This is a 14.8% or
$0.66M decrease to the 2023 proposed budget from the 2022 adjusted budget. Major line items changes include:
• Services and Charges - Increase of $0.05M due to increased cost of IT services, purchase of software, and
additional cost for services for Microsoft licenses.
• Capital Outlay - Decrease of $0.94M due to less equipment scheduled for replacement, and one-time project
completion.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
Adopted
I Adjusted
I Projected
$ Ch
% Ch
Expenditure Summary:
1XX
Salaries & Wages
721,776
813,294
813,886
883,886
883,886
1,016,399
1,049,234
132,513
15.0%
2XX
Benefits
257,292
280,920
282,565
282,565
282,565
378,442
390,919
95,877
33.9%
3XX
Supplies
33,191
59,983
66,056
66,056
66,056
66,056
66,056
-
0.0%
4XX
Services and Charges
937,913
1,064,783
1,212,055
1,436,355
1,436,355
1,490,555
1,535,555
54,200
3.8%
5XX
I Intergovernmental
149,749
165,794
156,778
156,778
156,778
1156,778
-
0.0%
6XX
Capital Outlay
373,906
158,203
375,575
1,635,675
1,635,675
�69#2,900356,900
(942,775)
-57.6%Total
n(litures:
$ 2,473,826
$ 2,542,978
$ 2,906,915
$4,461,315
$4,461,315
$3555,442
$ (660.185)
-14.8%
41
CITY OF FEDERAL WAY 2023-24 BUDGET
LAW DEPARTMENT
Ryan Call, City Attorney
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The City Attorney's office is divided into three divisions: Civil,
Criminal, and Risk Management. ' The Civil Division provides
legal services to the Mayor, City Council, Municipal Court, Boards
and Commissions, City management and staff. 2 The Criminal
Division assists in providing prosecution, pre -sentencing and
sentencing, and providing assistance and safety and the criminal
justice system information to domestic violence victims. 3 The
evaluates the risk throughout the City.
Risk Management Division administers insurance and
GOALS/OBJECTIVES:
• Provide quality and cost-effective legal advice and services to the Mayor, City Council, Municipal Court, Boards and
Commissions and City Departments;
• Defend or prosecute all litigation involving the City;
• Advise and train City staff to minimize potential litigation.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
I Proposed
23 Pro osed - 22 Adj
Adopted
Adjusted
Projected
$ Ch
% Ch
General Fund Operating Expenditure Summar •:
112
Traffic Safety
-
2,269
-
-
-
-
-
-
n/a
51
Civil Legal Svcs
825,669
679,317
974,797
921,433
921,433
980,618
995,113
59,185
6.4%
52
Criminal Prosecution
709,570
768,882
776,142
916,028
916,028
995,576
1,013,080
79,548
8.7%
Subtotal Operating ExA:
$ 1,535,239
$1,450,468
$1,750,938
$1,837,460
$1,837,460
$1,976,194
$ 2,008,193
$ 138,734
7.6%
Non -General Fund Operating Ex enditure Summa .
114
Proposition 1
237,322
247,963
278,996
278,996
279,996
308,209
318,848
29,213
10.5%
501
Risk Management
2,348,831
1,788,325
1,486,275
1,714,379
1,714,379
2,657,763
2,329,131
943,384
55.0%
Subtotal Non-GF Oper. Exp.:
$ 2,586,153
$ 2,036,288
$1,765,271
$1,993,375
$1,993,375
$ 2,965,972
$ 2,647,979
$ 972,597
48.8%
Total nditures:
$ 4,121,392
$ 3,486,755
$ 3,516,210
$ 3,830,836
$ 3,830,836
$ 4,942,166
$ 4,656,173
$ 1,111,331
29.0%
HIGHLIGHTS/CHANGES:
The Law Department's proposed operating budget totals $4.94M in 2023 and $4.66M in 2024. This is a 29.0% or $1.1 M
increase to the 2023 proposed budget from the 2022 adjusted budget. Major line item changes include:
• Services and Charges - Increase of $0.94M due to increase in insurance premiums and one-time legal
settlements.
Expenditure Summary:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Ad'
Adopted
I Adjusted
Projected
$ Ch
% Ch
Expenditure Summary:
1XX
Salaries & Wages
1,138,860
1,185,296
1,214,230
1,338,069
1,338,069
1,400,239
1,430,949
62,170
4.6%
2XX
Benefits
382,048
389,472
461,407
424,090
424,090
527,567
538,945
103,477
24.4%
3XX
Supplies
2,536
6,584
5,525
5,525
5,525
6,225
6,225
700
12.7%
4XX
Services and Charges
2,447,948
1,905,403
1,834,547
2,062,651
2,062,651
3,007,635
2,679,553
944,984
45.8%
5XX
Intergovernmental
-
-
500
500
500
500
500
-
0.0%
OXX
I Other Financing Use
150,000
-
-
n/a
Total nditures:
$ 4,121,392
$ 3,486,755
$ 3,516,210
1 $ 3,830,836
1 $ 3,830,836
$ 4,942,166
1 $ 4,656,173
1 $ 1,111,331
29.0%
42
CITY OF FEDERAL WAY 2023-24 BUDGET
MUNICIPAL COURT
David Larson, Presiding Judge
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The Municipal Court of the City of Federal Way is organized
under RCW 3.50 with jurisdiction over violations of the Federal
Way Revised Code and Revised Code of Washington provisions
adopted by the City that occur within the boundaries of the City
of Federal Way.
GOALS/OBJECTIVES:
• Provide an accessible forum for individuals to resolve issues.
• Provide a forum to settle disputes in a fair, efficient, courteous
and dignified way in accordance with due process of law.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022 2023
I Adopted Adjusted I Projec Proposed
2024
Proposed
23 Pro osed - 22 Ad•
$ Ch
% Ch
General Fund Operating Expenditure Summary:
022 1 General Operations
�4 ------
021 (Probation
1,417,982
362,811
1,494,116
376,998
1,433,566
385,340
1,775,540
, 478,385
1,775,540 1,584,120 1,614,396
478,385 423,794 1 434,327
$ (191,420)
(54,592)
10.8%
1 --
-11.4%
Subtotal Operating Exp:1 $ 1,780,793
$ 1,871,113
$ 1,818,905 $ 2,253,925
$ 2,253,925 $ 2,007,913 1 $ 2,048,723
$ (246,011)' -10.9%
Non -General Fund Operating Expenditure Summary:
112
Traffic Safety
-
7,577
61,550
61,550
61,550
61,550
61,550
0.0%
114
Proposition 1
175,101
149,723
194,159 194,159
194,159
198,857
202,103
4,698
2.4%
Prop 1 and Traffic Safety Fxp:
$ 175,101
$ 157,300
$ 255,709 $ 255,709
$ 255,709
$ 260,407
$ 263,653
$ 4,698
1.8%
Total F*nclitures: l $ 1,955,894
$ 2,028,413
$ 2,074,615 • $ 2,5099634
$ 2,509,634
$ 2,2689321
1 $ 293129376
$ (241,313) � -9.6%
43
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Municipal Court's proposed operating budget totals $2.27M in 2023 and $2.31 M in 2024. This is 9.6% or $0.24M
decrease to the 2023 proposed budget from the 2022 adjusted budget. Major line item changes include:
• Services and Charges - Decrease of $267,928 due to elimination of one-time Administrative Office of Courts grant
services.
EXPENDITURE SUMMARY:
Code
2020
Item Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Adj
Ado ted
Adjusted
Projected
$ Ch
% Ch
Municipal Court General Fund Operations Expenditure Summary:
1XX
Salaries & Wages
896,880
976,835
963,701
1,011,875
1,011,875
1,055,307
1,077,246
$ 43,432
4.3%
2XX
Benefits
358,432
373,807
343,216
344,089
344,089
374,265
382,602
30,176
8.8%
3XX
Supplies
19,570
7,903
10,050
10,050
10,050
12,950
12,950
2,900
28.9%
4XX
Services and Charges
87,674
135,570
116,598
409,526
409,526
141,598
141,598
(267,928)
-65.4%
6XX
I Capital Outlay
55,427
1 -
-
-
-
n/a
Subtotal Operating Epp:
$ 1,417,982
1 $ 1,494,116
$ 1,433,566
$ 1,775,540
$ 1,775,540
$ 1,584,120
$ 1,614,396
1 $ (191,420)
-10.8%
Probation Office General Fund Expenditure Summary:
1XX
Salaries & Wages
196,188
216,844
214,344
275,694
275,694
244,628
252,261
(31,066)
-11.3%
2XX
Benefits
87,221
90,109
81,451
113,147
113,147
92,921
95,821
(20,226)
-17.9%
3XX
Supplies
-
995
6,900
6,900
6,900
3,000
3,000
(3,900)
-56.5%
4XX
Services and Charges
79,402
69,050
82,645
82,645
82,645
83,245
83,245
600
0.7%
Subtotal Probation Exp:
I $ 362,811
$ 376,998
$ 385,340
$ 478,385
$ 478,385
$ 423,794
$ 434,327
$ (54,592)
-11.4%
Prop 1 Fund Expenditure Summary:
1XX
I Salaries & Wages
131,500
115,295
140,695
140,695
140,695
144,099
146,451
$ 3,404
2.4%
2XX
JBenefits
43,601
34,427
53,464
53,464
53,464
54,758
55,652
1,294
2.4%
Subtotal Prop 1 :
$ 175,101
$ 149,723
$ 194,159
$ 194,159
$ 194,159
$ 198,857
$ 202,103
$ 4,698
2.4%
Traffic Safety Fund Expenditure Summary:
4XX
I Services and Charges
-
7,577
61,550
61,550
61,550
61,550
61,550
0.0%
Subtotal Traffic Safety lip:
$ -
$ 7,577
$ 61,550
$ 61,550
$ 61,550
$ 61,550
$ 61,550
$
0.0%
Total FkWnc6tures:
$ 1,955,894
$ 2,028,413
$ 2,074,615
$ 2,509,634
$ 2,509,634
$ 2,268,321
$ 2,312,376
1 $ (241,313)
-9.6%
44
CITY OF FEDERAL WAY 2023-24 BUDGET
PARKS, RECREATION AND CULTURAL SERVICES
John Hutton, Parks Director
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The Parks, Recreation, and Cultural Services Department
consists of five divisions: Parks Administration, Parks General
Recreation, Federal Way Community Center, Dumas Bay Centre,
and Parks Maintenance. The Department's mission is to enrich
community life through the provision and stewardship of parks,
leisure and cultural experiences.
GOALS/OBJECTIVES:
• Provide cost-efficient quality recreation and cultural programs to meet the needs of all ages, interests and abilities.
• Provide a high quality of maintenance for all park areas and facilities.
• Provide a balance of services and programs in parks and facilities for Federal Way's diverse population
• Plan and implement ongoing acquisition and development of parks to meet the goals and objectives outlined in the Park
Plan updated in 2019.
• Promote ongoing public involvement through commissions, volunteers, public outreach and surveys.
• Manage and maintain all City buildings and structures.
• Promote a culture of teamwork and public service in all parks, recreation, and cultural activities.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
1 2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
I Adopted I Adjusted I Projected
$ Chg % Chg
General Fund Operating Expenditure Summary:
310
Administration
395,938
406,609
281,647
841,643
841,643
473,229
481,652
(368,414)
-43.8%
33x
Maintenance
2,497,587
2,944,293
2,391,575
2,474,401
2,474,401
2,832,440
2,871,652
358,039
14.5%
35x
I General Recreation
914,785
1,210,962
1,520,473
1,404,104
1,404,104
1,643,507
1,647,597
239,403
17.1%
Subtotal GFOperating Exp.:
$ 3,808,310
S 4,561,865
$ 4,193,695
S 4,720,147
S 4,720,147
$ 4,949,176
$ 5,000,901
$ 229,028
4.9%
Non -General Fund Operating Expenditure Summary:
III I FW Community Center
1,367,316
2,128,650
2,756,334
2,756,334
2,756,334
2,279,893
2,306,857
(476,441)
-17.3%
Subtotal New Comm Center
$ 1,367,316
$ 2,128,650
$ 2,756,334
$ 2,756,334
$ 2,756,334
$ 2,279,893
$ 2,306,857
$ (476,441)
-17.3%
114 Prop 1 Fund
111,084
110,719
104,802
104,802
104,802
118,551
121,097
13,749
13.1%
Subtotal Prop 1Fund
$ 111,084
$ 110,719
$ 104,802
S 104,802
$ 104,802
$ 118,551
$ 121,097
$ 13,749
13.1%
115 PAEC Op erating Fund
1,452,916
1,653,440
2,299,757
2,631,641
2,631,641
2,483,359
2,483,359
(148,282)
-5.6%
Subtotal 115 PAEC Oper. Fund
$ 1,452,916
$ 1,653,440
$ 2,299,757
$ 2,631,641
$ 2,631,641
$ 2,483,359
$ 2,483,359
$ (148,282)
-5.6%
189 Parks Reserve
-
15,793
15,793
15,793
-
(15,793)
100.0%
btotal 189 Parks RR Oper. Fund
$
$ -
$ 15,793
$ 15,793
$ 15,793
$ -
$ -
$ (15,793)
-100.0%
120 Paths & Trails
200,000
-
30,000
30,000
100,000
600,000
70,000
233.3%
Subtotal 120 P&T Oper. Fund
$
$ 200,000
$ -
$ 30,000
$ 30,000
$ 100,000
$ 600,000
$ 70,000
233.3%
303 Parks CIP
217,428
68,735
375,000
595,000
595,000
367,000
767,000
(228,000)
-38.3%
Subtotal Parks CIP Fund
$ 217,428
$ 68,735
$ 375,000
$ 595,000
$ 595,000
$ 367,000
$ 767,000
$ (228,000)
-38.3%
402
Dumas Bay Ccntrc
602,682
632,483
930,210
1,000,110
1,000,110
764,097
773,784
(236,014)
-23.6%
505
Bldg & Furnishings
555,315
1,185,961
594,127
594,127
594,127
789,772
664,772
195,645
32.9%
Enterprise Fund Oper
$ 1,157,997
$ 1,818,444
$ 1,524,337
$ 1,594,237
$ 1,594,237
$ 1,553,869
$ 1,438,556
$ (40,369)
2.5%
Total Expenditures:Expenditures:1
$ 8,115,052
1 $ 10,541,853
$11,269,719
$12,447,955
$12,447,955
$11,851,848
$12,717,771
$ (596,108)
-4.8%
45
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Parks Department's proposed operating budget totals $11.85M and $12.72M in 2023 and 2024 respectively. This is a
decrease of $0.60M or 4.8% to the 2023 proposed budget from the 2022 adjusted operating budget. Major line item
changes include:
• Salaries & Wages/Benefits - Net Increase of $0.25M due to adding 3 Parks Maintenance Workers.
• Services and Charges - Decrease of $0.18M due to decreasing services due to elimination one-time grant for
Performing Arts & Event Center services.
• Capital Outlays - Decrease of $0.73M due to less Parks CIP projects, and 2022 capital projects that are not
yet carried forward into 2023.
EXPENDITURE SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Adj
I Adopted I Adjusted Projected
$ Ch % Ch
Expenditure Summary:
1XX
Salaries and Wages
3,300,083
4,025,168
4,340,413
4,524,645
4,524,645
4,844,317
4,911,266
319,673
7.1%
2XX
Benefits
1,238,723
1,371,143
1,095,039
1,347,259
1,347,259
1,280,354
1,304,329
(66,905)
-5.0%
3XX
Supplies
476,332
567,675
745,662
745,662
745,662
745,662
745,662
-
0.0%
4XX
Services and Charges
2,711,478
3,537,347
4,001,554
4,493,338
4,493,338
4,318,256
4,193,256
(175,082)
-3.9%
5XX
Intergovernmental
32,732
92,172
50,105
50,105
50,105
50,105
50,105
-
0.0%
6XX
I Capital Outlays
1 215,731
1 41,670
1 875,000
1 1,095,000
1,095,000
1 367,000
767,000
(728,000)
-66.5%
9XX
Internal Services/Othei
139,972
144,265
146,153
146,153
146,153
146,153
146,153
-
0.0%
OXX
I Other Financing Use
-
762,414
15,793
45,793
45,793
100,000
600,000
54,207
118.4%
Total ntlitures:
$ 8,115,052
$ 10,541,853
$11,269,719
1 $12,447,955
$129447,955
$ 119851,848
$ 12,717,771
$ (596,108)
-4.8%
46
CITY OF FEDERAL WAY 2023-24 BUDGET
POLICE
Andy J. Hwang, Police Chief
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The Police Department provides city-wide community -based law 16ii
enforcement services. The department strives to use innovative
methods and advanced technology to enhance its efficiency and
effectiveness, to provide safety to the Community. The Police
Department works cooperatively with local law enforcement
agencies such as the Valley Special Weapons and Tactics Team
(SWAT); Valley Independent Investigative Team (VIIT) and police
dispatch services through Valley Communications. Through teamwork and dedication, the agency remains committed to
its new mission of providing the highest quality law enforcement, community education, and support services possible.
GOALS/OBJECTIVES:
The Federal Way Police Department strives to:
- Provide a safe environment through community involvement, innovation, and education.
- Be familiar with and practice current and modern law enforcement techniques and tactics.
- Maintain a dedicated, well trained, equipped force function with integrity, accountability, and team work.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
1 2022
2023
Proposed
2024
Proposed
23 Proposed - 22 Ad'
I Adopted I Adjusted Projected
$ Ch % Ch
Expenditure Summary:
91
Office of the Chief
375,477
383,038
402,109
146,307
146,307
438,140
438,140
291,833
199.5%
92-97
Support Services
6,996,780
6,776,859
7,939,370
8,070,180
8,070,180
8,657,175
9,078,732
586,995
7.3%
11X
IFicid Operations
11,333,850
12,494,210
12,150,923
12,432,516
12,432,516
14,977,766
15,735,709
2,545,250
20.5%
Subtotal Fx W/O contract
$ 18,706,106
$19,654,107
$ 20,492,402
$ 20,649,002
$ 20,649,002
$ 24,073,081
$ 25,252,581
$ 3,424,078
16.6%
98
Jail Services
2,712,884
-
-
-
-
-
-
-
n/a
98
Valley Communications
1 2,719,126
1 2,587,211
1 2,748,692
1 2,748,692
2,748,692
1 3,079,131
1 3,300,000
330,439
12.0%
Subtotal Fxp Contract
1 $ 5,432,009
1 $ 2,587,211
1 $ 2,748,692
$ 2,748,692
$ 2,748,692
$ 3,079,131
1 $ 3,300,000
$ 330,439
12.0%
Non -General Fund Expenditure Summary:
112
Traffic Safety
1,938,474
2,604,496
2,019,227
2,765,031
2,765,031
2,774,920
3,094,030
9,888
0.4%
114
jProp 1 Fund
2,458,749
2,543,491
2,832,128
2,832,128
2,832,128
2,974,715
3,085,654
142,586
5.0%
122
1 Jail Fund
-
2,223,602
3,319,584
1,919,584
1,819,584
2,500,000
2,700,000
680,416
37.4%
$ 4,397,222
$ 7,371,589
$ 8,170,940
$ 7,416,744
$ 7,416,744
$ 8,249,635
$ 8,879,684
$ 832,891
11.2%
Total ixpenckures :
1 $ 28,535,339
1 $ 29,612,907
1 $ 31,412,033
$ 30,814,438
$ 30,814,438
$ 35,401,846
1 $ 37,432,265
$ 4,587,408
14.9%
47
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Federal Way Police Department's primary objective will be to actively address crimes that impact the quality of life for
our residents. The Police Department builds relationships with both private and public sector partners and the community
itself, to bring every possible resource to bear. The Police Department will maintain its focus of continuing to identify quality
individuals to fill anticipated vacancies. The agency will focus on its formal training programs in an effort to keep up with
ever changing trends and legal issues. The department will also focus on continued improvement of service delivery, as it
conducts a continual review of policies and procedures, as required by CALEA for National Accreditation.
The Police Department's proposed operating budget is $35AM in 2023 and $37AM in 2024. This is a 14.9% or $4.6M
increase to the 2023 proposed budget from the 2022 adjusted budget. The table below includes General Fund, Traffic
Safety Fund, and Proposition Fund. The Major line item changes include:
• Salaries & Wages/Benefits — Net Increase of $3.56M due to adding 13 new Police Officer FTE's, 2 new
Records Specialists, and 1 Public Records Officer.
• Intergovernmental Services — Increase of $O.98M due to increased Valley Communication Services, and
increase jail services.
EXPENDITURE SUMMARY:
Item
2020
Actual
2021
2022
2023
2024
23 Proposed - 22 Ad'
$ Ch % ChCode
Expenditure Summary:
1XX
Salaries & Wages
16,061,832
17,133,287
18,057,400
18,497,356
18,497,356
20,897,629
21,883,895
2,400,273
13.0%
2XX
Benefits
5,307,021
5,459,848
6,151,406
5,913,844
5,913,844
7,073,788
7,448,569
1,159,944
19.6%
3XX
Supplies
506,599
1,280,264
336,655
836,259
836,259
941,455
941,455
105,196
12.6%
4XX
Services and Charges
1,101,509
1,274,033
1,180,724
1,226,724
1,226,724
1,323,724
1,323,724
97,000
7.9%
5XX
Intergovernmental
3,997,761
4,314,941
5,668,992
4,168,992
4,168,992
5,148,393
5,556,436
979,401
23.5%
6XX
Capital Outlay
86,353
133,678
-
154,406
154,406
-
-
(154,406)
-100.0%
9XX
Internal Services/Other
16,857
16,857
16,857
16,857
16,857
16,857
16,857
0.0%
OXX
Other Financing Use
1,457,406
-
-
-
-
261,329
n/a
Total E nditures :
$ 28,535,339
$ 29,612,907
$ 31,412,033
$ 30,814,438
$ 30,814,438
$ 35,401,846
$ 37,432,265
$ 4,587,408
14.9%
48
CITY OF FEDERAL WAY 2023-24 BUDGET
PUBLIC WORKS DEPARTMENT
EJ WALSH, P.E., PUBLIC WORKS DIRECTOR
DEPARTMENT OVERVIEW
PURPOSE/DESCRIPTION:
The Public Works Department is organized into six divisions. 1
The Administrative Division provides the overall management of , Awl
the department. 2 The Development Services Division provides
the engineering plan reviews, permitting, and inspections of
private development and Right of Way projects. 3 The Traffic -
Division provides transportation planning, traffic operations, and
neighborhood traffic services. 4 The Engineering Division
provides city wide engineering support and the feasibility analysis, engineering design, bidding and construction oversight
for all capital projects. 5 The Environmental Services Division manages the Solid Waste/Recycling Utility and Surface Water
Utility enforcement, water quality, and education functions. 6 The Operations Division manages street and storm water
operations and maintenance and the Fleet Maintenance Division which provides oversight on maintenance of all City non -
police vehicles and equipment.
DEPARTMENT SUMMARY:
Code
Item
2020
Actual
2021
Actual
2022
2023
Proposed
2024
Proposed
23 Pro osed - 22 Ad'
Ado ted Adjusted Pro'ected
$ Chg Ch
Street Fund Operating Expenditure Summary:
210
Administration
252,976
251,668
284,931
284,931
284,931
315,218
317,110
30,287
10.6%
220
Development Svcs
381,023
327,354
374,048
374,048
374,048
360,636
371,667
(13,412)
-3.6%
230A260
Traffic Services
1,448,294
1,403,518
1,400,364
1,508,213
1,508,213
1,594,424
1,604,039
86,211
5.7%
240
Street Services
500,389
565,021
1,018,600
1,018,600
1,018,600
1,133,276
1,164,183
114,676
11.3%
240 Operation
Street Services - Operation
1,478,435
1,651,170
1,490,046
1,653,002
1,653,002
1,769,635
1,809,896
116,633
7.1%
Subtotal STOperating Fxp.:
$ 4,061,117
$ 4,198,731
$ 4,567,989
$ 4,838,794
$ 4,838,794
$ 5,173,188
$ 5,266,894
$ 334,394
6.9 %
Non-StreetFund Operating Expenditure Summary:
102
Arterial Street Overlay
1,910,468
2,332,950
3,051,111
2,077,917
2,077,917
1,563,000
1,563,000
(514,917)
-24.8%
106
Solid Waste & Recycling
580,419
562,166
545,844
681,624
681,624
641,647
654,343
(39,976)
-5.9%
112
Traffic Safety Fund
583,233
729,829
694,741
703,141
703,141
950,265
966,839
247,124
35.1%
116
Solid Waste 10%Utility Tax
-
994,212
-
3,418,862
3,418,862
2,200,000
2,300,000
(1,218,862)
-35.7%
306
Transportation CIP
6,746,549
7,131,617
7,773,566
26,274,109
26,274,109
19,822,000
38,455,000
(6,452,109)
-24.6%
304
Surface Wtr Mgmt CIP
467,283
330,676
1,767,000
4,330,080
4,330,080
3,359,608
1,805,273
(970,472)
-22.4%
401
Surface Wtr Mgmt
3,193,455
5,454,458
4,652,652
4,927,652
4,927,652
4,480,333
6,089,726
(447,319)
-9.1%
401 Operation
Surface Wtr Mgmt - Operation
1,213,663
1,283,513
1,463,377
1,463,377
1,463,377
1,970,275
2,014,574
506,898
34.6%
504
Fleet & Equipment
2,668,595
3,453,012
1,919,901
3,911,401
3,911,401
3,256,067
1,711,734
(655,334)
-16.8%
Subtotal Non-ST Oper. Fxp.:
$17,363,665
$ 22,272,433
S 21,868,192
$ 47,788,163
$ 47,788,163
S 38,243,196
$ 55,560,488
$ (9,544,967)
-20.0%
Total Expenditures:
$ 21,424,781
$ 26,471,164
$ 26,436,182
$ 52,626,958
$ 52,626,958
$ 43,416,384
$ 60,827,382
$ (9,210,573)
-17.5%
49
CITY OF FEDERAL WAY 2023-24 BUDGET
HIGHLIGHTS/CHANGES:
The Public Works proposed operating budget totals $43.42M in 2023 and $60.83M in 2024. This is a 17.5% or $9.21 M
decrease to the 2023 proposed budget from the 2022 adjusted budget.
Major line item changes include:
• Services and Charges — Net decrease of $2.60M due to decreased 304 SWM capital expenditures and 306
Transportation capital expenditures categorized under services and charges instead of capital outlay.
• Capital Outlays — Net decrease of $7.08M due to capital projects in 2022 for SWM, transportation, and overlay projects
that are not yet carried forward into 2023.
EXPENDITURE SUMMARY:
Code
Item
2020
ctual
2021
Actual
2022
2023
Proposed
2024
Pro osed
23 Poposed - 22 Adj
Ado tea
I Adjusted
Projected
$ Chia
% Ch
Expenditure Summary:
1XX
Salaries and Wages
4,727,496
5,176,676
6,574,878
6,745,794
6,745,794
6,689,709
6,816,423
(56,085)
-0.8%
2XX
Benefits
1,746,596
1,811,492
1,810,553
1,813,301
1,813,301
2,213,068
2,283,676
399,768
22.0%
3XX
Supplies
851,581
1,152,755
800,758
972,134
972,134
979,618
976,269
7,484
0.8%
4XX
Services and Charges
4,507,351
4,960,741
3,068,584
1 4,852,744
4,852,744
2,254,673
2,254,673
(2,598,071)
-53.5%
5XX
Intergovernmental
1,357,404
1,268,990
1,021,592
1,011,736
1,011,736
1,075,836
1,075,836
64,100
6.3%
6XX
Capital Outlay
6,716,095
7,956,603
10,312,715
33,878,080
33,878,080
26,796,066
43,177,173
(7,082,014)
-20.9%
8XX
Debt Service -Interest
-
-
1,922
1,922
1,922
1,922
1,922
-
0.0%
9XX
InternalServices/Other
896,772
1 1,098,313
835,180
843,580
843,580
835,180
835,180
(8,400)
-1.0%
OXX
Other Financing Uses
621,487
3,045,594
2,010,000
1 2,507,667
2,507,667
2,570,312
3,406,230
62,645
1 2.5%
Total Expenditures:
$ 21,424,781
$ 26,471,164
$ 26,436,182
$ 52,626,958
$ 52,626,958
$ 43,416,384
$ 60,827,382
1 $ (9,210,573)
-17.5%
50
CITY OF FEDERAL WAY 2023-24 BUDGET
Debt
e
gem III
Yri�is
y
lei
10 1
ALI
— 47C
4
CITY OF FEDERAL WAY 2023-24 BUDGET
LONG-TERM DEBT
Legal Debt Limit. Under RCW 39.36.020(2), the public may vote to approve bond issues for general government in an
amount not to exceed 2.5% of the value of all taxable property within the City. Within the 2.5% limit, the City Council may
approve bond issues not to exceed 1.5% of the City's assessed valuation. This can be used for any municipal purpose.
The voter -approved capacity is generally referred to as unlimited tax general obligation debt, which requires 60% voter
approval and the election must have a voter turnout of at least 40% of those who voted in the last State general election.
With this vote, the voters approve additional property tax levied above and beyond the constitutional and statutory caps on
property tax.
In addition to general purpose debt capacity, RCW 39.36.030(4) also allows voters to approve park facilities and utility bond
issues, each limited to 2.5% of the City's assessed valuation. Therefore, the City can issue up to a total of 7.5% of the
City's assessed valuation in bonds for $1.04 billion. In the table below debt capacity is reflected for the City of Federal Way
at December 31, 2021.
COMPUTATION OF LMITATION OF INDEBTEDNESS
December 31, 2021
General Debt Capacity
Excess Levy
Excess Levy
(Limited)
(Unlimited)
Open Space
Utility
Total Debt
DESCRIPTION
Councilmanic
Excess Levy
and Park
Purposes
Capacity
Statutory debt limit:
I
I
I
I
I
I
(2021 TAV=$14,210,298,330 (A)
I
I
11.50% A V 100%
$ 213,154,475 ' $ (213,154,475)I
$
$
I $
--------t-----------
12.50% AV a100%
---------------------
- 355,257,458
--------------------------------------
1 355,257,458
t--- ---------------
355,257,458
-------------------t---------------------
1 1,065,772,375
Add:
- ------t
ICash reserved for
--------------------------------------------------
Idebt redemption (B)
t----------
---------------------t------------------
3,192,943 , -1
----------t------------------
I
-
-------------------t---------------------
-
-------------------t---------------------
I
I 3,192,943
Less:
!Bonds and COPS outstanding
(29,686,656), -
I -
-
I (29,686,656)
Remaining Debt Capacity $ 186,660,762 $ 142,102,983 $ 355,257,458 $ 355,257,458 $ 1,039,278,661
Existing Debt Funding. In the table below is the City's general obligation debts outstanding at December 31, 2021. Real
Estate Excise Tax and Utility Tax are the two primary sources to meet the City's general obligation debt services.
The City has the ability to service its debt, and the City does not issue new debt until an additional source of revenue is
identified.
SUMMARY OF OUTSTANDING LOANS/BONDS
Date of Final Interest
Amount
Bond Rating
12/31/21
Principal Payment
Description
I Purpose
Issue Maturity , Rates (%)
I Issued
I Ca, issuance
Balance
2023
I 2024
R.O. Bonds
(Community Center 2013
12/01/13 12/1/2033 2.67
12,415,000
1 Aa3
8,300,000
600,000
1 620,000
-----------
----------------------
----------=------------'-----------t-------------t-------------
-------------
--------------t------------
G.O. Bonds
SCORE
12/11/19 12/1/2038 2.75-5.00
10,945,000
Aa2
10,175,000
430,000
1 450,000
---i----------------------
G.O. Bonds
PAEC
----r-------------T-------------
12/11/19 12/1/2029 - 1.95-2.65
1 4,840,000
1 Aa2
--
3,960,000
---T------------
465,000
1 475,000
------
HUD Loan
------------
Section 108 HUD Loan
----------------------•---------
03/28/19 - 8/1/2035 - 2.54-3.49 11
2,712,000
1 na
2,235,000
159,000
------------
1 159,000
1 $ 30,912,000
1
$ 24,670,000
$ 1,654,000
$ L704,000
52
CITY OF FEDERAL WAY 2023-24 BUDGET
Lona-term Debt
The various components of the city's long-term debt liabilities reflected on the City's financial
statements are as follows.
General obligation bonds are backed by the City's full faith and credit. Proceeds are typically used
for the acquisition or construction of major capital UIV of Fudura1 wdy -Debt Samirw,w - AN F unds
facilities or equipment. "Councilmanic Bonds" are ,.GNLOM
general obligation bonds issued by City Council SjaDKOW
without voter approval. For the two years
contemplated in the 2023-24 budget, the City has no "s 10016m
voter -approved bonds outstanding or contemplated. s1DA1K —
All principal and interest payments on general obligation debts are budgeted in the City's Debt
Service Fund.
Construction of Federal Way Community Center. In 2013, the City issued $12,415,000 of general
obligation refunding bonds with an average interest 201a �du:ne Ltd/cornmuNty Centre
rate of 2.67 percent to provide resources to refinance 5axo.ow
2003 GO Federal Way Community Center debt. The s7•o n-wo
remaining balance at December 31, 2022 is '6-fo °`'
$7,725,000 and will be repaid through 2033.,,
Sl�O'YJ 1
SCORE Jail Services contract. The City, in conjunction with the Valley Communications joint venture
comprised of several other South King County cities 2019ALMO0ondISCORE)
(Auburn, Burien, Renton, SeaTac, Tukwila), built a
shared incarceration facility. The total bond in 2009 j'_3.M4L-w
was $86.3 million and the City of Federal Way's 5:1,mom
portion at that time was $15.5 million. The City Council9
subsequently withdrew from the SCORE (South��
Correctional Entity) interlocal agreement in 2018. In 51•aaa�aoo �n
2019 the City Council authorized bonding for the City ,,tea I I IF]!'
-=,
portion of the SCORE debt. In 2019, the City issued
$10,945,000 of limited tax general obligation bond with
interest rates ranging from 2.75 percent to 5.00 percent to refinance the balance on the 2009 SCORE
Bond of $12,891,600. The remaining balance at December 31, 2022 is $9,765,000 and will be repaid
through 2038.
53
CITY OF FEDERAL WAY 2023-24 BUDGET
Performing Arts Center — General Obligation Debt
tax general obligation bond with interest rates ranging
from 1.95 to 2.65 percent, and a maturity due date of
December 1, 2029. Proceeds were used to pay for a
portion of the Performing Arts and Events Center and
to pay costs of issuing 2019B Bonds. The remaining
balance at December 31, 2022 is $3,500,000 and will
be repaid through 2029.
- In 2019, the City issued $4,840,000 of limited
201,38 LTGo Tam Bond [PAEC)
54?Ufyj.Mn
S9,U�}IF,ODG
52
$7,SffIF,{7116
MOW
53,SQ1PW
5t ;s5fwaw
5D 1
Performing Arts Center — HUD Debt. In 2016 the City entered into a Contract Loan Guarantee with
Housing Urban Development for development of the
2019-d Section 106 HUD M
Federal Way Performing Arts and Events Center. This��,�
Section 108 Loan is authorized up to $3,030,000 with,
advances of $3,030,000 with a variable rate that�,�,
converted to a fixed rate in 2019. The remaining
balance at December 31, 2022 is $2,076,000 and will
be repaid through 2035. ��,,�„ ��,�■_
s�
Interfund Debt. In 2017, the City issued $6,000,000 of limited tax general obligation bond to refinance
the 2014 Key Bank Bond Anticipation Note used to City of Federal Waw - InterFund Deb[
purchase the old Target building property. AW09,
mandatory balloon payment of $5,016,656 due $WC.W,
November 2022 was authorized by City Council in
August 2022 to be refinanced using a three-year,¢,
interest -only interfund loan from restricted but�,,,s,
available balances on deposit in the city's Fleet &1,a,,
Equipment, Downtown Redevelopment and
Transportation Capital funds. �yo
Potential New Debt. The City is currently conducting feasibility and site evaluation studies for the
construction of a maintenance and operations facility for Public Works, Surface Water Maintenance
and Parks vehicles, materials and staff. Construction of this facility will have to be financed over
multiple years. While even estimated figures are unavailable at this time, this budget contemplates the
reality of potential new debt service commencing in 2024 coming from both fund balances and on -going
revenues in the Real Estate Excise Tax and Surface Water Maintenance funds. Offsetting bond
proceeds and construction spending of $32 million are budgeted in 2024 in the Transportation CIP.
Financing itself will need to come to city council and may be amended as further details become known
so that further phased design, planning, demolition, construction and other steps can proceed
methodically and debt service is within forecasted resources.
54
CITY OF FEDERAL WAY 2023-24 BUDGET
Capital
Expenditures
Budgets
e r ii;A
A
i
7 -
i � kls�a
'+rii{i
rlsts� ■;7:Sc4 VAL st}rr 1 ilhrr
55
CITY OF FEDERAL WAY 2023-24 BUDGET
SUMMARY OF CAPITAL
I. Overview
The Capital Investment Plan (CIP) presents current and planned public improvements that are scheduled within the six -
year planning horizon in the City's perpetual infrastructure maintenance and replacement program. Project costs are
appropriated up to and include 2024. Project costs and the allocation of future resources beyond the current 2023-2024
biennium are proposed as an integral part of the plan and will be reviewed and updated during each subsequent biennium.
CIP Programs
The Federal Way CIP projects are organized into three program areas: Parks System; Surface Water Management System;
and Transportation System.
Definition
The City defines a CIP Project to be any project that possesses all of the following characteristics:
• Exceeds an estimated cost of $25,000; and
• Involves new physical construction, reconstruction, replacement of an existing system or acquisition of land or
structures; and
• Is funded by the City, in whole or in part, or involves no City funds but is the City's responsibility for implementation,
such as a 100% grant -funded project.
The project budget is an estimate of the resources required to take a project from beginning to completion. The continuation
of fully funded projects while affects the work load, are not repeated in the Plan document.
III. 2023/24 FUNDING RECOMMENDATION
The Proposed Capital Funding Plan totals $70.62 million in 2023/24.
a. Implement $1.13M in Parks improvements by using REET and paths and trails levy funding to fund Park CIP
projects for 2023/24.
b. Implement $4.76M in Surface Water Management improvements by using $3.81VI in user fees from prior years
combined with $1.01VI in grants in 2023.
c. Implement $64.73M in Transportation improvements & Arterial Street Overlay by providing funding in 2023/24
including $32.0 million in bonds; $10.8 million in grants, $7.9 million in REET, $4.5 million in utility tax, $3.6 million
in Sound Transit fees, $3.3 million in mitigation/traffic impact funds, $1.7 million in surface water management
fees, , and $0.3 million in LIFT sales tax.
56
CITY OF FEDERAL WAY 2023-24 BUDGET
6 YEAR CAPITAL IMPROVEMENT PLAN
PARKS CIP
(dollars in thousands)
Total Project costs $5.6 Million
■ Redevelopment
■ Neighborhood Parks
Total funding sources $2.7 Million
■ REET
■ Paths & Trails Levy
IrT-D Thru
Pro sed
Planned
---
Funding Sources By Year
2022
2023 2024
2025 2026 2027 2028
Total
Real Estate Excise Tax
$ 500
$ 267 1 $ 267
$ 267 I $ 267 , $ 267 $ 267
$ 2,102
Paths & Trails Lev
-
100 1 00
-��
600
Subtotal Ci Sources
$ 500
$ 367 1 $ 767
$ 267 $ 267 $ 267 $ 267
$ 2,702
Project By Year:
Proj.
#
Project Name
L-T-D Thru
2022
2
024
2025
I
I 2026
2027
2028
Total
Unfunded
1
1
129
132
Major Maint & hnpr - Existing Park Fac
Annual Playground Re & Re 1 Pro
________ 100
400
105
162
105
162
105
-----F-----
162
1 105 105 105
-------
I 162 162 162
730
--
1,372
----------
1
150
Korean Garden
-
100
-
-
-
- -
100
1
151
Asphalt Trail Repair
500
----
----------
500
1
152
----
Steel Lake Dock Replacement
-
---
1,500
--
----------
----
1,500
1,500
2
153
SacajaweaTrack Replacement
200
200
200
-----
2
154
--------
Tennis Court Renovations
500
-
------
-
500
---
500
2
155
Sacajawea Turf Replacement
700
700
700
Total Project Costs
367
$ 767
$ 3,167
$ 267 $ 267 $ 267
$ 5,602
$ 2,900
Infunded.- -
$
$ 2,900
S - $ - S -
$ 2,900
$ -
Project Impact on M&O Costs
$
$
S
S -
$ - $ $
$
$ -
Priority 1 = Projects addressing Safety and Service
Priority 2= Projects addressing Park Plan Core Values
Priority 3 = Long Range Planning Projects
57
CITY OF FEDERAL WAY 2023-24 BUDGET
SWM CIP
(dollars in thousands)
Total Project Costs 34.8 million Total Funding Sources $20.1 Million
■ Small CIP
■ Other
■ User Fees/Prior Year
Funding
■ Grants
Sources and Uses
I-T-D
thru 2022
Proposed
--
2023 i 2024
I Planned
1 :
1 2025 2026 i 2027 i 2028
Total
Unfunde
User Fee(may-as ou o�/Prior year Funding
Bond Proceeds
11 4,499
$ 3,016
I $ 1,497
I $ 917 $ 917
I $ 917
I $ 917
$ 12,680
$
Grants/Contributions Received
1,000
-
-
1,000
Grants/Contributions Anticipated
-
2,500
3,900
6,400
Misc./Transfers
-
-
-
-
Total CIP Resources
$ 4,499
$ 4,016
I $ 1,497
I $ 3,417 $ 917
1 $ 917
I $ 4,817
$ 20,080
$
No.
Pro'ectName
I I I
Small CIP -- Annual Pro ram
$ 600
$ 150
$ 150
$ 150
�1,150
$ 1501$
150
$ 150
$ 1,500
$
Y r
271 -
---
ertW. Hylebos Conservation Propy Acquisition
2,280
1,150
150
150
----
1 150
--
--- 150
----
5,180
272
South 356th Street Culvert Replacement
60
94
225
1,021
-
-
1,400
521
274
South 349th Street Weir Repair
-
-
-
-
258
632
890
890
278
West H lebos Educational Center and Trail
110
1,590
1,700
1,700
281
West H lebosTrail (Spring Valle
220
7,580
7,800
3,900
286
2018 Storm Drain CCTVIns ection and Assessmer
600
100
100
100
100
100
100
1,200
-
288
Ifte Rehabilitation Project
884
317
317
317
317
317
317
2,786
-
292
Cold Creek Culvert Replacement
550
50
80
1,150
960
150
860
3,800
21120
293 'Redondo Creek Culvert Replacement at 16th Ave
250
850
-
-
-
-
1,100
-
294 , Citywide Water Quality Monitoring
-
100
100
100
100
100
100
600
295
Annual CB Re air
225
75
75
75
75
75
75
675
296
Neighborhood Drainage Program
50
25
25
25
25
25
25
200
m
33rd PIS Drainage lEprovernents
-
-
-
-
-
-
340
340
340
xvc Hidden Pond Feasibility
-
-
60
-
60
60
xs<c- S 324th St and SR-99 Draian a m roveents
75
275
-
350
-
------
Pipe Ljpsizina at SW Campus Drive, West of9th A
--
30
-
-----
30
-
_xvc
xxac 'North Fork West H lebos Watershed Trail
500
4,7001
5,200
5,200
xlac SWM Contribution to PW O&M Shop
- -
I
I
-
-
Total Pro ects
$ 5,499
$ 3,016
$ 1,497
$ 4,588 $ 6,637
1 $ 1,655
$ 11,919
$ 34,811
$ 14,731
Unfunded Needs
$ -
$ -
$ -
$ 1,171 $ 5,720
$ 738
$ 7,102
$ 14,731
$ -
Project Impact on M&O Costs
$ 10
$ 10
$ 10
$ 10 $ 15
$ 10
$ 10
$ 75
$ -
CITY OF FEDERAL WAY 2023-24 BUDGET
Transportation CIP
Total Project Costs $304.1 Million
J
50%
■ Capacity
Traffic Flow/Safety
■ Overlay
(dollars in thousands)
Total Funding Sources $176.5 Million
User Fee
Misc&Transfers, tW REET
Mitigation/TIF
5%
`u I -es tax
1%
Uti I ityTax
0%
ceds
Financing Sources
LrT-D
thru 2022
Proposed
2023 2024
Planned
2025 2026 2027 2028
Total
User Fee
$ 1,465
$ -
$ -
$ -
$ -
$ -
$ -
$ 1,465
Real Estate Excise Tax
10,013
4,570
1,423
2,373
2,663
2,583
1,163
24,788
Fuel Tax
1,789
811
805
1,055
1,370
2,320
820
8,970
Utah Tax
598
598
Bond Proceeds
32,000
32,000
_
L2PI' Sales Tax
_
900
205
100
1 100
100
100
100
1,605
SWM Transfer
550
350
1450
50
50
5o
50
2550
Misc./Transfers- Utilit Tax
1,402
1,402
Misc./Transfers - Sound Transit
300
300
Misc./Transfers - 102 Overlay45
776
821
Misc./Transfers - Solid Waste UtilityTax
2,200
2,300
2,360
2,360
2,360
2,360
13,940
Misc./Transfers - Xfr 120 Paths and Trails
370
100
470
_
Misc./Transfers - General Fund
_
403
_
403
Misc./Transfers - Iakehaven
536
536
Misc./Transfers - Verizon
229
30
30
30
30
349
Misc./Transfers - Real Estate Excise Tax
2,133
2,133
Misc./Transfers -Mitigation/Traffic Inolmect Fee
484
180
664
Grants/Contributions Received
29,327
9,195
2,718
1,900
43,140
Mitigation Sound Transit
126
2,474
2,600
Mitigation/Traffic act Funds Received
1,178
2,156
937
906
5,177
Anticipated
19,991
_
- 11,500
31,491
M./Contributions
non/Traffic Trapact Fees -Anticipated
"10'1,100
Total CIP Resources
$ 51,948
$ 22947
$ 41863
$ 29 5
$ 18,073
$ 7,413
$ 4493
$ 176,502
Project By Year:
Project Nance OEM
4T-D
thto 2022
�
2023 2024
2025
I
1 2026
2027
I
I 2028
Total
Unfunded
102
1 Annual Asphalt Overlay Program
1,563
1,563
1,563
1,563
1,563
1,563
9,378
116
Overly -Residential
2,200
2,300
2,360
2,360
2,360
2,360
13,940
131
S 320th St @ tat Ave South
150
303
4,409
3,000
7,862
165
SR99HOVL-es PHV
30,376
100
100
30,576
168
SW 336th Wa/SW 340th Street: 26th Place SW -Ho Road
310
7688
7998
7688
177
S320th Street at 1-5 Bridge Widenin
20000
10000
35336
35336
100672
100672
178
Cit wlde Pedestrian Crossing Irovements
1551
-
-
160
320
320
320
2,671
-
202
Ada tive Traffic Control S stem_Prjeet Phase I
-
20
-
-
-
-
-
20
-
204
SR509: SW 312th St-21stAve SW SRTS Project
Z746
60
2,806
- 205
207
S 312th St Steel Ialv; Park-28th Ave SSPedestrian and Bicycle Safe Project
_____iron___ _______-__-_
Cat Center Access Phase I - Environmental ro update
toss
m_ -
3,922
_ -
500
1,100
300
2,335
__
-
-
_______-___
-
-
____________
-
-
-
3,435
4,722
1,235
-
-208
213
Street Light I3a Conversion -
Variable Lane Use Control j i n
1,970
866
100
11
100
100
too
877
216
Adaptive Traffic Controls stemProject Phase M
-
5
-
-
-
_
-
-
5
217
47th Ave SW and SW Dash Point Road Co act Roundabout
1,543
10
1,553
219
loth Ave Trail - S 308th Street to S 288th Street
1,000
3,235
635
3,815
8,685
0
Sound Transit
3,730
897
1 198
4,815
223
S 314th St Iniprovenent
100
218
1,050
2,920
4,288
224
SR99 P S 373rd St Roundabout w/Median Control
200
200
540
4,100
5,040
225
21st Ave S 320th St Traffic Signal
200
1,520
1,720
228
Citywide ADA Retrofit
400
250
250
550
550
400
400
2,800
900
229
S 356th St. -1st Ave S - SR 99
500
600
300
10,500
9,500
21,400
230
SR 509 @ 4th Ave. S Co act Roundabout
1,000
1,000
1,000
231
Federal Transit Center
1,000
1,000
1,000
232
SW 344th St. 27th Ave SW ConpactRourodabout
150
920
1,070
233
Adaptive Traffice Signal Control System- City Center Stage 2-Detection Upgrade
75
700
775
234
Citywide Pedestrian Safety System huproveanents,
300
1,436
1,736
235
Cif e RRFB Upgrades
140
690
830
236
Military Rd S: S 320th St - SR 18 Preservation Project
45
1,205
1,250
237
SW King County Regional Trail Plan
50
125
125
300
238
S 288th St - Pac Hwy S. to 34th Ave S Bike & Ped ro-ts
240
1,650
1,910
3,800
239
FiberOpticNetwork Loop -317thto S272nd
126
2,474
2,600
240
SW 340th St - 31st Ave SW - 37th Ave SW
1,805
515
4,400
1,725
8,445
8,445
241
S 348th preservation
90
1026
1,116
610
Joint eeations&Maintenance Facih1X_
500
2000
32000
-
-
W -
-
W 34500
-
XXX
S 320th St at 21st Ave S Cade Separation
25
200
75
300
Local lPro ram
900
300
300
300
1,800
1,800
__222L
_xxx
cay_cepter aeenway --
100
XXX
High Friction Surface Treatments
10
3,825
3,835
2,937
- XXX
XXX
Ctywide Street Vegetation Mana ement
Adaptive Traffic Controls atemPhaseN 1st Ave S)
-
-
-
89
450
661
I50
_
150
150
900
750
900
661
Total Projects
Unfunded Needs
Project Impact on M&O Costs
$ 51,015
$ 120
$ 23,385
1 $ 53
$ 42,118
1 $ 80
$ 68,311
$ 38,526
1 $ 88
$ 29.408
$ 11,115
S 106
$ 41,749
$ 40,336
1 S 99
1 $ 42,I54
$ 37,661
1 $ 107
$ 31,11
$ 127,638
1 S 653
$ 127,638
S 653
59
CITY OF FEDERAL WAY 2023-24 BUDGET
Appendices
-a n e y`,i
*�
CITY OF FEDERAL WAY 2023-24 BUDGET
CITY OF FEDERAL WAY ORGANIZATION CHART AND OPERATIONS SUMMARY
Municipal Court
Misdemeanors & Gross Misdemeanors
Traffic & Non -traffic Infractions
Probation Services
Civil Impounds
Code Compliance
21 Actual/22 Projected FIE- 16.00/16.00
23/24 Proposed FIE- 16.00/16.00
Community Development
* Land Use Management
--Permit process
* Building Permits & Inspection
* Code Compliance
* Health & Human Services
* Comm. Dev. Block Grin
* Neighborhood Development
* Passport Services
21 Actual/22 Projected FIE- 26.88/28.80
23/24 Proposed FIE- 28.80/28.80
Economic Development
Business Recruitment
21 Actual/22 Projected FIE- 2.00/2.00
23/24 ProposedFIE- 2.00/2.00
CITIZENS OF FEDERAL WAY
MAYOR'S OFFICE
* City-wide Operations and Budget Administration
* Regional Affairs Coordination
* Emergency Management
*Human Resources
*City Clerk
21 Actual/22 Projected FIE- 12.84/12.34
23/24 Proposed FIE- 14.84/14.84
Finance
* Accounts Payable
* Accounts Receivable
* Audit Preparation and Coordination
* Banking and Investments
* Budget Process and Reporting
* Business License
* Financial Planning andAnalysis
* Financial Reporting
* General Accounting
* Internal Controls
* Payroll
* Purchasing
21 Actual/22 Projected F1E- 10.00/9.00
23/24 Proposed FIE- 9.00/9.00
Law
* Civil Legal Services
and Litigation
* Legislative Support
* Prosecution
* Provide Legal Counsel
* Draft Contracts
and Ordinances
* Negotiate Contracts
and Real Estate
Transactions
* Risk Management
21 Actual/22 Projected FIE- 13.50/13.50
23/24 Proposed FIE- 13.50/13.50
Crime Analysis/Prevention
Traffic Safety Educ. & Enfrc.
Investigation
Patrol
Community Safety and
Education Programs
Field Operation
Support Services
Animal Control Services
Civilian Operation
City Council
* Represents the People of FW
* Adopt Ordinances and Resolutions
* Grant Franchises
* Levy Taxes and Appropriate Funds
* Establish Policies & Guidelines
21 Actual/22 Projected FIE- 4.20/4.20
23/24 Proposed FIE- 4.20/4.20
Public Works
* Development Services
--Permitting
--Inspection
* Maint., Operating, &
Development of
--Public Right -of -Way
--Traffic Systems
--Surface Water Mgmt.
* Solid Waste/Recycling
* Fleet Management
l Actual/22 Projected FIE- 186.00/186.00 21 Actual/22 Projected FIE- 65.00/65.00
3/24 Proposed FIE- 186.00/186.00 1 23/24 Proposed FIE- 70.00/70.00
Parks, Recreation & Cultural Services
* Recr & Athletic Progs
* Park maint/operation
& Development
* Comm Events & Arts
* Public Facility Mgt
& Development
* Open Space Mgmt
* Performing Arts and Event Center
21 Actual/22 Projected FIE- 39.96/39.26
23/24 Proposed FIE- 41.26/41.26
Information Technology
* Technology Operations
-- Customer Support
-- Infrastructure Support
-- Data and System Security
-- Communications
-- Technology Refresh
* Business Application and Integrations
* Geographic Information System Mapping
* Audio/Video & Channel 21
* Web/Internet
* Safe City
21 Actual/22 Projected FIE- 10.00/10.00
23/24 Proposed FIE- 10.00/10.00
61
CITY OF FEDERAL WAY 2023-24 BUDGET
Puget
Sound
Fsu
CITY MAP
� .: A1,131ith 7t
fir#
Qos
Moines,
s�??nl
Y+}i
1
Ab
xasrvl at,'
FederalOM
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554V �51h
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-
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us SW 344!dl 51 e � Vl `
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Milton
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LAk4
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i SI'
167a
Key io Facilliles:
Llty Faaluuas
ivtty Parks
O Flahats P42h,9 Park
Panlhet Lnk-9 Park
4 Brooklake Commuonlly Conker
0 Adelaide Pork
$ Frehth Lake Park
Saoafawea PmHr
a Cily Nall
ID Alderbrook Park
40 H0FR0g0 Woods Park
ID Saghalie Park
Q dum0¢ Ray ir,en7rp
ID Adclardala Park
ig Hyleho# Blueberry Farm 1b Stool Lake Park
O Frderal Way Communlly Center & BPA Trall
ID Lake Grove Park
ID SW 2121h SPartn Courts
Q S14pg1 LoKe Arinpx
(D Coder Grpwe Park
49 Lakb Kik�arnisy Park
0 Town ,"square Park
Cvle6relian Pork
ilb Lakota Pork
0 Wodgwood Paik
Corono4o Park
lb Laurnlwoor, Park
0 Wnmt Campuc Troll
W 1}a11ah P'Plnl Highlands Park
Q Madrn„o Park
CD West Hylahos Wmilends Park
& Pum0s Roy COFJITM Pork
0 Mlrrcr Lake Park
lb Wlldwood Park
CD Durnpi RPk $ancluary Pork
0 Olyrnpm Vigw Prrrk
IS Mnrp Park
It English Gardons Park
It Palmndas Park
The City is located in southwestern King County, 25 miles south of downtown Seattle, 8 miles north of downtown Tacoma, and
has 8 miles of Puget Sound waterfront. Federal Way has easy access to Sea-Tac International Airport (12 miles) and the Ports of
Seattle and Tacoma, connected to primary transportation routes at three exits along Interstate 5, as well as access points to State
Highways 18, 509, 161 and Pacific Highway/State Route 99.
62
CITY OF FEDERAL WAY 2023-24 BUDGET
BUDGET PROCESS
Procedures for Adopting the Original Budget - The City's budget process and the time limits under which the biennial
budget must be prepared are defined by the Revised Code of Washington (RCW) 35A.34. These elements, with which
the City continues to comply, resulted in the following general work plan and calendar for 2022:
During 2022
Jan
I Feb
I Mar I Apr
May
Jun
Jul
I Aug
Sep
Oct
Nov
Dec
Revenue forecasting Jan. 1 Finance
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Internal Dept Reviews Quarterly All Depts
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Council Financial Reports Monthly Finance
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Strategic Planning Feb. 26 City Council ,
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2021 roll-fwd appropriation Apr_6 Finance
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Senior Staff Budget Kickoff Jul. 1 Finance
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2022 MidYear Report Jul. 20 Finance
2022 Course Corrections Jul. 20 Finance
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Dept HR/PR Staffing Review Jul. -Aug All Depts
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Policy/Project identification Aug -Oct All Depts
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Revenue forecast final Aug_ 1 Finance
Mayor's Budget Sep_ 1 All Depts
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County Assessed Value Sep. 25 Co. Assessor;
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Set dates for Nov. Hearings Oct. 5 Finance
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City -Council----Study--Sessions-----Oct. -5,7,12,-14--All Hands -
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Ad Valorem Rate Hearing Nov. 1 Finance
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Budget Hearings --------------- Nov.1,15-----Finance----- -----------�-----t----
Budget --- -
adoption Dec. Finance I---
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Key Deadlines
Key Council Meeting Dates:
9/2S/21
9/30/21
9/20/22
9/26/22
9/29/22
10/4/22
10/18/22
10/18/22
11/1/22
11/1/22
11/15/22
Property tax valuations from County, preliminary proposed tax rate
Preliminary Budget filed with City Clerk, post on City website
Presentations to City Council Study Session
Presentations to City Council Study Session
Presentations to City Council Study Session
Presentations to City Council Study Session
Public Hearing and Ordinances on Ad Valorem Tax Rate
1st Budget Public Hearing
2nd Budget Public hearing
Council passes Budget Ordinances adopting Budget and tax rate
Budget adoption, and last month of actuals for audit prep
Mid -Biennium Review and Modification - The biennial budget statute referenced above requires jurisdictions electing a
biennium budget to perform a mid -biennium review and modification of the adopted budget per RCW 35.34.130. The review
and modification shall occur no sooner than eight months after the start nor later than conclusion of the first year of the fiscal
biennium.
Amending the Budget — As described in the Budget Ordinance, the City Council may increase or decrease the
appropriation for a particular fund by ordinance approved by a simple majority. The Mayor is authorized to transfer budgeted
amounts between departments within any fund. The Department Directors are authorized to transfer budgeted amounts
between accounts within a department.
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CITY OF FEDERAL WAY 2023-24 BUDGET
BUDGET POLICIES
OPERATING BUDGET
A. OVERALL
The budget is a performance, financing and spending plan incorporating recommendations
from Department Directors, proposed by the Mayor, and approved by City Council. It
contains information and data regarding expected revenues, expected expenditures and
expected performance.
The Finance Department prepares and annually refines written policies and goals to guide
the preparation of performance, financing and spending plans for the budget. Adopted
budgets will comply with the Council -adopted budget policies and priorities.
A comprehensive business plan, the budget should provide the following critical elements:
public policies, financial plan, operations guide, and communications device.
4. The City's budget presentation should display the City's service delivery/performance plan
in a Council/constituent-friendly format and will use a program -budgeting format to convey
the policies for and purposes of City operations. The Finance Department will make
available the line -item format materials on request.
Decision making for capital improvements will be coordinated with the operating budget to
prioritize the City's limited resources for operating and maintaining facilities in conjunction
with annual service delivery.
Under the Mayor's direction, Department Directors have primary responsibility for: a)
formulating budget proposals in line with Mayor and City Council priority direction, and b)
implementing those proposals once they are approved.
B. FISCAL INTEGRITY
1. The City will maintain the fiscal integrity of its operating, debt service, and capital
improvement budgets which provide services and maintain certain public facilities, streets
and utilities. It is the City Council's intent to maximize the level of public goods and services
while minimizing the level of debt.
2. The City Council will adopt a balanced budget for all funds. Balanced budget for operating
funds means ongoing operating program costs do not exceed the amount of ongoing
revenues to finance those costs. The ongoing revenue will be identified along with new
program costs including impact from new capital projects. Any available carryover balance
will only be used to offset one-time or non -recurring costs. Balanced budget for non -
operating funds means total resources equal to or exceed total uses.
3. Fund balances in excess of the amount required to maintain reserve policy will be used to
fund one-time or non -recurring costs.
4. Infrastructure funded by restricted revenues shall be only for the projects or purpose for
which they were intended.
C. FUND RESERVES
The City shall maintain an operating cash flow reserve of $9 million or 17 % of operating
expenditures in the General Fund. The purpose of operating cash flow reserve is to maintain
a minimum of two month's operating expenditure in reserve to manage the fluctuation in tax
receipts, grant revenues, and general cash flow management.
The City shall maintain a Strategic Reserve Fund in order to accommodate unexpected
operational changes, legislative impacts, or other economic events affecting the City's
64
CITY OF FEDERAL WAY 2023-24 BUDGET
operations which could not have been reasonably anticipated at the time the budget was
prepared. Funding shall be $3 million.
3. The City shall maintain a minimum of $1.125 million in the Parks Reserve Fund for the
equipment, turf, and other major needs of the City's Park System.
4. The City will maintain a minimum emergency reserve fund for snow and ice removal of $0.5
million in Street Fund.
5. The City will maintain a minimum emergency reserve fund of $0.1 million in Arterial Street
Fund for unexpected natural disaster to restore roads to original condition.
6. The City will maintain a minimum cash flow reserve with the Utility Tax Fund in amount
equal to $2.5 million ($1.0 million Proposition 1 and $1.5 million Utility tax).
7. The City will maintain a one-year revenue reserve in the fund and may be spent down
ONLY upon the Council' s approval.
8. The City will maintain a minimum $0.2 million reserve in the Hotel/Motel Lodging Tax Fund.
9. The City shall maintain a minimum $1.5 million reserve in the Community Center Fund for
general capital and equipment needs.
10. The City shall maintain a minimum of $1.2 million contingent reserve in Traffic Safety Fund.
11. The City shall maintain adequate reserve in Debt Service Fund in accordance with the bond
ordinance or a minimum of one-year debt service amount.
12. The City shall maintain a reserve for the future general capital needs for the city buildings
or other capital projects in Capital Project Reserve Fund. The Finance Director may transfer
excess revenue over expenditure in the General fund to this fund for future use of the City.
13. The City shall maintain a minimum of $1.5 million in a reserve for the general capital needs
of the building and equipment in Dumas Bay Centre Fund.
14. The City will maintain a reserve in an amount of not less than 13 weeks of budgeted
expenses as recommended by our consultant in the Health Insurance Fund.
15. The City will maintain a reserve in an amount of not less than $0.25 million or annual
unemployment expenses in the Unemployment Insurance Fund.
16. The City will maintain a reserve in an amount of not less than one year's expenses from the
prior year or $0.6 million in Risk Management Fund.
17. The City shall maintain an operating reserve within the Surface Water Management Fund
in amount not less than 17% of operating expenses from the prior year. Any excess may be
transferred to the Capital Project Fund - SWM for future capital projects.
18. The City shall maintain Emergency/Contingent reserve for unexpected catastrophic events
or system failures of not less than $0.5 million in Capital Project Fund -SWM.
19. The City will maintain adequate reserves for capital replacement to replace both hardware
and software in the Information System Fund.
20. The City will maintain an adequate reserve to replace copy and mailing equipment in the
Mail and Duplication Fund.
21. The City will maintain an adequate reserve to provide for perpetual replacement of city
vehicles and other capital equipment in the Fleet and Equipment Fund.
65
CITY OF FEDERAL WAY 2023-24 BUDGET
22. The City will maintain a reserve of not less than $2.0 million for equipment, roof, and other
major upgrades to City Buildings other than Community Center, and Dumas Bay Centre.
D. REVENUES
1. Revenue estimates shall not assume any growth rate in excess of inflation. Real growth
that occurs will be recognized through budgetary adjustments only after it takes place. In
the event that revenues are less than expected, it minimizes the likelihood of severe cutback
actions which may be profoundly disruptive to the goal of providing a consistent level of
quality services.
2. Investment income earned through the City's pooled reserves shall be budgeted in
accordance with the council -approved investment policy.
E. CONTRACTUAL SERVICES
1. The City will continue to thoroughly investigate the feasibility of contracting certain public
services in accordance with Council Resolution No. 92-103.
F. MINIMIZATION OF ADMINISTRATIVE COSTS
1. An appropriate balance will be maintained between resources allocated for direct services
to the public and resources allocated to assure sound management, internal controls, and
legal compliance.
G. RETIREMENT
1. The budget shall provide for adequate funding of the City's retirement system.
H. MONTHLY REPORT
1. The budget will be produced so that it can be directly compared to the actual results of the
fiscal year and presented in a timely monthly report.
2. All budget amendments, both revenues and expenditures, will be noted in the monthly
report.
MULTI -YEAR ESTIMATES
1. With each budget, the City will update expenditure and revenue projections for the next six
years. Projections will include estimated operating costs for capital improvements that are
included in the capital budget.
2. This budget data will be presented to elected officials in a form that will facilitate budget
decisions, based on a multi -year perspective.
J. CITIZEN INVOLVEMENT
1. Citizen involvement shall be encouraged in the budget decision making process through
public hearings and study sessions.
2. Involvement shall also be facilitated through City boards, task forces and commissions,
which shall serve in advisory capacities to the Mayor and City Council.
K. FEES
1. Fees shall be phased toward covering 100% of the cost of service delivery, unless such
amount prevents an individual from obtaining an essential service. Fees or service charges
should not be established to generate money in excess of the cost of providing service.
CITY OF FEDERAL WAY 2023-24 BUDGET
Fees may be less than 100% if other factors (e.g. market forces, competitive position, etc.)
need to be recognized.
L. NONPROFIT ORGANIZATIONS
Future funding decisions regarding nonprofit organizations will be based on guidelines,
policies and priorities determined by the City Council and availability of financing based on
General Fund spending priorities.
CAPITAL BUDGET
A. FISCAL POLICIES
1. Capital project proposals should include as complete, reliable, and attainable cost estimates
as possible. Project cost estimates for the Capital Budget should be based upon a thorough
analysis of the project and are expected to be as reliable as the level of detail known about
the project. Project cost estimates for the Six -Year City Capital Improvement Plan will vary
in reliability depending on whether they are to be undertaken in the first, fifth or sixth year of
the Plan.
2. Capital proposals should include a comprehensive resource plan. This plan should include
the amount and type of resources required, and the funding and financing strategies to be
employed. The specific fund and timing should be outlined. The plan should indicate
resources needed to complete any given phase of a project in addition to the total project.
3. All proposals for the expenditure of capital funds shall be formulated and presented to
Council within the framework of a general capital budget and, except in exceptional
circumstances of an emergency nature, no consideration will be given to the commitment
of any capital funds, including reserve funds, in isolation from a general review of all capital
budget requirements.
4. Changes in project estimates for the comprehensive resource plan should be fully reported
to the City Council for review and approval.
Project proposals should indicate the project's impact on the operating budget, including,
but not limited to, long-term maintenance costs necessary to support the improvement.
At the time of contract award, each project shall include reasonable provision for
contingencies:
a. The amount set aside for contingencies shall correspond with industry standards
and shall not exceed ten (10) percent, or a percentage as otherwise determined by
the City Council of the total contract amount.
b. Project contingencies may, unless otherwise determined by the City Council, be
used only to compensate for unforeseen circumstances requiring additional funds
to complete the project within the original project scope and identified needs.
C. For budgeting purposes, project contingencies are a reasonable estimating tool. At
the time of the contract award, the project's budgeted appropriation, including
contingency, will be replaced with a new appropriation equal to the approved project
contract contingency developed in the manner described above.
The City Administration shall seek ways of ensuring that administrative costs of carrying out
the Capital Improvement Plan are kept at appropriate levels.
The Annual Capital Budget shall include only those projects which can reasonably be
accomplished in the time frame indicated. The detail sheet for each budgeted capital project
should include a projected schedule.
67
CITY OF FEDERAL WAY 2023-24 BUDGET
Capital projects which are not encumbered or completed during the fiscal year will be
rebudgeted or carried over to the next fiscal year except as reported to and subsequently
approved by the City Council. All re -budgeted capital projects should be so noted in the
Adopted Capital Budget. Similarly, multi -year projects with unencumbered or unexpended
funds will be carried over to the subsequent year(s).
10. If a proposed project will cause a direct negative impact on other publicly -owned facilities,
improvements to the other facilities will be required as part of the new project and become
a part of the new project's comprehensive costs.
11. Capital projects will not be budgeted unless there are reasonable expectations that
revenues will be available to pay for them.
B. DEBT POLICIES
1. Short-term lines of credit, tax or Revenue Anticipation Notes may be used only when the
City's ability to implement approved programs and projects is seriously hampered by
temporary cash flow shortages. No long-term debt will be used to finance ongoing
operational costs.
2. The Finance Director shall identify alternative sources of funding and shall examine the
availability of those sources in order to minimize the level of debt.
3. When possible, the City shall use special assessment, revenue, or other self-supporting
bonds instead of general obligation debt.
4. Long term general obligation debt will be incurred based upon the ability of the City to
incorporate into a balanced budget. This debt shall be limited to those capital improvements
that cannot be financed from existing revenues and with an effort to match repayment of
debt by those who benefit from the assets financed. The project should also be integrated
with the City's long term financial plan and City Improvement Plan.
5. The maturity date for any debt will not exceed the reasonable expected useful life of the
project so financed.
6. Fifty percent (50%) of the principal of any long term indebtedness should be retired over 10
years.
Current year revenues shall be set aside to pay for the subsequent year's debt service
payments to protect bondholders from revenue volatility.
The Finance Director shall encourage and maintain good relations with financial and bond
rating agencies, and will follow a policy of full and open disclosure on every financial report
and bond prospectus.
No bond proceeds will be budgeted without accompanying debt service budgeted
concurrently.
C. CAPITAL IMPROVEMENT PLAN (CIP) POLICIES
Transparency in the Capital Improvement Program is a priority.
a. The Capital Improvement Plan shall be provided to the City Council in a timely
manner to allow time for the Council members to review the proposal with
constituents before it is considered for adoption.
b. Council study sessions on the Capital Improvement Plan shall be open to the public
and advertised sufficiently in advance of the meetings to allow for the attendance
of interested citizens.
CITY OF FEDERAL WAY 2023-24 BUDGET
C. Prior to the adoption of the Capital Improvement Plan, the City Council shall hold
noticed public hearings to provide opportunities for citizens to express their opinions
on the proposed plan.
d. The City Planning Commission shall review the proposed City Improvement Plan
and provide its comments on the Plan's contents before the Council considers the
Plan for adoption.
2. All projects included in the Capital Improvement Plan shall be consistent with the City's
Comprehensive Plan. The goals and policies for services, facilities, and transportation
should be followed in the development of the City Improvement Plan. The Comprehensive
Plan service level goals should be called out in the City Improvement Plan.
3. Capital projects shall be financed to the greatest extent possible through user fees and
benefit districts when direct benefit to users results from construction of the project. Refer
to Debt Policies for further detail.
4. Projects that involve intergovernmental cooperation in planning and funding should be
established by an agreement that sets forth the basic responsibilities of the parties involved.
5. The Council will annually review and establish criteria against which capital proposals
should be measured. Included among the factors which will be considered for priority -
ranking are the following:
a. Projects which have a positive impact on the operating budget (reduced
expenditures, increased revenues);
b. Projects which are programmed in the Six -Year Operating Budget Forecast;
C. Projects which can be completed or significantly advanced during the Ten -Year
Capital Improvement Plan;
d. Projects which can be realistically accomplished during the year they are
scheduled;
e. Projects which implement previous Council -adopted reports and strategies.
.•
CITY OF FEDERAL WAY 2023-24 BUDGET
CRITERIA FOR DETERMINING PROJECT INCLUSION/PRIORITY
(In Priority Order)
1. Projects which are required by statute or by an existing agreement with another agency.
2. Projects which are essential to public health or safety.
3. Projects which are required to perpetually replace or maintain existing infrastructure.
4. Projects which are urgently needed by some other criteria than public health or safety, e.g. environmental or public
service.
5. Projects which have exhibited a high degree of public support.
6. Projects which are grant funded and whose maintenance and replacement can be reasonably assured in long-term
budgeting.
7. Projects which, if not acted upon now, would result in the irrevocable loss of an opportunity, or other major
alternative actions would have to be initiated.
8. Projects which would preserve an existing capital facility, avoiding significantly greater expenses in the future (e.g.
continuation of a ten-year cycle street maintenance program).
9. Projects which would result in significant savings to operating costs.
10. Projects which would fulfill a City commitment (evidenced by previous inclusion in the annual CIP and community
support) to provide minimal facilities in areas which are deficient according to adopted standards.
11. Projects which would provide significant benefits to the local economy and tax base.
12. Purchase of land for future projects at favorable prices prior to adjacent development.
13. Purchase of land for future City projects (land banking).
14. Projects which would provide new facilities which have minimal or no operating costs or which have operating costs
but have been designated as exceptions to the operating cost policy by previous City Council actions.
15. Projects which would be constructed in conjunction with another agency with the other agency providing for the
operating costs.
16. Projects which would generate sufficient revenue to be essentially self-supporting in their operation.
17. Projects which would make an existing facility more efficient or increase its use with minimal or no operating cost
increase.
18. Projects which would fulfill City commitment (evidenced by previous inclusion in the annual CIP and community
support) to provide greater than minimal facilities.
19. Projects which are grant funded but would require increased operating costs in the General Fund, including reserve
for eventual replacement.
20. Projects which are not grant funded and would require increased operating costs in the General Fund, and have
not been designated as exceptions to the operating cost policy by previous City Council actions.
70
CITY OF FEDERAL WAY 2023-24 BUDGET
BASIS OF ACCOUNTING AND BUDGETING
Accounting records for the City are maintained in accordance with methods prescribed by the State
Auditor under the authority of Washington State law, Chapter 43.09 R.C.W., and in compliance with
generally accepted accounting principles as set forth by the Governmental Accounting Standards
Board.
Basis of Presentation - Fund Accounting
The accounts of the City are organized on the basis of funds and account groups. Each fund is a
separate accounting entity with a self -balancing group of accounts. There are three broad fund
categories, seven generic fund types within those categories and two account groups. A purpose and
description of the fund is provided on the fund pages in the Budget by Fund section of this budget
document.
Basis of Accounting
Basis of accounting refers to when revenues, expenditures, expenses, transfers and the related assets
and liabilities are recognized and reported in the financial statements. Basis of accounting relates to
the timing of the measurements made, regardless of the measurement focus applied.
The accrual basis of accounting is used by proprietary fund types. Under this method, revenues are
recognized when earned, and expenses are recognized when incurred.
The modified accrual basis of accounting is used by governmental, expendable trust and agency
funds. Revenues and other financial resources are recognized when they become susceptible to
accrual, i.e., when the related funds become both measurable and available to finance expenditures
of the current period. To be considered "available", revenue must be collected during the current
period or soon enough thereafter to pay current liabilities.
Basis of Budgeting
The City uses the same revenue and expenditure recognition principles for budgeting as for
accounting with the exception of depreciation or amortization expenses in proprietary funds.
Balanced Budget
The state law prescribes a balanced budget where total expenditures and other uses not to exceed
total resources (current revenue plus beginning fund balance). The city's budget policy further
requires that expenditures not to exceed revenues. Therefore, a balanced budget for Federal Way
must meet both conditions.
Budgetary Fund Balances
Budgetary fund balance is the difference between current liability and current assets of a fund. This
is the amount available for appropriations during the budget period. It is different than the fund equity
or the net position reported in the entity -wide financial statements as it does not include capital assets
or long-term liabilities that are not available or due within current budget period.
Scope of Budget and Fund Descriptions
Budgets are adopted for the general, special revenue, and debt service funds on the modified accrual
basis of accounting. Certain special revenue and capital project funds, however, are budgeted on a
project -length basis. For governmental funds, there are no differences between the budgetary basis
and generally accepted accounting principles. Budgets for project/grant related special revenue funds
and capital project funds are adopted at the level of the individual project and for fiscal periods that
correspond to the lives of projects.
Legal budgetary control is established at the fund level; i.e., expenditures for a fund may not exceed
the total appropriation amount. The Mayor may authorize transfers of appropriations within a fund,
but the City Council must approve by ordinance any increase in total fund appropriations. Any
unexpended appropriations for budgeted funds lapse at the end of the year. Appropriations for other
special purpose funds that are non -operating in nature, such as capital projects, are adopted on a
"project -length" basis and, therefore, are carried forward from year to year without re -appropriation
until authorized amounts are fully expended or the designated purpose of the fund has been
accomplished.
71
CITY OF FEDERAL WAY 2023-24 BUDGET
ACCOUNTING FOR FUNDS
The individual funds within each fund type which are included in the City's budget are listed below.
General Fund - This fund is used to account for all financial resources except those required to be
accounted for in another Fund.
Special Revenue Funds - These funds are established to account for proceeds of specific revenue
sources that are either designated by policy or are legally restricted to expenditure for specified
purposes.
Street Fund
Arterial Street Fund
Utility Tax Fund
Utility Tax Proposition 1 Fund
Community Development Block Grant Fund
Paths and Trails Reserve Fund
Technology Fund
Jail Fund
Community Center Fund
Traffic Safety Fund
Solid Waste/Recycling Fund
Special Contract/Studies Fund
Hotel/Motel Lodging Tax Fund
Performing Arts & Event Center Fund
Affordable & Support. Housing Sales/Use Tax Fund
Reserve Funds — These funds are established to account for special reserves set aside to provide
the liquidity to respond to economic opportunity and future capital needs.
Strategic Reserve Fund Capital Project Reserve Fund
Parks Reserve Fund
Debt Service Fund - This fund is to account for the accumulation of resources for, and the payment
of, general long-term debt principal and interest.
Capital Project Funds - These funds account for financial resources to be used for the acquisition or
construction of major capital facilities.
Downtown Redevelopment Fund Surface Water Management Projects Fund
Municipal Facilities Fund Transportation Systems
Park Project Fund Performing Arts and Event Center Fund
Real Estate Excise Tax Fund
Enterprise Fund - This Fund is to account for operations that are normally financed and operated in
a manner similar to a private business enterprise where the intent of the governing body is that the
costs of providing goods and services to the general public on a continuing basis be financed or
recovered primarily through user charges.
Surface Water Management Fund Dumas Bay Centre Fund
Internal Service Funds - These Funds are established to account for the financing of goods and
services provided by one department of the governmental unit to other units on a cost reimbursement
basis.
Risk Management Fund
Information Systems Fund
Mail and Duplication Services Fund
Fleet and Equipment Fund
Buildings and Furnishings Fund
Health Self Insurance Fund
Unemployment Insurance Fund
72
CITY OF FEDERAL WAY 2023-24 BUDGET
EW
Distin -Y-u h eBudgct Prcsailation,
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City of Federal Way
washinaton
FOE the Biennium Beyinn in g
January- 01, 2021
046�7--� P. Armtw
ExecudRT Director
The Government Finance Officers Association of the United States and Canada (GFOA) awarded a
Distinguished Budget Presentation Award to the City of Federal Way for its biennial budget for the
biennium beginning January 1, 2021. The City has earned this award since 1990. The award
represents a significant achievement. It reflects the commitment of the governing body and staff to
meeting the highest principles in governmental budgeting. In order to receive the budget award, a
governmental unit must publish a budget document that meets program criteria as a policy document,
as an operations guide, as a financial plan, and as a communications device.
This award is valid for a period of two years only. We believe our current budget continues to conform
to program requirements, and we are submitting it to GFOA to determine its eligibility for another award.
73
CITY OF FEDERAL WAY 2023-24 BUDGET
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74
COUNCIL MEETING DATE: September 20, 2022 ITEM #:
9b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: YOUTH COMMISSION REQUIREMENTS
POLICY QUESTION: Should the City Council consider revising current Youth Commission Membership
requirements (FWRC 2.60.040)?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney City Clerk DEPT: Mayor's Office
Background: Following COVID-19 restrictions in 2020, current and ongoing recruitment for the Youth
Commission has not resulted in enough applications to effectively accomplish a work plan. While recruitment
has been ongoing, 7 voting positions and 3 alternate positions remain open. There have been requests to
reconsider the grade -level and residency requirements to include Freshman -Senior applicants, and for students
who live within the Federal Way School District boundaries; these modifications would increase the pool of
potential applicants.
The current membership requirements (most recently updated in 2014) are as follows: Persons appointed to serve
on the commission shall reside within the Federal Way city limits, and be a sophomore or junior.
Options Considered:
1. Direct staff to prepare an Ordinance to amend FWRC 2.60.040 regarding Youth
Commission eligibility requirements.
2. Do not take action, and provide direction to staff.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
CLERK A PPROVA L.
Initial/Date
PROPOSED COUNCIL MOTION: "I move to direct the City Attorney to prepare an Ordinance to amend the
grade -level and residency requirements of the Youth Commission "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
10aCOUNCIL MEETING DATE: September 20, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: BALLY'S COMPREHENSIVE PLAN AMENDMENT, REZONE AND DEVELOPMENT AGREEMENT
POLICY QUESTION: Should the city council approve a comprehensive plan amendment, rezone, and
Development Agreement for property located at 32818 1st Avenue S, parcel number 172104-9038,
commonly known as the Former Bally's site, from Office Park (OP) to Multi -Family High -Density
Residential (RM1800 one unit per 1,800 square feet).
COMMITTEE: NA MEETING DATE: NA
CATEGORY:
❑ Consent 0 Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: NATALIE KAMIENIECKI, ASSOCIATE PLANNER DEPT: COMMUNITY DEVELOPMENT
Attachments: Bally's Comprehensive Plan Amendment, Rezone and Development Agreement and Ordinance
Exhibit A Development Agreement
Exhibit B Comprehensive Plan and Zone Map
Background: Required public hearing held on August 9, 2022 and continued to September 20, 2022 per
FWRC 19.85.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:
DIRECTOR APPROVAL:
d-12-z
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (SEPTEMBER 20, 2022): "I move to forward the proposed ordinance to the
October 4, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (OCTOBER 4, 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
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
ORDINANCE NO.22-
AN ORDINANCE of the City of Federal Way, Washington, amending the
Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning
Map, changing the Comprehensive Plan designation and zoning of 6.00 acres
located at the southeast corner of 11t Avenue South and South 328th Street,
parcel number 172104-9038, from Office Park (OP) to Multi Family (RM
1800), and adopting an associated development agreement. (Amending
ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460,
04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736,
13-745, 15-796, 15-798, 18-843, 19-866 and 21-907)
WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or
"GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a
land use element and land use map, a housing element, a capital facilities plan, a utilities element,
and a transportation element and transportation system map(s); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development
regulations implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use
map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations
and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the
comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000,
November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11,
2009, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018,
October 28, 2018, April 2, 2019, and January 19, 2021; and
WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City
may consider Comprehensive Plan amendments utilizing Chapter 19.80 FWRC, Process VI; and
WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development
Ordinance No. 22- Page 1 of 20
regulations are subject to continuing review and evaluation, but the Comprehensive Plan may
generally be amended no more than one time per year; and
WHEREAS, in 2021, the City accepted requests for amendments to the text and maps of
the comprehensive plan, the comprehensive plan map, and the zoning map, including a citizen -
initiated request regarding parcel 172104-908 ("Bally's Site"), which requested that the City
amend the Bally's Site comprehensive plan designation from Office Park to Multi -Family High
Density designation, and rezone the Bally's Site from Office Park (OP) to Multi -Family (RM
1800) ("Bally's Proposal"); and
WHEREAS, on July 20, 2021, the City's SEPA Responsible Official issued a
Determination of Nonsignificance for the proposed comprehensive plan amendment and rezone of
the Bally's Site ("SEPA Determination"); and
WHEREAS, the SEPA Determination was not timely appealed; and
WHEREAS, the City's Planning Commission held public hearings regarding the Bally's
Proposal on October 6, 2021 and September 15, 2021 pursuant to FWRC 19.80.190, at the close
of which they recommended the City Council approve the comprehensive plan amendment and
rezone of the Bally's Site provided the City entered into a development agreement associated with
the comprehensive plan amendment and rezone that addressed home ownership opportunities in a
future multifamily development at the Bally's Site and
WHEREAS, under RCW 36.70B.170, local governments are authorized to enter into
development agreements with persons having ownership or control of real property within the
local government's jurisdiction; and
WHEREAS, pursuant to Chapter 19.85 FWRC, Development Agreements, the City
Council may at its discretion utilize development agreements associated with a comprehensive
Ordinance No. 22- Page 2 of 20
plan and related zoning change where the project is larger in scope and has potentially larger
impacts than normal, or where the City Council may desire to place certain restrictions on the
proposal; and
WHEREAS, a development agreement has been prepared as set forth in Exhibit A
("Development Agreement"), along with the proposed comprehensive plan amendment and
associated rezone which, among other things, addresses home ownership opportunities in a future
multifamily development at the Bally's Site; and
WHEREAS, on May 10, 2022, the City's SEPA Responsible Official issued an addendum
to the SEPA Determination to include the Development Agreement; and
WHEREAS, the City Council, through its staff and Planning Commission, received,
discussed, and considered the testimony, written comments, and material from the public, and
considered the matter at its City Council meetings on August 9, 2022 and September 20, 2022;
and
WHEREAS, the City Council desires to adopt the proposed comprehensive plan
amendment and rezone of the Bally's Property and associated Development Agreement.
NOW,` THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) The proposed amendment to the comprehensive plan and zoning designation of the
6.00 acres, parcel 172104-9038, as set forth in Exhibit B attached hereto, and the Development
Agreement, as set forth in Exhibit A attached hereto, are consistent with the Council vision for the
City of Federal Way, will allow development which is compatible with the surrounding existing
multi -family neighborhoods and surrounding multi -family zone designations, and therefore bear a
Ordinance No. 22-. Page 3 of 20
substantial relationship to public health, safety, and welfare; are in the best interest of the residents
of the City; and consistent with the requirements of RCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan. Specifically, the proposed
comprehensive plan amendment and rezone of the Bally's Property and associated Development
Agreement are consistent with the following comprehensive plan goals and policies:
Housing Policy (HP) 2 Amend development regulations to accommodate a diverse range of
housing forms that are compatible with neighborhood character and
create an effective transition between the City Center, business
areas, and residential neighborhoods.
Housing Goal (HG) 2 Involve the community in the development of new housing to a
degree that is consistent with the scale of impact on the surrounding
neighborhoods.
HP 10 Encourage community input, where appropriate, into the
development permit process by providing thorough and timely
information to the public.
HG 4 Proactively plan for and respond to trends in housing demand.
HP 16 Increase capacity and encourage greater diversity of housing types
and costs for both infill and new development through various
methods, such as inclusionary zoning, density bonuses, and transfer
of development rights, cluster housing, cottage housing, garden
housing, duplexes, and low to moderate density housing types.
Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment.
Land Use Policy (LUP) 8 Designate and zone land to provide for Federal Way's share of
Ordinance No. 22- Page 4 of 20
regionally adopted demand forecasts for residential, commercial,
and industrial uses for the next 20 years.
LUP 10 Support the continuation of a strong residential community.
LUG 4 Provide a wide range of housing types and densities commensurate
with market demand, adopted housing targets, and the community's
needs and preferences.
(b) The proposed amendments to the comprehensive plan map, as set forth in Exhibit B,
attached hereto, are compatible with adjacent land uses and will not negatively affect open space,
streams, lakes, or wetlands, or the physical environment in general. The amendments will allow
for growth and development consistent with the Plan's overall vision and with the Plan's land use
element household and job projections, and will allow reasonable use of property subject to
constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear
a substantial relationship to public health, safety, and welfare; are in the best interest of the
residents of the City; and are consistent with the requirements of RCW 36.70A, the King County
Countywide Planning Policies, and the unamended portion of the Plan as specified in Section 1(a).
(c) The proposed amendments to the zoning map, set forth in Exhibit B, attached hereto,
are consistent with the applicable provisions of the comprehensive plan and the comprehensive
plan land use map proposed to be amended in Section 2 below, bear a substantial relation to public
health, safety, and welfare, and are in the best interest of the public and the residents of the City.
(d) The proposed amendments have complied with the appropriate process under state law
and the FWRC.
(e) Additional analysis and details supporting the findings and conclusions in this section
are contained in the August 2, 2022 Staff Report prepared for the August 9, 2022 City Council
Ordinance No. 22- Page 5 of 20
Public Hearing on the Bally's Proposal.
Section 2. Comprehensive Plan, Comprehensive Plan Maps, and Zoning Map Amendments
Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,
2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021 copies of
which are on file with the Office of the City Clerk, the comprehensive plan maps, and the zoning
map are amended as set forth in Exhibit B, attached hereto.
Section 3. Development Agreement Adoption. The Development Agreement, attached as
Exhibit A, is hereby adopted.
Section 4. Amendment Authorit . The adoption of plan and map amendments in Section 3
above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to
chapter 19.80 FWRC- and chapter 19.85 FWRC.
Section 5. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as
thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005,2007, 2009, 2010, 2011, 2013, 2015,
2018, 2019, 2021, shall remain in full force and effect until these amendments become operative
upon the effective date of this ordinance.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
Ordinance No. 22- Page 6 of 20
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 9. Effective Date. This ordinance shall take effect and be in force five (5) days after
passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 22- Page 7 of 20
Exhibit A
DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this day of , 2022 (the
"Effective Date") by and between FIRST AVENUE SOUTH APARTMENTS LLC, a Washington
limited liability company (the "Owner"), and the City of Federal Way, a Washington municipal
corporation ("City"). Owner and the City are each a "Party" and collectively the "Parties" to this
Agreement.
RECITALS
A. The Washington State Legislature has authorized the execution of development
agreements between a local government and an entity having ownership or control of real property
within its jurisdiction, pursuant to RCW 36.70B.170 through 36.7013.210 ("Development
Agreement Statute"). This Agreement is authorized pursuant to the Development Agreement
Statute and the Federal Way Revised Code ("FWRC" or "Code") Chapter 19.85, as established by
Ordinance 02-426.
B. Owner owns the property at 32818 1 st Avenue South in Federal Way, Washington
(King County Assessor No. 1721049038 and the "Property"), legally described on Exhibit A,
which is attached hereto and incorporated herein by reference.
C. Owner applied for a Comprehensive Plan land use designation amendment and
associated rezone of the Property from Office Park ("OP") to Multifamily Residential RM-1800
zone ("RM-1800") under City File No. 20-103733-00-UP (collectively, the "Rezone").
D. Owner has prepared a conceptual site plan development of the Property dated
, 2021 as depicted in Exhibit B ("Conceptual Plan"), which is attached hereto and
incorporated herein by reference. The Parties agree the Conceptual Plan is a conceptual guide for
the development of the Project as defined in this Agreement, but is not intended to be, nor must it
satisfy the requirements of a "Development Plan" as defined in FWRC 19.85.100.
E. Redevelopment of the Property consistent with the Conceptual Plan will be a
benefit to the City through implementation of the vision of the Comprehensive Plan by, among
other reasons, providing new market -rate housing opportunities for City residents.
F. Redevelopment of the Property also supports and implements the City's recently
adopted Housing Action Plan objectives and strategies, including Objective 1 to "promote new
market -rate... construction that expands housing choices" and Objective 2 to "encourage
homeownership opportunities and support equitable housing outcomes" by providing new market -
rate housing choices for City residents and the potential for future homeownership opportunities.
G. The City desires to enter into this Agreement to assure the development of the
Property consistent with the Conceptual Plan as a condition of the approval of the Rezone.
H. By this Agreement, the Parties intend to set forth their mutual agreement and
understandings as they relate to the development of the Property.
Ordinance No. 22- Page 8 of 20
Exhibit A
NOW THEREFORE, in consideration of the mutual benefits and agreements contained
herein, as well as other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
AGREEMENT
1. Definitions.
1.1. "City Council" means the City Council of the City of Federal Way.
1.2. "Development Regulations" means those sections of the Federal Way Revised
Code, Federal Way Zoning and Development Code, Federal Way Comprehensive Plan,
Federal Way Zoning Map, and any implementing policies, regulations, procedures or
guidelines addressing the zoning, building and site design, utilities, environmental review
(including SEPA procedures and substantive authority), transportation concurrency, and
any other elements that govern the development of real property within the City. A term
defined in the Development Regulations shall have the meaning assigned to it within the
Development Regulations, unless otherwise defined herein.
1.3. "Market -rate" means a type of housing available or offered in the open market
without public, nonprofit, or similar subsidies; provided however, nothing in this definition
shall prohibit housing purchasers from utilizing commercially available affordable housing
financing mechanisms for owner financing of individual units, if offered for sale.
1.4. "Owner" means FIRST AVENUE SOUTH APARTMENTS LLC, a Washington
limited liability company, and its successors and permitted assigns pursuant to Section 11.
1.5. "Development Director" is the Director of the Department of Community
Development.
1.6. "Townhouse" shall have the same meaning as in FWRC 19.05.200, except that it
shall expressly exclude zero lot line townhouses as defined in FWRC 19.05.040.
1.7. Each term defined within the Agreement shall have the meaning assigned to it
within the Agreement.
2. Purpose. As a condition of the City's approval of the Rezone authorized by Ordinance
this Agreement governs Owner's right to develop the Property pursuant to the RM-
1800 zoning subject to the Public Benefits and the Development Regulation modifications defined
in Section 3.
3. Project. The Owner shall develop the Property with a Townhouse community generally
consistent with the Conceptual Plan (collectively, the "Project") subject to the following
conditions:
3.1. Public Benefits. The Project shall provide the following public benefits:
Ordinance No. 22- Page 9 of 20
Exhibit A
a. Market -rate Townhouses. Development of the Property shall be limited to
a Market -rate Townhouse community. Within sixty (60) days of issuance of the
Certificate of Occupancy for the final Townhouse in the Project, the Owner shall
execute and record a Map in the form required by RCW 64.90.245 and a
Declaration in the form required by RCW 64.90.225, to create a residential
condominium community that allows each individual Townhouse to be sold as a
condominium; provided, however, nothing in this provision shall require Owner to
sell any individual Townhouse as a condominium and the Property may operate as
a "for rent" apartment community at the sole discretion of Owner.
b. Dedicate garage parking. Each Townhouse shall provide privately
accessible two (2) stall garage parking, which may be in a tandem configuration.
C. Access to open space. Open space provided by the Project shall comply
with FWRC 19.205.010 and shall provide access directly to private yards and/or
balconies from each Townhouse.
d. Amenities building. Owner shall design and construct any permanent
leasing or sales office and common amenity building in the Project to be
substantially in the same architectural style as the Project's Townhouses.
3.2. Development Regulation Modifications. The Parties agree that the Development
Regulations shall apply to the City's review of the Project; provided however; as a
component of this Agreement, the City approves the following modifications for the
Development Regulations applicable to the Project:
a. Parking. Each Townhouse shall have 2 garage parking stalls. Guest parking
shall be surface -parked and provided at a 1 stall per 6 dwelling unit ratio.
b. Minimum building separation. The minimum required separation between
structures shall be 10 feet.
4. Vesting. Except as provided in Sections 4.1 and 4.2, and as may otherwise be prohibited
by law, Owner shall be entitled to develop the Project under the Development Regulations and
land use controls in effect as of the Effective Date of this Agreement ("Vested Code Provisions"),
which shall apply for the Term of this Agreement.
4.1. Exemptions. The following are exempt from vesting under this Agreement:
a. Plan review fees, inspection fees, and other land use application fees;
b. Connection charges, general facilities charges and monthly service charges;
c. Amendments to building, plumbing, fire and other construction codes adopted
pursuant to RCW Ch. 19.27 or 19.27A;
d. Impact fees authorized by state law; and
Ordinance No. 22- Page 10 of 20
Exhibit A
e. City enactments that are adopted pursuant to state or federal mandates (such as
the City's NPDES Municipal Stormwater Permits) that preempt the City's authority
to vest regulations;
4.2. Reserved Rights. Notwithstanding any provision in this Agreement, the City
reserves authority pursuant to RCW 36.70B.170(4) to impose new or different
Development Regulations to the extent required by a serious threat to public health or
safety, as determined by the City Council after written notice and an opportunity to be
heard by Owner.
4.3. Future Agreement Modifications, Amendments, and Procedure. Modification
and/or amendment of this Agreement shall be governed by the procedures in FWRC
19.85.200—.210.
4.4. Further Discretiona Actions. Owner acknowledges that the Project requires
further discretionary review by the City. Nothing in this Agreement shall be construed to
limit the authority or obligation of the City to hold legally required public hearings for the
Project, or otherwise limit the discretion of the City in reviewing the Project as authorized
by the Development Regulations and terms of this Agreement.
5.' Agreement to Run with the Land. The benefits and obligations of this Agreement shall run
with the land and continue following the subdivision, leasing, or transfer of ownership to Owner's
successors and assigns in accordance with Section 12.
6. Term. The term of this Agreement shall be ten (10) years from the Effective Date of this
Agreement ("Expiration Date").
7. Construction of Documents. In the event there are any conflicts or ambiguities between
the terms of the body of this Agreement and the terms in any of the Exhibits, the terms of the body
of this Agreement shall control.
8. Recitals. The Recitals are incorporated herein as material terms of this Agreement.
9. Agreement Consistency with RCW 82.02.020. The Owner agrees that the improvements,
mitigation payments and dedications established by this Agreement shall be consistent with the
requirements of RCW 82.02.020 and mitigate the direct impacts that have been identified as a
consequence of the Project.
10. Recording. This Agreement shall be recorded by Owner with the King County Recorder's
Office.
11. Binding Effect; Assignability. This Agreement shall bind and inure to the benefit of the
Parties hereto and their respective successors, heirs, legatees, representatives, receivers, trustees,
successors, transferees and assigns. Owner shall have the right, in its sole discretion, to assign or
transfer its rights, in whole or in part, under this Agreement. Owner shall provide City with written
notice of any transfer or assignment at least thirty (30) days prior to the closing of any transaction.
Ordinance No. 22- Page 11 of 20
Exhibit A
12. ILi retation. This Agreement has been reviewed and revised by legal counsel for both
Parties, and no presumption or rule construing ambiguity against the drafter of the document shall
apply to the interpretation or enforcement of this Agreement. Nothing herein shall be construed
as a waiver of the City's constitutional and statutory powers. Nothing herein shall be construed or
implied that the City is contracting away its constitutional and statutory powers, except as
otherwise authorized by law.
13. Authority. Each signatory to this Agreement represents and warrants that he or she has full
power and authority to execute and deliver this Agreement on behalf of the Party for which he or
she is signing, and that he or she will defend and hold harmless the other Parties and signatories
from any claim that he or she was not fully authorized to execute this Agreement on behalf of the
person or entity for whom he or she signed. Upon proper execution and delivery, this Agreement
will have been duly entered into by the Parties, will constitute as against each Party a valid, legal
and binding obligation that shall run with the land, and will be enforceable against each Party in
accordance with the terms herein.
14. Delays. If either Party is delayed in the performance of its obligations in this Agreement
due to Force Maj eure, then performance of such obligation shall be excused for the period of delay.
Force Majeure means extraordinary natural events or conditions such as war, riot, labor disputes,
pandemic (including but not limited to COVID-19 or its variants) or other similar causes beyond
the reasonable control of the obligated party.
15. Notices. All notices, requests, demands, and other communications called for or
contemplated by this Agreement shall be in writing, and shall be duly given by mailing the same
by certified mail, return receipt requested; or by delivering the same by hand, to the following
addresses, or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
Owner: FIRST AVENUE SOUTH APARTMENTS LLC
C/O Weidner Apartment Homes
Attn: Kevin Colard
9757 NE Juanita Drive, Suite 300
Kirkland, WA 98034
Email: kevin@weidner.com
And to its Attorney: McCullough Hill Leary, P.S.
Attn: Ian Morrison
701 5th Avenue, Suite 6600
Seattle, WA 98104
Phone: 206-812-3380
Email: imorrisonomhseattle.com
City of Federal Way: Community Development Director
Attn: Brian Davis
33325 8th Ave South
Federal Way, WA 98003
Ordinance No. 22- Page 12 of 20
Exhibit A
Phone: 253-835-2612
Email: Brian.Dayis�u7cityoffederalway.com
And to its Attorney: City Attorney's Office
Attn: Kent van Alstyne
33325 8th Ave South
Federal Way, WA 98003
Phone: 253-835-2562
Email: Kent.VanAlstyneg?a cityoffederalway.com
16. Dispute Resolution. It is the Parties' intent to work cooperatively and to resolve disputes
in an efficient and cost-effective manner. All disputes arising out of or relating to this Agreement
shall be resolved as follows:
16.1. Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within
ten (10) days after a Party's request for such a meeting. The City shall send the Community
Development Director, or a designee with information relating to the dispute, and Owner
shall send an owner's representative or person with technical information or expertise
related to the dispute.
16.2. Mediation. If the Parties cannot resolve the issue within ten (10) days then they
shall mediate the matter using a mediator from Judicial Dispute Resolution, LLC or if that
entity fails or declines to serve, such other similar service or organization as agreed by the
parties, or as appointed by the court if the parties cannot agree (collectively "JDR"), within
seven (7) days of their failure to agree pursuant to Section 16. L The Parties shall evenly
split any fees charged by JDR, regardless of the outcome of the mediation. Each party shall
bear its own attorneys' fees in connection with the mediation. If the Parties have still not
resolved the matter following the mediation, then and only then shall judicial action be
permitted.
17. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. To the extent permitted, venue for any
judicial action arising out of or relating to this Agreement shall lie in King County Superior Court.
18. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms and
provisions of this Agreement are material.
19. Attorneys' Fees. In any judicial action to enforce or determine a party's rights under this
Agreement, the prevailing party (or the substantially prevailing party, if no one party prevails
entirely) shall be entitled to reasonable attorneys' fees, expert witness fees, and costs, including
fees and costs incurred in the appeal of any ruling of a lower court.
Ordinance No. 22- Page 13 of 20
Exhibit A
20. No Third -Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the parties hereto and their successors and assigns. No other person shall
have any right of action based upon any provision of this Agreement.
21. Severability. This Agreement does not violate any federal or state statute, rule, regulation
or common law known; but any provision which is found to be invalid or in violation of any statute,
rule, regulation or common law shall be considered null and void, with the remaining provisions
remaining viable and in effect.
22. Cooperation in Execution of Documents. The Parties agree to properly and promptly
execute and deliver any and all additional documents that may be necessary to render this
Agreement practically effective. This Paragraph shall not require the execution of any document
that expands, alters or in any way changes the terms of this Agreement.
23. Exhibits. This Agreement includes the following exhibits which are incorporated by
reference herein:
Exhibit A — Legal Description of Property
Exhibit B — Conceptual Plan
24. Full Understanding. The Parties each acknowledge, represent and agree that they have
read this Agreement; that they fully understand the terms thereof; that they have had the
opportunity to be fully advised by their legal counsel and any other advisors with respect thereto;
and that they are executing this Agreement after sufficient review and understanding of its
contents.
25. No Joint Venture. This Agreement is not intended to and nothing in this Agreement shall
create any partnership, joint venture or other arrangement between the Parties.
26. Final and Complete Agreement. This Agreement is integrated and constitutes the final and
complete expression of the Parties on all subjects relating to the development of the Property. This
Agreement supersedes and replaces all prior agreements, discussions and representations on all
subjects discussed herein, without limitation. No Party is entering into this Agreement in reliance
on any oral or written promises, inducements, representations, understandings, interpretations or
agreements other than those contained in this Agreement and the exhibits hereto.
[SIGNATURE PAGE FOLLOWS]
Ordinance No. 22- Page 14 of 20
Frhihir A
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
FIRST AVENUE SOUTH APARTMENTS LLC,
a Washington limited liability company
By:
Name:
Its:
CITY OF FEDERAL WAY,
a Washington municipal code city
By:
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
Jim Terrell, Mayor
Ordinance No. 2- Page 15 nf20
Exhibit A
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day personally appeared before me to me known to be the
of First Avenue South Apartments LLC 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_
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
Ordinance No. 22- Page 16 of 20
Exhibit A
EXHIBIT A
LEGAL DESCRIPTION
Lot 1 of the revised King County Short Plat 1075046, Recording #7706100878.
Ordinance No. 22- Page 17 of 20
Exhibit A
EXHIBIT B
CONCEPTUAL PLAN
Ordinance No. 22- Page 18 of 20
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