10-18-2022 Council Packet - RegularCITY OF
deral Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
City Hall — Council Chambers*
*remote attendance option available via zoom
October 18, 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 Community Events — Mayors Day of Concern Food Drive (10/8); Federal Way
Performing Arts Foundation Annual Gala Dinner and Broadway Show — (10/15)
• Upcoming Community Event: MSC Helps Luncheon — Thursday, October 20 at 11:30
a.m. at the Performing Arts and Event Center; Tricks & Treats at the Federal
Way Community Center — Saturday, October 29 at 3:00 p.m.
4. PUBLIC COMMENT
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. Recognition of Arts Alive Winners — Arts Commission
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
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...
• Land Use/Transportation Committee (LUTC)
• 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 29, 2022 Special Meeting; October 4, 2022 Regular and Special
Meetings
b. Resolution: 2023-2025 Solid Waste and Recycling Grant Approvals
c. Award 2023 Right -of -Way Landscaping Services Contract
d. Interlocal Agreement Amendment between City of Federal Way and Federal Way
Public Schools for School Resources Officer
e. Jail Services Contract — King County Jail
f. Jail Services Contract — Issaquah City Jail
8. PUBLIC HEARING
a. Revenue Public Hearing — 2023 Property Tax Rate (as required by RCW 84.55.120)
Staff Report: Steve Groom, Finance Director
Public Comment — 3 minutes each
b. Preliminary 2023-2024 Biennial Budget Hearing (as required by RCW 35A.34.090)
• Staff Report: Steve Groom, Finance Director
• Public Comment — 3 minutes each
9. COUNCIL BUSINESS
a. Approval of Corliss Litigation Settlement
• Staff Report: Kent van Alstyne, Assistant City Attorney
b. Modifying the City's Regulation of Shopping Carts
Staff Report: Kent van Alstyne, Assistant City Attorney
10. ORDINANCES
Second Reading/Enactment
a. Council Bill #829/ Amending Eligibility for Youth Commission
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE YOUTH COMMISSION; AMENDING FEDERAL WAY REVISED CODE 2.6.040
(AMENDING ORDINANCE NOS. 92-139, 92-157, 96-282, AND 14-774).
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.
b. Council Bill #830/Establishing an Urban Forestry Fund
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
THE ESTABLISHMENT OF AN URBAN FORESTRY FUND; ADDING A NEW SECTION
TO CHAPTER 3.50 FWRC.
11. COUNCIL REPORTS
12. EXECUTIVE SESSION
• Collective Bargaining pursuant to RCW 42.30.140(4)(b)
• Pending 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.
COUNCIL MEETING DATE: October 18, 2022 ITEMy#
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the September 29 and October 4,
2022 Study Session/Budget Workshops and the October 4, 2022 Regular Meeting?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtne , CityClerk DEPT: May- Office
Attachments:
September 29, 2022 Study Session/Budget Workshop Draft Minutes
October 4, 2022 Study Session/Budget Workshop Draft Minutes
October 4, 2022 Regular Meeting Draft Minutes
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
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
,*::A�Ahl' Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
City Hall — Council Chambers*
*remote attendance available via zoom
September 29, 2022 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:02 p.m.
10444pT
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy
Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton,
Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey.
City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call
(virtually), and Deputy City Clerk Jennifer Marshall.
2. PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
3. 2023-2024 BIENNIAL BUDGET WORKSHOP — DEPARTMENT PRESENTATIONS
a. Federal Way Police Department
Chief of Police Andy Hwang introduced his command staff and presented information
on department accomplishments; he highlighted both funded and unfunded new
program requests for the department. He answered various questions from Council and
expressed appreciation for the ongoing support of the Police Department.
b. Public Works Department
Public Works Director EJ Walsh provided a department overview and presented
information on the four main funds utilized in the department: Streets, Solid Waste and
Recycling, and Fleet and Equipment Maintenance Fund for Non -Police. He thanked
Public Works staff who were awarded a record -setting dollar amount of grants during
the 2021-2022 grant cycle and provided detailed information on key items in this
proposed budget.
c. Debt: Operations Shop and Capital Planning
Public Works Director EJ Walsh overviewed the timeline and financial plan for the
Capital Planning of the Joint Use Operations Facility.
Federal Way City Council Special Minutes - Budget Page 1 of 2
September 29, 2022
Finance Director Steve Groom provided information on the City's debt capacity and
current debt status noting the City is in good standing. He explained the current
practices for replacement and maintenance of long-lived assets and depreciated items,
highlighting an infrastructure financing plan.
Both Director Groom and Walsh responded to various questions from the Council and
acknowledged items that will be adjusted prior to the upcoming special meeting on
Tuesday, October 4.
d. Council Questions/Discussion
4. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 7:13 p.m.
Attest:
Jennifer Marshall
Deputy City Clerk
Approved by Council
Federal Way City Council Special Minutes - Budget Page 2 of 2
September 29, 2022
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
City Hall — Council Chambers*
*remote attendance available via zoom
October 4, 2022 — 5:00 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:02 p.m.
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor
Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton,
Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey.
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. 2023-2024 BIENNIAL BUDGET WORKSHOP
a. City Council Budget Deliberations
Finance Director Steve Groom presented the proposed adjustments to the Mayor's
budget based on previous feedback from Council.
Council raised numerous questions regarding the proposed costs for the shopping cart
mediation program; senior resource guide printing, Sister City planning; and the Joint
Maintenance and Operations Facility.
Staff provided responses to the questions asked. Mayor Ferrell supported the
suggestion to allocate funds to the Sister City outreach; he recommended the formation
of an Ad -Hoc Committee which would also include the Chamber.
It was suggested the shopping cart program would require more funds in the first year,
than the years following due to start-up costs for the program; perhaps a portion of the
second -year funds could be moved to fund a Sister City program.
Finance Director Groom captured the Council feedback and will incorporate
adjustments into the information presented at the next meeting.
Federal Way City Council Special Minutes - Budget Page 1 of 2
October 4, 2022
4. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 5:33 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes - Budget Page 2 of 2
October 4, 2022
1.
2.
3.
4.
CITY OF
,t Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers*
*remote attendance option available via zoom
October 4, 2022 — 6:30 p.m.
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:31 p.m.
1211
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor
Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton,
Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey.
City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City
Clerk Stephanie Courtney.
PLEDGE OF ALLEGIANCE
Mayor Ferrell led the flag salute.
MAYOR'S EMERGING ISSUES AND REPORT
Recent Community Events: Mayor Ferrell reported on the Taste of Federal Way on September
24; he enjoyed all the great food and community who attended the event at the Market. He also
reported on the Chamber Prosperity Breakfast on September 29; he thanked Chamber CEO
Rebecca Martin for the event, which was held at the PAEC.
Upcoming Events: Mayor Ferrell announced there was a new date for the Mayor's Day of
Concern Food Drive; it will be held on Saturday, October 8 at the Twin Lakes Fred Meyers. He
further noted Waste Management will be picking up collections as they have done for many
years. All food collected will go to support those in the community who are in need.
Broadband/Internet Study Town Hall Meetings: Mayor Ferrell provided information on two open
houses scheduled in -person at City Hall and via Zoom on October 11 and October 13. He
further encouraged the community to participate in the Broadband Internet Survey which can
be found on the city's website.
PUBLIC COMMENT
Cindy Ducich shared about a grant the Mirror/ Sound Publishing was hoping to implement, with
matching ARPA donations, for small businesses to aid with economic growth in the community.
Federal Way City Council Regular Minutes Pagel of 6
October 4, 2022
Sabrina Ettin er shared a newspaper heading from June referencing inclusivity. She
questioned the legal validity for not including a menorah as part of the City's holiday
celebrations, and referenced cities who have added a menorah to their holiday celebrations.
Ann Michelle Hart spoke on behalf of the Public Market, sharing about some of the needs that
the market currently has as well as how they are applying for various grant programs.
Ken Blevens shared about a conversation he had with a Metro bus driver in Federal Way; he
shared his support for a revised shopping cart ordinance. He expressed his frustration with
Seattle and King County decisions that have negative effects on this community.
Geoffrey Tancredi urged Council to re -develop and revitalize the Pacific Highway South area;
sharing a historical synopsis of Highway 99 (Pacific Highway). He envisions the area as an
economic hub or international district.
Lana Bostic supports the rezone of the former Bally's property and inquired about shopping
carts that were purposely lined along South 320th Street. She voiced concerns over a mailing
she received from Stand -Up Federal Way, which used pictures of homeless individuals; she
questioned if permission was given by the folks featured in the mailings.
Tirzah Idahosa voiced concerns about the amount of time it is taking to allocate ARPA funds
and shared her thoughts on where the funds should be dispersed. She urged the elected
officials provide information to the community and ensure any disbursement is equitable and
diverse.
5. PRESENTATIONS
a. Proclamation: Domestic Violence Awareness Month — October 2022
Deputy Mayor Honda read and presented the proclamation to Janet Chance, a Domestic
Violence Crime Victims Advocate. She spoke to Ms. Chance's leadership in the city and the
region. Ms. Chance thanked the Mayor and Council noting domestic violence is a serious
crime that happens behind closed doors. She stated they continue to partner with the
Federal Way School District to educate our children about domestic violence and dating
relationships.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS):
Councilmember Walsh reported the next meeting will include a discussion regarding a
proposed shopping cart ordinance.
Land Use/Transportation Committee (LUTC): Councilmember Dovey reported on the
Committee noting they are closely tracking the airport expansion project (beginning in 2023)
and will make sure Federal Way residents are represented regarding any additional activity
in the area.
Finance, Economic Development, Regional Affairs Committee: Councilmember Tran
reported the meeting was held September 27 and forwarded items b-g on the Consent
Agenda for final Council approval. He noted the August Committee meeting was canceled
and as such there are two months of vouchers and financial reports to approve on this
agenda. The next meeting will be October 27 in Chambers.
Federal Way City Council Regular Minutes Page 2 of 6
October 4, 2022
Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson did not have
an LTAC report. She provided information on the WRIA-9 Watershed Resource Inventory
Area and two Federal Way projects that aid Salmon recovery work in the area.
Deputy Mayor & Regional Committees Report: Deputy Mayor Honda reported on the
AWC Large Committee meeting held last week; City Action days are coming up. She
reported on the Broadband Task -Force and the city survey which is posted on the website
with hard copies are available at City Hall. She congratulated the Bonsai Garden on their
33rd Anniversary and shared her experience and concerns of touring the Sound Transit
OMF facility in Bellevue. She encouraged Council to sign up for Boards and Commission
through SCA.
Council President Report: Council President Kochmar commented on the tax notification
sent by the County with assessments showing an increase. She explained the city's
limitation to collecting no more than 1 %. She also encouraged everyone to give to the food
drive either in -person or through curbside pick-up with Waste Management.
7. CONSENT AGENDA
a. Minutes: September 20,2022 Regular and Special Meetings; September 23, 2022
Special Meeting, and September 26, 2022 Special Meeting
b. AP Vouchers 07/16/2022 — 08/15/2022 & Payroll Vouchers 07/01/2022 - 07/31/2022
c. Monthly Financial Report — July 2022
d. AP Vouchers 08/16/2022 — 09/15/2022 & Payroll Vouchers 08/01/2022 - 08/31/2022
e. Monthly Financial Report _ August 2022
f. Generator Maintenance Repair — State Contract
g. Purchase of Canon Large Format Plotters
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF ITEMS A THROUGH G ON
THE CONSENT AGENDA; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The
motion passed unanimously as follows
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
8. COUNCIL BUSINESS
a. American Rescue Plan Act (ARPA) Project Allocations
Interim City Administrator Brian Davis provided an overview of the discussions and
consensus made on a number of items presented at the Special Meeting on August 23
regarding ARPA allocations. He noted the outstanding items yet to be finalized include
Celebration Park turf, demolition of the Target building, a contingency fund, and Public
Market Study. Councilmember Assefa-Dawson requested a Conna Family recognition be
added to the list of requests.
Federal Way City Council Regular Minutes Page 3 of 6
October 4, 2022
COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE USE OF ARPA FUNDING,
ELIGIBLE FOR USE UNDER LOST REVENUE GUIDELINES, IN THE AMOUNT OF
$7,703,853 AS OUTLINED IN THE PRESENTED STAFF REPORT; SECOND BY
COUNCILMEMBER DOVEY.
Councilmember Assefa-Dawson asked for clarification on the motion. Council President
Kochmar provided clarification, referring to the discussions held at the previous Study
Session.
The motion passed unanimously as follows
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
9. ORDINANCES
First Reading
a. Council Bill #8291 Amendinq Eliqibility for Youth Commission
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO THE YOUTH COMMISSION; AMENDING FEDERAL WAY
REVISED CODE 2.6.040 (AMENDING ORDINANCE NOS. 92-139, 92-157, 96-
282, AND 14-774).
City Attorney Ryan Call noted this Ordinance was brought back at the direction of
- the -Council -at the -September 20-C- ity-Council-Meeting in an -effort to -expand- the
eligibility of the Youth Commission. This code amendment will increase the eligibility
to include students who live in the city limits as well as those those who live outside
the city, but attend a public or private school located in the city. It will also expand
the grade limitations to freshman through senior.
No public comment was received. The City Clerk read the ordinance title into the
record.
DEPUTY MAYOR HONDA MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
OCTOBER 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmember Dovey yes
Councilmember Norton
yes
b. Council Bill #8301Fstablishing an Urban Forestry Fund
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO THE ESTABLISHMENT OF AN URBAN FORESTRY FUND;
ADDING A NEW SECTION TO CHAPTER 3.50 FWRC.
Community Development Director and Interim City Administrator Brian Davis
presented this Ordinance as a housekeeping item that will create an Urban
Forestry Fund for developers to pay into if they are unable to meet code
Federal Way City Council Regular Minutes Page 4 of 6
October 4, 2022
requirements. It provides an option to replace the value of the trees in an
alternate location in the city.
Mr. Davis clarified this has never happened, and is unlikely; as the developer
would have to demonstrate why the requirement could not be met. An arborist
would determine the value of the trees projecting over a span of 2-years, to
calculate an off -set value for trees to be replanted in a replacement location.
No public comment was received. The City Clerk read the ordinance title into
the record.
COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
OCTOBER 18, 2022, COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
SECOND BY COUNCILMEMBER LYDIA. The motion passed unanimously as follows
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
Second Reading/Enactment
c. Council Bill #828/ 2021 Comp Plan Amendment and Development Aareement
for the former Bally's Property APPROVED ORDINANCE NO. 22-938
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, 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)
The City Clerk read the ordinance title into the record.
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCIL PRESIDENT KOCHMAR. The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
10. COUNCIL REPORTS
Councilmember Assefa-Dawson had no report.
Councilmember Norton noted she enjoyed volunteering at the Senior Center with her husband
and Councilmember Walsh.
Federal Way City Council Regular Minutes Page 5 of 6
October 4, 2022
Councilmember Tran had no report.
Councilmember Walsh spoke to the increased need for food donations for both the Senior
Center and MSC; he will take part in the Mayor's Day of Concern Food Drive this Saturday,
which supports the Multi -Service Center food bank.
Councilmember Dovey thanked a local resident Liz Gregory who picks up litter as she walks
her dog; he thanked all the volunteers who help to clean up the community.
Deputy Mayor Honda encouraged residents to look at the budget and come to the budget
meetings to ask questions. She acknowledged those in Florida and the East Coast who are
dealing with devastation and need help.
Council President Kochmar she supports a community litter pick up idea as suggested by
Councilmember Dovey; she encouraged the service clubs get involved. She spoke in concern
with Domestic Violence Awareness Month and how she would like more resources for young
people so they are able to recognize when it happens.
11. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 7:39 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council
Federal Way City Council Regular Minutes Page 6 of 6
October 4, 2022
we
COUNCIL MEETING DATE:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: RESOLUTION: 2023-2025 SOLID WASTE AND RECYCLING GRANT APPROVALS
POLICY QUESTION: Should the City apply for grants, enter into related interlocal agreements, and allocate the
funding for implementation of related Solid Waste and Recycling projects, per the proposed Resolution?
COMMITTEE: Land Use and Transportation MEETING DATE: October 3, 2022
CATEGORY:
91 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Rebecca Kovar, Env. Services Contract Coordinator RR" DEPT: Public Works
Attachments: 1. Staff Report
2. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approve proposed resolution and provide direction to staff.
MAYOR'S RECOM
MAYOR APPROVAL:
41
Option 1
DIRECTOR APPROVAL:
[mtiei�I]�r
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the October 18, 2022 consent
agenda for approval.
C�1►�(�1 V i r1 '� ' rn
b
nv , C mittee air �. Y*E& ❑ ittee Hoang Tran, Committee
Member Member
PROPOSED COUNCIL MOTION: "I move 4pp�oval of the proposed resolution. "
(BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 3, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
Rebecca Kovar, Environmental Services Contract Coordinator Iztzx
SUBJECT: Resolution: 2023-2025 Solid Waste and Recycling Grant Approvals
Financial impacts:
Revenues from the grants described in this memorandum would be encumbered into the 2023-24
biennium budget via the following revenue accounts:
106-0000-000-334-03-010 STATE GRANTS - DEPT OF ECOLOGY $ 130,000.00 (estimate)
106-0000-000-337-00-001 KC - HAZARDOUS WASTE MGMT. $ 79,000.00 (estimate)
106-0000-000-337-00-003 KC - WASTE REDUCTION GRANT $ 115,000.00 (estimate)
Grant revenues will be distributed within the 106 Solid Waste Special Revenue Fund to offset the costs of
eligible projects and services. This is considered one-time funding and has no significant impact to
General Fund administration.
Back round Information:
The Environmental Services Division (ES) requests City Council approval of three upcoming grants that
support solid waste and recycling projects. Combined, these three grants will provide an estimated $324,000
in revenue over the coming biennium. For over two decades, these non-competitive allocation grants have
funded an array of beneficial projects to serve the Federal Way community. The attached City Council
Resolution would approve grant applications and encumbrance of grant funds.
Discussion:
Projected Grant Amounts and Required Match: The Washington Department of Ecology's 2023-2025 Local
Solid Waste Financial Assistance Grant (LSWFA) is projected to be $130,000 with a 25% match
requirement of $43,333. King County Solid Waste Division's 2023-2024 Waste Reduction/Recycling
(WRR) grant is estimated to be $115,000 while the 2023-2024 Hazardous Waste Management Program
(HWMP) is estimated to be $79,000 (including $4,000 for ES staff support discussed below). The WRR
and HWMP grants have no match requirements, easily meeting LSWFA's 25% match. The estimated
funding from all three grants totals $320,000. This amount may vary due to economic impacts of current
events. Final allocations are also adjusted based on population allocation and level of participation by other
local governments.
Together, these grants fund waste reduction, recycling, and moderate risk waste projects that benefit Federal
Way residents and businesses. ES prepares applications and detailed project scopes and then coordinates
grant contracts and ongoing reporting with grant agencies. Grant funding programmed into the ES budget
also reimburses for staff costs and overhead for related project implementation and reporting.
Rev 6/2020
October 3, 2022
Land Use and Transportation Committee
Resolution: 2023-2025 Solid Waste and Recycling Grant Approvals
Page 2
As in prior cycles, grant amounts are estimates, and award is contingent on adoption of respective budgets
by the State Legislature for the LSWFA program, King County Council for the WRR grant, and King
County Board of Health for the HWMP funding. Related projects established by each grant's scope of work
will only be implemented after agencies have adopted respective budgets subject to finalization of grant
agreements.
LSWFA Funding May Vga: LSWFA funding is routinely allocated in two distinct cycles: Regular and
Offset. This has allowed flexibility for unspent grant funds from one jurisdiction to be re -allocated to
successful projects in other jurisdictions. Federal Way has sought and received Offset -cycle funding in the
past, so the draft Resolution anticipates procuring Offset -cycle funding as well.
Funding City Staff Support for HWMP Administration: HWMP allocates $4,000 in additional funding to
Federal Way to offset ES staff support of this County -wide program. ES staff participate in the HWMP's
Moderate Risk Waste (MRW) Collection Committee which coordinates regional MRW services and
outreach.
City Council AgprovaI Process: The attached draft Resolution serves several functions: it approves applying
for and receiving grant funds, specifies budget accounts, and outlines grant -specific projects. The draft
Resolution includes a summary table that shows anticipated grant funds, match, and related 2023-2025
projects.
Update on Solid Waste and Recycling Grant Projects: To date, during the current 2021-2023 grant cycle,
projects have resulted in approximately $125,000 in reimbursable expenditures, through ten grant
rep_ort/reimbursement-requests.-Eight additionatreques_ts will be prepared prior to close-out.JIighlights of _
current waste reduction, recycling, and moderate risk waste projects follow. These projects will continue to
be supported by grant funding in the upcoming cycle.
Recycling Collection Services: Promoting, organizing and managing targeted Recycling Collection
Services including curbside collection services and/or offsetting the fees for use of King County and
private facility recycling services.
Residential and Community Outreach: Producing and distributing educational materials to residents,
providing an array of waste reduction, recycling and composting information, plus household hazardous
waste disposal options. Grant funds support community workshops on recycling -related topics, as well
as waste prevention initiatives such as the South King Tool Library and Repair Cafes focusing on repair
of mendable items. Grants also support promotion of "product stewardship" as well as public battery
recycling drop-offs at local facilities.
Multi -Family Recycling Promotion: Supporting recycling services at multi -family residences
(including recycling signage and container labels, recycling tote bags for resident use, promotional
newsletters distributed directly to residents, and translations). Focused outreach will be provided to
allow recycling services at complexes serviced via "valet" (front door -step) refuse collection.
Business Recycling Outreach: Assisting area businesses and organizations to implement or expand
commercial recycling efforts, including provision of interior recycling containers, signage and staff
training to suit each business. ES staff provides this outreach in conjunction with hauler outreach staff.
Information is distributed to describe disposal options for difficult to manage wastes.
October 3, 2022
Land Use and Transportation Committee
Resolution: 2023-2025 Solid Waste and Recycling Grant Approvals
Page 3
Culturally Relevant Outreach: In furthering the Public Works Department's Service Equity
Initiatives, making connections with culturally -focused community organizations to foster
transcreation/translation of waste reduction practices and outreach materials with specific appeal to
diverse groups residing in Federal Way.
The attached draft Resolution outlines projects funded by the combined grants. Pending its approval by
City Council, scopes of work and formal grant applications will be prepared to meet grant agency timelines,
followed by contract execution, project implementation, and reporting/reimbursement.
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, authorizing
grant applications, acceptance of monies, and directing execution of
agreements to accept funds from various state and county sources for
establishing projects within the solid waste and recycling fund.
WHEREAS, cities are charged with providing and maintaining public projects necessary to
maintain and improve the public health, safety, and welfare; and
WHEREAS, the financial resources of cities to provide these necessary services and
improvements are limited; and
WHEREAS, various state and county sources have dedicated grant funds available to
supplement city projects, which are awarded based on population allocation and project eligibility;
and
WHEREAS, City staff pursues these funds in order to maximize the local public benefits of
these funds; and
WHEREAS, the grants identified herein will potentially net the City of Federal Way an
estimated Three Hundred Twenty -Four Thousand and No/100 Dollars ($324,000.00) during the
2023-2025 biennium; and
WHEREAS, the City commits to accountability by measuring and quantifying the results of
the funded programs.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Resolution No. 22-. Page I of 5
Section 1. Grant Applications and Agreements Authorized. For all projects identified in
Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the Mayor or his
or her designated representative is authorized and directed to submit grant applications, develop
scopes of work, and execute related agreements with the agencies identified in Column 2 of Exhibit
A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. The grant
amounts shown in Column 3 are estimated and subject to change, and agency -specific funding
variations are anticipated per this resolution. In particular, two funding agencies may also change
either basic funding levels and/or how funds are disbursed, as follows: Solid Waste Local Financial
Assistance Grant funding plus related Offset -cycle funding are subject to change per State
Legislature action, and the Hazardous Waste Management Program's instrument for distributing
funding to compensation for City support of this county -wide program is also subject to change.
Section 2. Receipts of Funds Authorized. The Mayor or his or her designee is hereby
authorized to accept the grant monies estimated in Column 3 of Exhibit A attached hereto.
Section 3. Creation of Solid Waste & Recycling Project Grant Fund Accounts Authorized.
At the time of execution of each agreement and acceptance of the grant funds specific to that
agreement, separate projects shall be established within the Solid Waste & Recycling Fund, into
which monies specific to that grant project shall be deposited.
Section 4. Mayor Shall Administer Funds. The Mayor or his or her designated representative
shall have responsibility for the administration of the grant monies received, and for the awarding of
eligible grant -funded projects to qualified vendors and contractors.
Resolution No. 22- Page 2 of 5
Section 5. Identification of Source Funds. The approximate amounts and anticipated sources
of revenue for the grant funded projects are identified in Exhibit A attached hereto.
Section b. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section S. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 9. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20
[signatures to follow]
Resolution No. 22- Page 3 of 5
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 22- Page 4 of 5
Exhibit A
CITY OF FEDERAL WAY- SOLID WASTE & RECYCLING
2023-2025 GRANT PROJECTS AND ANTICIPATED GRANT AMOUNTS
GRANT
MATCH
GRANT
GRANT/PROJECTS
SOURCE
AMOUNT
REQUIRED
TERMS
Column 1
Column 2
Column 3
Column 4
Column 5
Local Solid Waste Financial Assistance (LSWFA) Funding - Regular and
Offset -cycle
Recycling collection events
Waste reduction and recycling outreach (single-family, multi -family and
Washington Department
$130,000
$43,333*
07/to
commercial)
of Ecology (Ecology)
6/30/2/30/25
Funding for staff
Waste Reduction and Recycling Program Grant (WRR)
Recycling collection events
Waste reduction and recycling outreach (single-family, multi -family and
King County Solid
commercial)
Waste Division
$115 000*
$0
01/01/23 to
12/31/24
Funding for staff
(KCSWD)
Hazardous Waste Management Program Funding (HWMP)
Battery collection, Moderate Risk Waste Outreach
Hazardous Waste
Staff Participation in support of program administration.
Management Program in
$79,000*
$0
01/01/23 to
Funding for staff
King County
12/31 /24
TOTAL
$324,000
* The WRR and HWMP grants will provide a majority of matching funds for the Solid Waste Financial Assistance Grant.
Resolution No. 22- Page 5 of 5
COUNCIL MEETING DATE: October 18, 2022
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AWARD THE 2023 RIGHT-OF-WAY LANDSCAPE MAINTENANCE CONTRACT
7C
ITEM #:
POLICY QUESTION: Should council award the 2023 Right -of -Way Landscape Maintenance contract to the
lowest responsive, responsible, bidder?
COMMITTEE: Land Use and Transportation
MEETING DATE: October 3, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Desired S. Winkler P.E., De u Director DEPT: Public Works
. _ ............ _ P_
Attachments: 1. Staff Report
2. Bid Tabulations
Options Considered:
1. Award the Base Bid and Bid Alternate 1 of the 2023 Right -of -Way Landscape
Maintenance contract to Macmor, Inc., the lowest responsive, responsible bidder in the amount of
$196,728.97, and authorize the Mayor to execute the contract.
2. Do not award the contract and provide direction to staff.
MAYOR'S
MAYOR APPROVAL:
: Option I.
DIRECTOR APPROVAL: !.'' °I i77lblk
} Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the October 18, 2022 consent agenda for
S196, 728. 97, and authorize the Mayor to execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED - 4/2019
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE #
RESOLUTION #
Tl'W 1
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 3, 2022
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director��
Desired S. Winkler, P.E., Deputy Public Works Director
SUBJECT: Award 2023 Right -of -Way Landscape Maintenance Contract
Financial Im acts:
The cost to the City for 2023 Right-of-way Landscape Maintenance Contract was included within
the proposed 2023-2024 budget under the Public Works Street Operations Fund 101 and Solid
Waste Fund 106. In accordance with the proposed budget, this item is funded annually by $130,000
from the General Fund and $70,000 from Solid Waste franchise fees.
Back round information:
The city performs landscape maintenance of its "formal" landscaping along the majority of the
major arterials with a combination of contracted services (about 40%) and city staff (about 60%).
In addition, the city contracts out semi-monthly litter pick-up along "non -landscaped" roads
(including Dash Point Road and Hoyt Road) and weekly garbage container -servicing (select
locations).
This maintenance contract was let out to bid in late August and bids were opened on September
20, 2022. Two bids were received. One bid was rejected due to being non -responsive (failure to
bid on all items). (See attached Bid Tabulations).
Bidders were required to bid on all bid alternates and "projects" with the intention of awarding
the project's "Base Bid" along with additional alternates that fit within available funding.
Staff recommends award the "Base Bid" plus "Bid Alternate 1" to Macmor, Inc. Summary of the
total award and available funding shown below.
Macmor, Inc. has been the city's contractor for landscape maintenance of the last five (5) years
and has provided excellent level of service.
Rev 6/2019
October 3, 2022
Land Use and Transportation Committee
Award 2023 Right -of -Way Landscape Maintenance
Page 2
2023 Right -of -Way Landscape Maintenance - Costs
BASE BID — Landscape Maintenance
$ 126,989.33
BID ALTERNATE 1 — Garbage Containers and
Litter Pick -Up
$ 69,739.64
TOTAL
$ 196,728.97
2023 Right -of -Way Landscape Maintenance - Budget
Streets Operations (101 Fund) — landscape $ 130,000.00
maintenance
Solid Waste (106 Fund) —Garbage Containers $ 70,000.00
and Litter Pick -Up
TOTAL $ 200,000.00
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location ->
Bid 1 - REJECTED
Bright Horizon Lawn Care
Federal Way. WA
Bid 2
Mannar, Inc.
Month
Base Bid
Quantity
Price
Total
Price
Total
Project #1 5 288th St - I-5 to SR 99
January
2
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$56.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$715.00
$605.00
$660.00
$495.00
$550.00
$33000
$275:00
$110.00
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$76.78
$115.17
$307.12
$307.12
$499.07
$422.29
$460.68
$345.51
$383.90
$230.34
$191.95
$76.78
February
3
(March
8
April
8
may
13
.June
11
July
12
August
9
September
10
October
6
November
5
2
[December
Subtotal Project 1
$4,895.00
$3.416.71
Project #2 S 312th St - SR 99 to 1st Ave S
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$715.00
$605.00
$660.00
$605.00
$550.00
$385.00
_ _$275.00
3110.00
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$35.83
$71.66
$107.49
$286.64
$286.64
$465.79
$394.13
$429.96
$394.13
$358.30
$250.81
$179A5
$71.66
January2
February3
March
8
April
8
May
13
June
11
July
12
August
11
September
10
October
7
November
5
]December
2
:Subtotal Project 2
$5.060.00
$3.296.36
(Project #3 S 312th St - SR 99 to 28th Ave S
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$165.00
$220.00
$220.00
$220.00
$220.00
$165.00
$165.00
$165.00
$220.00
$55.00
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$38.81
$116.43
$155.24
$155.24
$155.24
$155.24
$116.43
$116.43
$116.43
$155.24
$38.81
January
1
February
1
IMarch
3
April
4
May
4
June
4
Jul
4
August
3
:September
3
October
3
November
4
(December
1
Subtotal Pro ect 3
$1.925.00
$1.358.35
Project #4 SW 320th St -11 PI S to 47 Ave S
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$495.00
$715.00
$660.00
$715.00
$550.00
$550.00
$440.00
$330.00
$110.00
$254.71
$254.71
$254.71
$254.71
$254.71
$254.71
$254.71
$264.71
$254.71
$254.71
$254.71
$254.71
$509.42
$764.13
$2,037.68
$2,292.39
$3.311.23
$3.056.52
$3.311.23
$2.647.10
$2.547.10
$2,037.68
$1,528.26
$509.42
January
2
Februa
3
March
8
April
9
May
13
.June
12
July
13
August
10
September
10
October
8
November
6
December
2
Subtotal Project 4
1
$5,280.DOI
$24.452.16
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
Vendor Name ->
Location -->
Month
#5 S 320th St - 11th PI S to
October
November
5
bar
to
#7 S 324th St- 11 PIS to 18 Ave
#8 S 336th St -1-5 to 1st Ave S
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
aru vrr-RIND uH 1 r_ aeptemoer 4U, LUZA
Bid 1 -REJECTED Bid 2
Bright Horizon Lawn care Macmor, Inc,
Federal Way, WA
Price Total Price Total
2 $55.00
$110.00
$29.11
$58.22
3 $55.00
$165.00
$29.11
$87.33
8 $55.00
$440.00
$29.11
$232.88
9 $55.00
$495.00
$29.11
$261.99
13 $55.00
$715.00
$29.11
$378.43
12 $55.00
$660.00
$29.11
$349.32
12 $55.00
$660.00
$29.11
$349.32
11 $55.00
$605.00
$29.11
$320.21
9 $55.00
$495.00
$29.11
$261.99
7 $55.00
$385.00
$29.11
$203.77
6 $55.00
$330.00
$29.11
$174.66
2 $55.00
$110.00
929.11
$58.22
$5.170.00
$2.736.34
2 $55.00
$110.00
$26.68
$53.36
3 $55.00
$165.00
$26.68
$80.04
7 $55.00
$385.00
$26.68
$186.76
8 $55.00
$440.00
$26.68
$213.44
12 $55.00
$660.00
$26.68
$320.16
11 $55.00
$605.00
$26.68
$293.48
12 $55.00
$660.00
$26.68
$320.16
11 $65.00
$605.00
$26.68
$293.48
9 $55.00
$495.00
$26.68
$240.12
7 $55.00
$385.00
$26.68
$186.76
5 $55.00
$275.00
$26.68
$133.40
2 $55-00 - - --
--126-68 - -
- - -- - $53.36
S4.895.00
$2.374.52
1 $55.00
$55.00
$42.45
$42.45
1 $55.00
$65.00
$42.45
$42.45
3 $55.00
$165.00
$42.45
$127.35
4 $55.00
$220.00
$42.45
$169.80
4 $55.00
$220.00
$42.45
$169.80
4 $55.00
$220.00
$42.45
$169.80
4 $55.00
$220.00
$42.45
$169.80
3 $55.00
$165.00
$42.45
$127.35
3 $55.00
$165.00
$42.45
$127.35
3 $55.00
$165.00
$42.45
$127.35
4 $55.00
$220.00
$42.45
$169.80
1 $55.00
$55.00
$42.45
S42.45
51,925. o-o
51.485.75
2C` $55.00
$110.00
$54.58
$109.16
$55.00
$275.00
S54.58
$272.90
10 $55.00
$550.00
$54.58
$546.80
12 $55.00
$660.00
$54.58
$664.96
16 $55.00
$880.00
$54.58
$873.28
16 $55.00
$880.00
$54.58
$873.28
16 $55.00
$880.00
$54.58
$873.28
15 $55.00
$825.00
$54.58
$818.70
13 $55.00
$715.00
$54.58
$709.54
11 $55.00
$605.00
$54.58
$600.38
er $55.00
$495.00
$64.58
$491.22
21 S55.00
S110.00
S64.58
$109.16
1
$6.985.00
$6,931.66
April
May
,June
Jul
S
iDecember
Subtotal Pro ect 8
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS 2
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location -->
Bid 1 - REJECTED
Bright Hortzon Lawn Care
Federal W , WA
Bid 2
Macmor, Inc.
Month
Quantity
Price
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
Total
$55.00
$55.00
$165.00
$220.00
$275.00
$220.00
$275.00
$165.00
$220.00
$165.00
$275,00
$55.00
Price
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
Total
$29.11
$29.11
$87.33
$116.44
$145.55
$116.44
$145.55
$87.33
$116.44
$87.33
$145.55
$29.11
(Project#9 S 342nd St (Library Lane)
January
1
February
1
March
3
April
4
May
5
.June
4
,Jul
5
August
3
September
4
October
3
November
5
December
1
.Subtotal Project 9
S2,145.00
$1.135.29
(Project #10 S 348th St - 16 Ave S to Hoyt
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$165.00
$275.00
$550.00
$660.00
$880.00
$880.00
$880.00
$715.00
$715,00
$605,00
$495.00
$165.00
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$280.40
$841.20
$1.402.00
$2,804.00
$3,364.80
$4,486.40
$4,486.40
$4,486.40
$3,645.20
$3,645.20
$3,084.40
$2,523.60
$841.20
January
3
Februa
5
March
10
April
12
May
16
.June
16
July
16
August
13
September
13
October
11
November
9
December
3
Subtotal Project 10
$5.985.00
$35.610.80
Project #11 SW 356th St - 1st Ave S to 21st SW
January
2
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$605.00
$605.00
$715.00
$605.00
$550.00
$385.00
$330.00
$110.00
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$76.78
$115.17
$307.12
$307.12
$422.29
$422.29
$499.07
$422.29
$383.90
$268.73
$230.34
$76.78
February
3
March
8
April
8
IMay
11
.June
11
July
13
August
11
September
10
October
7
November
6
December
2
Subtotal Project 11
$5.060.00
$3.531.88
(Project #12 23rd Ave S - S 316 to S 324
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$165.00
$220.00
$220.00
$220.00
$220.00
$165.00
$165.00
$165.00
$220.00
$55.001
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$87.33
$116.44
$116.44
$116.44
$116.44
$87.33
$87.33
$87.33
$116.44
$29.11
January
1
February
1
(March
3
April
4
IMay
4
June
4
Jul
4
,August
3
September
3
October
3
November
4
(December
1
Subtotal Project 12
$1.925.00
$1 018.85
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location -->
Bid 1
Bright Horizon Lawn Care
Federal Way- WA
Bid 2
Macmor. Inc.
Month
Project #13 16th Ave SlEnch P - SR 99 to S 356
Quantity
Price
$55.00
$55,00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
Total
$110.00
$220.00
$495.00
$550.00
$715.00
$715.00
$715.00
$660.00
$605.00
$495.00
$495.00
$110.00
Price
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
$30.37
Total
$60.74
$121.48
$273.33
$303.70
$394.81
$394.81
$394.81
$364.44
$334.07
$273.33
$273.33
$60.74
Janua
2
February
4
Uarch
9
April
10
May
13
June
13
July
13
August
12
Seotember
11
October
9
November
9
December
2
Subtotal Project 13
1
$5.885.001
$3.249.59
(Project #14 SR-99 - S 272 to S 283
$55.00
$55.00
$55.00
$55.00
$55.00
$55,00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$385.00
$440.00
$550.00
$770.00
$660.00
$715.00
$715.00
$605.00
$495.00
$495.00
$110.00
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$94.92
$189.84
$664.44
$759.36
$949.20
$1,328.88
$1,139.04
$1,233.96
$1,233.96
$1,044.12
$854.28
$854.28
$189.m
January
2
February
7
March
8
April
10
VMay
14
June
12
July
13
August
13
Se tember
11
,October
9
(November
9
December
2
Subtotal Project 14
$6.050.001
$10.441.20
(Project #15 SR-99 - S 283 to 18 Ave S
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$385.00
$440.00
$550.00
$770.00
$660.00
$715.00
$715.00
$605.00
$495.00
$495.00
$110.00
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$240.48
$841.68
$961.92
$1,202.40
$1,683.36
$1,442.88
$1,563.12
$1,563.12
$1,322.64
$1,082.16
$1,082.16
$240.48
.January
2
February
7
(March
8
,April
10
May
14
June
12
July
13
.August
13
September
11
October
9
(November
9
'December
2
Subtotal Project 15
$6.050.00
$13,226.40
Project #16 SR -99 18 Ave S to S 310
.January
2
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
S55.00
$110.00
$385.00
$440.00
$550.00
$770.00
$605.00
$660.00
$605.00
$605.00
$495.00
$495.00
$110.00
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$115.23
$230.46
$806.61
$921.84
$1,152.30
$1,613.22
$1,267.53
$1,382.76
$1,267.53
$1,267.53
$1,037.07
$1,037.07
$230.46
February
7
March
8
April
10
May
14
,June
11
July
12
August
11
September
11
October
9
"'v "er
9
December
2
Subtotal Project 16
$5.830.00
$12,214.38
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location ->
Bid 1 - REJECTED
Bright Hor¢on Lawn Care
Federal Wa . WA
Bid 2
Macmor, Inc.
Month
Quantity
Price
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
Total
$110.00
$385.00
$440.00
$605.00
$825.00
$715.00
$770.00
$770.00
$715.00
$605.00
$495.00
$110.00
Price
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
Total
$240.46
$841.68
$961.92
$1,322.64
$1,803.60
$1,563.12
$1,683.36
$1,683.36
$1,563.12
$1,322.64
$1,082.16
$240.48
Project #17 SR-99 S 310 to S 324
January
2
:February
7
March
8
Alpril
11
May
15
June
13
July
14
August
14
September
13
October
11
November
9
December
2
Subtotal Project 17
$6,545.00
$14.308.56
Project #18 SR-99 - S 324 to S 340
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$385.00
$440.00
$550.00
$770.00
$660.00
$825.00
$715.00
$605.00
$495.00
$495.00
$110.00
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$120.24
$240.46
$841.68
$961.92
$1,202.40
$1.683.36
$1,442.88
$1,803.60
$1,563.12
$1,322.64
$1,082.16
$1,082.16
$240.48
January
2
February
7
March
8
April
10
May
14
.June
12
July
15
August
13
September
11
October
9
November
9
December
2
Subtotal Project 16
$6.160.00
$13,466.88
(Project #19 SR-99 - S 348 to S 356
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$330.00
$330.00
$550.00
$440.00
$550.00
$440.00
$440.00
$275.00
$220.00
$55.00
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$44.29
$88.58
$265.74
$265.74
$442.90
$354.32
$442.90
$354.32
$354.32
$221.45
$177.16
$44.29
January
1
February
2
(March
6
April
6
May
10
June
8
,Jul
10
August
8
:September
8
October
5
November
4
(December
1
.Subtotal Project 19
$3,795.00
$3.056.01
(Project#20 1st Way S - S 356 to S 312
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$165.00
$275.00
$550.00
$660.00
$770.00
$880.00
$880.00
$825.00
$715.00
$605.00
$495.00
$165.00
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$118.86
$356.58
$594.30
$1,188.60
$1,426.32
$1,664.04
$1.901.76
$1,901.76
$1,782.90
$1,545.18
$1,307.46
$1,069.74
$356.58
.Janus
3
February
5
(March
10
April
12
IMay
14
.June
16
.Jul
16
.August
15
September
1 13
October
11
November
9
December
3
Subtotal Project 201;;�$6.985.001
$15.095.22
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location ->
Bid 1 - REJECTED
Bright Horizon Lawn Care
Federal Wa . WA
Bid 2
Macmor, Inc.
Month
(Project #21 21st Ave SW - SW 366 to SW 312
Quantity
Price
Total
Price
Total
January
2
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$495.00
$770.00
$660.00
$770.00
$660.00
$605.00
$440.00
$385.00
$110.00
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$300.43
$600.86
$901.29
$2,403.44
$2,703.87
$4,206.02
$3,605.16
$4,206.02
$3,605.16
$3.304.73
$2,403.44
$2.103.01
$600.86
February
3
March
6
April
9
May
14
.June
12
July
14
August
12
September
11
October
8
November
7
December
2
:Subtotal Project 21
S5.610,00
$30 643.86
(Project #22 21 st Ave S - S 320 to S 316
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55-00
$55.00
$55.00
$165.00
$220.00
$220.00
$220.00
$220.00
$165.00
$165.00
$165.00
$220.00
S55.00
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
$60.65
S60.65
$60.65
$60.65
$181.95
$242.60
$242.60
$242.60
$242.60
$181.95
$181.95
$181.95
$242.60
$60.65
.January
1
Februaa
1
March
3
April
4
May
4
.June
4
.Jul
4
August
3
:September
3
{October
3
November
4
December
1
Subtotal Project 22
$1.925.001
$2.122.75
(Project #23 S 317th St - 28 Ave S & Roundabout
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$495.00
$660.00
$605.00
$605.00
$550.00
$385.00
$385.00
$110.00
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$63.98
$95.97
$255.92
$255.92
$287.91
$383.88
$351.89
$351.89
$319.90
$223.93
$223.93
$63.98
January
2
February
3
(March
8
April
8
May
9
June
12
July
11
August
11
!September
10
October
7
INovember
7
(December
2
.Subtotal Project 23
S4.950.00
$2.879.10
Project #24 S 333rd StIS 332nd St - Roundabout to 13 PI
S
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$495.00
$605.00
$660.00
$605.00
$550.00
$550.00
$385.00
$385.00
$110.001
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$51.19
$102.38
$153.57
$409.52
$460.71
$563.09
$614.28
$563.09
$511.90
$511.90
$358.33
$358.33
$102.38
.January
2
(February
3
March
8
A ill
9
May
11
June
12
July
11
August
10
September
10
October
7
November
l 7
iDecember
2
Subtotal Project 24
$5,060,001
S4.709.48
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location -->
Bid 1 - REJECTED
Bright Horizon Lem Care
Federal Way.. WA
Bid 2
Maanor, Inc.
Month
Project #25 Roundabout - S 334th at 38th S
Quantity
Price
$55.00
$55.00
$65.00
$55.00
$55.00
$56.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
Total
$0.00
$55.00
$110.00
$110.00
$110.00
$220.00
$110.00
$165.00
$110.00
$110.00
$110.00
$0.00
Price Total
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$31.99
$0.00
$31.99
$63.98
$63.98
$63.98
$127.96
$63.98
$95.97
$63.98
$63.98
$63.98
$0.00
January
0
'February
1
(March
2
.April
2
may
2
.June
4
.Jul
2
August
3
September
2
October
2
November
2
December
0
Subtotal Proiect 25
S1,210.00
S703.78
Project #26 13 PI S I S 330th St - S 324 to SR 99
$55.00
$55.00
$55.00
$65.00
$55.00
$55.00
$66.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$495.00
$660.00
$660.00
$660.00
$550.00
$550.00
$385.00
$385.00
5110.00
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
$38.39
SM.39
$76.70
$116.17
$307.12
$345.51
$460.66
$460.68
$460.68
$383.90
$383.90
$268.73
$268.73
S76.78
Janua
2
February
3
March
8
April
9
[May
12
.June
12
July
12
August
10
September
10
October
7
November
7
December
2
Subtotal Project 26
55.170.0D
$3,608.56
Project#27Irrigation System
January
0
$85.00
$85.00
$85.00
$85.00
$85.00
$85.00
$85.00
$0.00
$0.00
$0.00
$3.230.00
$3,230.00
$3,230.00
$3,230.00
$3,230.00
$3,230.00
$3,230.00
$0.00
$0.00
$95.97
$26.70
$26.70
$26.70
$26.70
$26.70
$26.70
$0.00
$0.00
$0.00
$3,646.86
$1,014.60
$1.014.60
$1.014.60
$1,014.60
$1.014.60
$1.014.60
$0.00
$0.00
February
04
IMarch
0
April
38
May
38
.June
38
July
38
August
36
September
38
October
36
November
0
December
_ 0
Subtotal Project 27
522.610.00
$9, 734.46
Project #30 S 352nd - Pac Hwy to Enchanted P
January
2
$55.00
$55.00
$55.00
$55.00
$55.00
$65.00
$65.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$715.00
$660.00
$660.00
$605.00
$605.00
$440.00
$386.00
$110.00
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$72.76
$109.17
$291.12
$291.12
$473.07
$436.68
$436.68
$400.29
$400.29
$291.12
$254.73
$72.78
February
3
IMarch
8
April
a
M13Y
13
June
12
,Jul
12
August
11
September
11
October
8
November
7
December
2.
Subtotal Project 30
1
$5.335.00
$3.529.83
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name ->
Location ->
Bid 1 - REJECTED
Bright Horizon Lawn Care
Federal Wi
Bid 2
Manna, Inc.
Month
(Project #31 S 356th - Pac H to Enchanted Pk
Quantity
Price
Total
Price
Total
.January
2
$66.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$110.00
$165.00
$440.00
$440.00
$660.00
$660.00
$660.00
$605.00
$550.00
$385.00
$385.00
$110-00
$35.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36.39
$36-39
$72.78
$109.17
$291.12
$291.12
$436.68
$436.68
$436.68
$400.29
$363.90
$264.73
$254.73
$72,78
February
3
!March
8
April
8
May
12
.June
12
.Jul
12
August
11
:September
10
October
7
November
7
December
2
Subtotal Project 31
55,170,00
S3.420.66
Project #32 6th Ave SW - Cul-de-sac to SW 353rd - South
Side only
January
0
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$65.00
$55.00
$55.00
$55.00
$0.00
$0.00
$130.00
S330.00
4S440.00
S495.00
$440.00
$385.00
$385.00
$330,00
$165,00
$0.00
5?9.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$29.11
$0.00
$0,00
$174.66
S174.66
S232.138
$261.99
$232,58
S203.77
$203.77
5174.66
$87.33
$0.00
February
0
March
6
dl
6
May
8
June
9
July
8
August
7
September
7
October
6
November
3
December
0
Subtotal Project 30
S3,300.00
S1,746.60
Pro ect #33 10th Ave Sw I SW 330th - Cam us Or SW to
1st Ave S
January
3
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55,00
$165.00
S275,00
S550.00
$660.00
$770.00
$880.00
$880,00
$715.00
S715.00
S605 00
$495.00
$165.00
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$125.41
$376.23
$627,05
$1.254.10
$1,504.92
$1,755.74
$Z006.56
$2,006,56
$1.630,33
$1.630,33
$1.379.51
$1,128.69
$376.23
February
5
March
10
April
12
May
14
June
16
.July
16
August
13
September
13
October
11
(November
9
December
3
Subtotal Project 31
S6,875-001
S15.676.25
Project#28 Garba ge and Recydin 9 Picku p and Disposal
January
4
$55.00
$55.00
$55.00
$55.00
$55.00
$56.00
$55.00
$55.00
$55.00
$55.00
$55.00
$55.00
$220.00
$220.00
$275.00
$220.00
$275.00
$220.00
$220.00
$275.00
$220.00
$220.Oal
$275.00
$220.00
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$159.95
$639.80
$639.80
$799.75
$639.80
$799.75
$639.80
$639.80
$799.75
$639.80
$639.80
$799.75
9639,80
February
4
March
5
April
4
May
5
June
4
.Jul
4
,August
5
September
4
October
4
November
5
December
4
Subtotal Project 28
$2.860.00
$8.317.40
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
City of Federal Way
2023 ROW Landscape Maintenance
RFB No. 22-009
Bid Tabulation
BID OPENING DATE September 20, 2022
Vendor Name —>
Location -->
Bid 1 - REJECTED
Bright Horizon Lawn Care
Federal Way. WA
Bid 2
Macmor, Inc.
Month
(Pr9ject#29 Litter Pickup and Disposal
Quantity
Price Total
!!!
Price Total
.January
2 $55.00 $110.00
2• $55.00 $110.00
7, $55.00 $110.00
2' $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
2 $55.00 $110.00
$2,559.26 $5.118.52
$2,559.26 $5,118.52
$2,559.26 $5,118.52
$2.559.26 $5,118.52
$2,559.26 $5,118.52
$2,559.26 $5.118.52
$2,559.26 $5,118.52
$2,559.26 $5,118.52
$2,559.26 $5,118.52
$2,559.26 $5,118.52
$2,559.26 $5,118.52
$2,559,26 $5118.52
(February
(March
,April
IMay
June
.July
August
September
October
November
IDecember
Subtotal Project 29
1 $1.320.00
$61.422.24
EXTRA HOURS (Unit Price Per LaOor Hour) 300 NO BID REC'D 53.26 $15,978.00
A) Total Base Bid Amount: Projects #1, 2, 8, 9, 10,
11, 21, 24, 25, 26, 32, 33, plus extra hours
$58,355.00
#VALUE!
$126,989.33
Al) Total Alternate I Bid Amount: Projects #28 and
929
$4.180. DO
$69.739.64
A2) Total Alternate 2 Bid Amount: Project #20
$6,985.00
$15,095.22
.A3) Total Alternate 3 Bid Amount: Projects #4 and 6
$10,175.00
$26,826.68
.A4) Total Alternate 4 Bid Amount:_Projects 14. 15.
.And 16
$17,930.00
$35,881.98
.A5) Total Alternate 5 Bid Amount: Projects 13, 19,
.30, and 31
$20,185.00
$13,256.09
A6) Total Alternate 6 Bid Amount: Projects 3, 7, 12,
22. and 23
$12,650.00
$8,864.80
A7) Total Alternate 7 Bid Amount: Projects 5, 17,
and 18
$17,875.00
$30,511.78
.A8) Total Alternate 8 Bid Amount: Project #27
$22,610.00
$9,734.46
City of Federal Way
2023 ROW Landscape Maintenance
RFB #22-009 - BID TABS
re-1
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
::. ............. ........_ , _.,, -- .. ......
CITY OF FEDERAL WADY
CITY COUNCIL
AGENDA BILL
SUBJECT: INTERLOCAL AGREEMENT AMENDMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY
PUBLIC SCHOOLS FOR SCHOOL RESOURCE OFFICERS
POLICY QUESTION: Should the Police Department extend the existing interlocal agreement with Federal Way
Public Schools for the school resource officer program?
COMMITTEE: PRHSPSC MEETING DATE: October 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cary Murphy, Commander DEPT: Police
Attachments: 1. Staff Report
o? Amendment to extend interlocal 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:
DIRECTOR APPROVAL: Z Z7,sz
COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the October 18, 2022 Regular
Council Meeting Consent agenda for approval. "
Coinnofittek Chair
Committee Member
Committee Member
PI6POSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
(BELOW TO BE COMPLETE17 B I' CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: Interlocal agreement amendment between City of Federal Way and Federal
Way Public Schools for School Resource Officers
Miclti,,,round Inforimition:
The Federal Way Police Department has partnered with Federal Way Public Schools to
provide school resource officers since 1997. This interlocal agreement would provide
four (4) school resource officers (SRO's), one at each of the main high schools in the
District. Representing Federal Way PD and law enforcement in general, SRO's must
embrace the opportunities to positively interact with youth.
This proposed extension amendment of the existing interlocal agreement (ILA) would be
for one (1) calendar year — the 2022 to 2023 school year and would provide four (4)
officers to the schools. One officer would be assigned to each of the main high schools.
Per the ILA, the district would compensate the City calculated as the number of officers
multiplied by 73.09% of the annual cost to the City for each officer (73.09% represents
the ratio of 182 days worked under this contract to the total of 250 days worked annually
by an officer). Adjustments to this calculation may change due to labor agreements or
other required changes in officer compensation.
Rev. 7/18
4S
CITY
Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
AMENDMENT NO. 1
TO
THE CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO.210
FOR
SCHOOL RESOURCE OFFICERS
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and the Federal Way School District No. 210, ("District") The City and District (together
"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement
for School Resource Officers ("Agreement") dated effective September 1, 2021 as follows:
1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than August 31, 2023 ("Amended Term").
2. 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 - Rev. 3/2017
CITY OF
�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
18-A
Jim Ferrell, Mayor
DATE:
FEDERAL WAY PUBLIC SCHOOL DISTRICT NO. 210
By:
Printed Name:
Title:
DATE: --
STATE OF WASHINGTON )
ss.
COUNTY OF
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me to me known to be the
of that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
-2-
Rev. 3/2017
7e
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES CONTRACT — KING COUNTY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into a 2023-2024 (2 year) contract with
the King County Jail for jail services at the cost of approximately $548,000 annually?
COMMITTEE: PRHS&PSC
MEETING DATE: Oct 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police
Attachments:
1. Staff Report
2. King County Jail Contract
Options Considered:
1. Approve the execution of this contract
2. Do not approve this amendment
MAYOR'S RECOIMENDATION: 1. Approve the execution of this contract
MAYOR APPROV
lninal[Dalc
DIRECTOR APPROVAL:
:L IIiritia k
COMMIT RECOMMENDATION: I move to forward the Jail Services Contract with the Jail to
the •toher 1 , 2022, Council consent agenda for approvals rn�
ommittee Chair Committee Metu6er Committe e ber
PRO SED COUNCIL MOTION: "I move approval of the Jail Services Contract with the King County Jail and
az morize the Mayor to sign said agreement",
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract — King County Jail
Financial Impacts:
The King City Jail is one of the jail services providers we utilize to house our inmates. The
projected annual cost to utilize the King County Jail will be approximately $548,000.
BacklZround Information:
On January 1, 2020, the Federal Way Police Department moved away from a -sole source -jail
services provider and began utilizing multiple jail facilities to accommodate our j ail services
needs while also creating an overall annual savings of $2,085,672 to our jail budget. Since
the transition, the department has operated within the allocated budget in part due to the
reduction of jail services COVID pandemic
The King County Jail is one of the jail services providers we utilize to house our inmates.
The projected annual cost to utilize the King County Jail would be approximately $548,000.
This projection is made from the our most recent Average Daily Population (ADP) numbers
as well as the monetary increases due to the contract expenses being directly related to local
CPI, which is up approximately 9.0% from a year ago.
The King County Jail is not a primary booking location for our officers when housing
misdemeanor violators, however the jail does provide medical and mental health services
that some of our other jail service providers do not offer. For this reason alone, we must
continue to utilize the King County Jail for prisoner housing.
Rev. 7/18
Attachment A
Interlocal Agreement Between
King County and The City of Federal Way
for Jail Services
THIS AGREEMENT is effective as of January 1, 2023 ('Effective Date"). The Parties to this Agreement
are King County, a Washington municipal corporation and legal subdivision of the State of Washington
(the "County") and The City of Federal Way, a Washington municipal corporation (the "City").
WHEREAS, this Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter
39.34) and the City and County Jails Act (RCW Chapter 70.48);
NOW THEREFORE, in consideration of the promises, payments, covenants and agreements contained in
this Agreement, the parties agree as follows:
1. Definitions: Unless the context clearly shows another usage is intended, the following terms shall
have these meanings in this Agreement:
1.1 "Agreement" means this Interlocal Agreement by and between King County and the City
for Jail Services and any amendments to this Agreement.
1.2 "Booking" means registering, screening and examining persons for confinement in the Jail
or assignment to a King County Community Corrections Division (BCD) program;
inventorying and safekeeping personal property of such persons; maintaining all
computerized records of arrest; performing warrant checks; Jail Health Services (JHS)
health screening; and all other activities associated with processing a person for
confinement in Jail or assignment to a CCD program.
1.3 "Booking Fee" means the fee incurred for booking City Inmates, as further described in
Exhibit III, Section 2.
1.4 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except
emergency facility closures, holidays and County -designated furlough days.
1.5 "City Detainee" means a person booked into or housed in a Secure Detention facility such
as the Jail but also including any other Secure Detention facility not operated by or on
behalf of the County, which individual would, if housed in the Jail, qualify as a City Inmate.
1.6 "City Inmate" means a person booked into or housed in the Jail when a City charge is the
principal basis for booking or confining that person.
A. A City charge is the principal basis for booking or confining a person where one or more
of the following applies, whether pre-trial or post -trial. (See Exhibit I for further billable
charge rules.):
Interlocal Agreement: Jail Services — City of Federal Way
1.6.1 The person is booked or confined by reason of committing or allegedly committing a
misdemeanor or gross misdemeanor offense within the City's jurisdiction, and:
1.6.1.1 The case is referred to the City, through its City Attorney or contracted
attorney, for a filing decision; or
1.6.1.2 The case is referred to the City, through its City Attorney or contracted
attorney, who then refers the case to the County Prosecutor for a filing
decision per section 1.6.2; or
1.6.1.3 The case is filed by the City, through its City Attorney or contracted
attorney, whether filed under state law or city ordinance.
1.6.2 The person is booked or confined by reason of committing or allegedly committing a
misdemeanor or gross misdemeanor offense, whether filed under state law or city
ordinance, within the City's jurisdiction and the case is referred by the City, through
its City attorney or contracted attorney, to the County prosecutor and filed by the
County prosecutor as a misdemeanor in district court due to a conflict or other reason
but excluding a case filed in a regionally -funded mental health court as described in
Section 1.6.10.
1.6.3 The person is booked or confined by reason of a Court warrant issued either by the
City's Municipal Court or other court when acting as the City's Municipal Court;
1.6.4 The person is booked or confined by reason of a Court order issued either by the City's
Municipal Court or other court when acting as the City's Municipal Court; or,
1.6.5 The person is booked or confined by reason of subsections 1.6.1 through 1.6.4 above
in combination with charges, investigation of charges, and/or warrants of other
governments, and the booking or confinement by reason of subsections 1.6.1 through
1.6.4 above is determined to be the most serious charge -in -accordance with Exhibit I.
1.6.6 The person has been booked or confined for reasons other than subsections 1.6.1
through 1.6.5 and would be released or transferred but for the City having requested
that the County continue to confine the person.
B. A City charge is not the principal basis for confining a person where:
1.6.7 The person is booked or confined exclusively or in combination with other charges
by reason of a felony charge or felony investigation.
1.6.8 The person is confined exclusively or in combination with other charges by reason of
a felony charge or felony investigation that has been reduced to a State misdemeanor
or gross misdemeanor.
1.6.9 The City has requested the transfer of the person to another jail facility not operated
by King County and the County denies the request, unless one or more of the transfer
exception criteria listed in Attachment I-2 are met, in which case the person remains
a City Inmate. The billing status of the person will change to no longer be the City's
responsibility effective the calendar day following the day that the County denies the
transfer request. If the County thereafter determines that it no longer needs to detain
the person and the person would as a result become a City Inmate, then the County
will provide notice to the City that it will become billable for the Inmate. For details
on notice and billing, see Attachment I-2.
2
Interlocal Agreement: Jail Services — City of Federal Way
1.6.10 The person is booked or confined by reason of committing a misdemeanor or gross
misdemeanor offense, whether filed under state law or city ordinance, within the
City's jurisdiction and the case is referred by the City attorney or contracted attorney
to the County prosecutor and filed by the County prosecutor as a misdemeanor in the
mental health court (or successor) for so long as the operations of such court are
substantially funded by special regional funds (for example, Mental Illness and Drug
Dependency sales tax levy) or other regional funding as the County may determine.
The County shall provide the City thirty (30) days Notification before changing the
status of a regionally -funded mental health court to local funding status. The City is
not billed for cases filed by the County prosecutor into mental health court prior to
changing to local funding status.
1.7 "Community Corrections Programs" means programs designed as alternatives to, or as
rehabilitation or treatment in lieu of, Secure Detention, operated by or on behalf of the
King County Department of Adult and Juvenile Detention (DAJD) Community
Corrections Division, or its successor. Upon the date of the execution of this Agreement,
Community Corrections Programs include Electronic Home Detention and Community
Center for Alternative Programs (CCAP).
1.8 "Continuity of Care Records" means an Inmate's diagnosis, list of current medications,
treatments, PPD (tuberculosis screening test) results and scheduled appointments or
follow-ups.
1.9 "Contract Cities" mean cities that are signatory to an agreement in substantially similar
form to this Agreement. Contract Cities do not include cities who are a party to the 2012-
2030 Agreement.
1.10 "Contract Cities Inmates" means all Contract Cities' City Inmates.
1.11 "County Inmate" means any Inmate that is not a City Inmate.
1.12 "DAJD" means the King County Department of Adult and Juvenile Detention or its
successor agency.
1.13 "Fees and Charges" are the Fees and Charges imposed as described in Section 4 and
Exhibit III.
1.14 "Force Majeure" means war, civil unrest, and any natural event outside of the party's
reasonable control, including pandemic, fire, storm, flood, earthquake or other act of
nature.
1.15 "Inmate" means a person booked into or housed in the Jail.
1.16 The first "Inmate Day" means confinement for more than six (6) hours measured from the
time such Inmate is first presented to and accepted by the Jail for housing in the Jail until
the person is released, provided that an arrival on or after six (6) o'clock p.m. and
continuing into the succeeding day shall be considered one day. The second and each
subsequent Inmate Day means confinement for any portion of a calendar day after the first
Inmate Day. For persons confined to the Jail for the purpose of mandatory Driving Under
the Influence (DUI) sentences, "Inmate Day" means confinement in accordance with
Exhibit II.
Interlocal Agreement: Jail Services — City of Federal Way
1.17 "Jail" means a place owned or operated by or under contract to the County primarily
designed, staffed, and used for the housing, in full confinement, of adults charged or
convicted of a criminal offense; for the punishment, correction, and rehabilitation of
offenders charged or convicted of a criminal offense; for confinement during a criminal
investigation or for civil detention to enforce a court order, all where such place is
structured and operated to ensure such individuals remain on the premises 24-hours a day
(excluding time for court appearances, court approved off -premises trips, or medical
treatment). Inmates housed in the Jail are considered to be in Secure Detention as defined
in Section 1.37. Upon the date of the execution of the Agreement, Jail includes the King
County Correctional Facility and the detention facility at the Maleng Regional Justice
Center.
1.18 "Maintenance Charge" is the daily housing charge incurred for City Inmates housed in Jail
as further described in Exhibit III, Section 1.
1.19 "Medical Inmate" means an Inmate clinically determined by the Seattle -King County
Department of Public Health, or its successor charged with the same duties, as needing the
level of services provided in the Jail's infirmary. If an Inmate is moved to the general
population, then the Inmate is no longer considered a Medical Inmate.
1.20 "Notification" means provision of written alert, confirmation of information or request
meeting the requirements of Section 11.11. In contrast, a "notice" means providing alert or
confirmation of information or request in writing to the individuals identified in Section
11.11, or their designee (as may be specified through a formal Notification) through means
less formal than required by Section 11.11, including but not limited to electronic mail or
facsimile.
1.21 "Official Daily Population Count" is an official count of Inmates in the custody of the Jail
made at a point in time in a 24-hour period for, among other purposes, security and
population management. It is not used for billing purposes.
1.22 "Offsite Medical Care Charges" means those pass -through charges for treatment of a City
Inmate where that Inmate is clinically determined by the Seattle -King County Department
of Public Health, or its successor charged with the same duties, as needing services
provided from offsite medical institutions, as further defined in Exhibit III Section 4. An
Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge
without being otherwise classified as a Medical Inmate or Psychiatric Inmate (e.g., some
Inmates held in the general population receive offsite medical care that will result in Offsite
Medical Care Charges being incurred).
1.23 "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non -Acute Psychiatric
Inmate, as defined below.
1.23.1 A "Non -Acute Psychiatric Inmate" is an Inmate clinically determined by the Seattle -
King County Department of Public Health, or its successor charged with the same
duties, as needing Psychiatric Care Services (as further described in Exhibit III and
Attachment 1II-1) and housed outside the Jail's acute psychiatric housing units.
M
Interlocal Agreement: Jail Services — City of Federal Way
1.23.2 An "Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle -King
County Department of Public Health, or its successor charged with the same duties,
as needing the level of services provided in the Jail's acute psychiatric housing units
(as further described in Exhibit III and Attachment III-1). If an Inmate is moved to
housing outside the Jail's acute psychiatric housing units then the Inmate is no longer
considered an Acute Psychiatric Inmate.
1.24 "Parties" mean the City and County, as parties to this Agreement.
1.25 "Secure Bed Cap for Contract Cities" means the maximum total number of beds in Secure
Detention in the Jail available on a daily basis to house Contract Cities Inmates in the
aggregate. The Secure Bed Cap for Contract Cities is based on the Official Daily
Population Count and is established in Section 6.
1.26 "Secure Detention" refers to a facility structured and operated for the full confinement of
City Detainees to ensure such individuals remain on the premises 24-hours a day
(excluding time for court appearances, court approved off -premises trips, or medical
treatment), such as the Jail but also including other similar facilities that the City may elect
to house City Detainees. Secure Detention excludes City Inmates enrolled in Community
Corrections Programs.
1.27 "Surcharge" means any of the following special charges, defined in Exhibit I11, Section 3
and further described in Attachment III-1: Infirmary Care Surcharge; Non -Acute
Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; and 1:1 Guarding
Surcharge.
1.2& "2GE2-2030-Agreement" meam th--agreement -executed- by the County -and --the City of
Seattle effective on January 1, 2012, together with any other interlocal agreement in
substantially the same form of said agreement executed by the County and another city.
1.29 "Base Year" refers to the year in which the base fees, charges and surcharges are set.
2. Term. This Agreement shall commence on the Effective Date and shall extend through December
31, 2024. This Agreement shall supersede all previous contracts and agreements among the Parties
relating to the Jail and any other jail services, except that any obligations contained in these
previous contracts or agreements which expressly survived termination or expiration of these
previous contracts or agreements shall remain in effect.
3. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except
as provided in Sections 5.4, and 6 of this Agreement. The County shall also furnish the City with
Jail facilities; booking; transportation among facilities, as detennined necessary in the County's
sole discretion, including the various Jail facilities, Harborview Medical Center and Western State
Hospital; custodial services; and personnel for the confinement of City Inmates at least equal to
those the County provides for confinement of County Inmates. However, the County reserves the
right to operate specific programs and/or facilities exclusively for County Inmates or persons
sentenced or assigned to Community Corrections Programs. The County shall furnish to City
Inmates in Secure Detention all medical, dental, and other health care services required to be
provided pursuant to federal or state law. Also, the County shall make every reasonable effort to
release a City Inmate as expeditiously as possible after the County has received notice of a court
order to release. Nothing in this section shall be deemed to limit the County's right to refuse to
accept City Detainees for confinement in Jail when they are deemed by the County to be in need
Interlocal Agreement: Jail Services — City of Federal Way
of urgent medical or psychological care, nor to return custody of such inmates back to the City if
the City Detainee is admitted to the hospital or psychiatric facility.
4. City Compensation. The City will pay the County a Booking Fee, Maintenance Charge, Surcharges,
and Offsite Medical Charges as follows (together with such other charges as may be applicable in
accordance with this Agreement):
4.1 Booking Fee. The Booking Fee shall be assessed for the booking of City Inmates by or on
behalf of the City into the Jail as further described in Exhibit III, Section 2. The Booking
Fee will be inflated effective January 1, 2023.
4.2 Maintenance Charge. The Maintenance Charge shall be assessed for a City Inmate for each
Inmate Day as provided in Exhibit III, Subsection 1. The Maintenance Charge will be
inflated effective January 1, 2023.
4.2.1 The County will provide notice to the City after booking a City Inmate in order to
give notice that the City Inmate has been booked and to provide the opportunity
for release to the City if the City so desires. Such action will take place as soon as
reasonably possible but no later than the next business day after booking. A City
Inmate released within six hours of booking will result in no Maintenance Charges.
4.2.2 The County will provide notice to the City of the billing status of its Inmates for
the prior calendar day in cases where confinement is the result of multiple warrants
or sentences from two or more jurisdictions. As of the date of this Agreement, this
notice is provided to the City once each business day when applicable. The intent
of this program is to allow the City to take custody of a City Inmate if they so
— desire -after the other jurisdictional- warrants -are resolved and thereby prevent
unnecessary Maintenance Charges.
4.2.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by
administrative agreement signed by both the Chief Executive Officer of the City
and the King County Executive.
4.3 Access to and Charges for City Inmate Use of Community_ Corrections Proacams. The
Parties agree to discuss in good faith the ability for the City to access Community
Corrections Programs, and to negotiate charges for such access. Any agreement between
the Parties with respect to access and charges for Community Corrections Programs shall
be enacted through an amendment to this Agreement.
4.4 Surcharges and. Offsite Medical Charges. In addition to the Booking Fee, Maintenance
Charge, and any other charges agreed to per Section 4.3, the City will be charged for Offsite
Medical Charges and Surcharges as detailed in Exhibit III, Section 3 and 4.
4.4.1 Proposed Notice of Certain Surcharges. The County intends to provide or make
available to the City timely notice of occurrences when a City Innate is transported
to Harborview Medical Center or other offsite medical institution, or is receiving
infirmary care or psychiatric care that will subject a City to Surcharges. Notice
provided or made available will be based on information known to DAJD at the
time (since billing status of an Inmate may be changed retroactively based on new
information or other factors). The County intends to provide or make available this
notice within two (2) business days following the day in which the chargeable
6
Interlocal Agreement: Jail Services — City of Federal Way
event occurs and will make good faith efforts to provide notice sooner if
practicable. The County will make good faith efforts to try to institute a means to
provide notice to the City within twenty-four (24) hours of the admittance of a City
Inmate to Harborview Medical Center or other offsite medical institution. The
County's failure to provide or make available notice or develop quicker means to
provide notice to the City as detailed above shall not excuse the City from financial
responsibility for related Offsite Medical Charges or Surcharges and shall not be a
basis for imposing financial responsibility for related Offsite Medical Charges or
Surcharges on the County.
Billing and Billing .Dispute Resolution Procedures.
5.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after
receipt, the City shall pay the full amount billed or withhold a portion thereof and provide
the County written notice meeting the requirements of Section 5.2.1, specifying the total
amount withheld and the grounds for withholding such amount, together with payment of
the remainder of the amount billed (if any amount remains). Notwithstanding the
foregoing, the County shall bill the City for Offsite Medical Charges as such charges are
periodically received by the County from third party medical institutions or other offsite
medical providers. Offsite Medical Charges shall be due within such time and subject to
such withholding and dispute resolution procedures as otherwise provided in this
Section 5.
5.2 Withholding of any amount billed or alleging a violation related to billing provisions of
this Agreement shall constitute a dispute, which shall be resolved as follows:
- — - — - - - 5-.2. 4 - The --County -shall respond to -writing to billing disputes within sixty-(60)-days-of
receipt of such disputes by the DAJD billing offices. To ensure the soonest start to
the sixty (60)-day timeline, the City should electronically mail scanned billing
disputes directly to the DAJD billing office, or by fax, or U.S. mail rather than to
any other County office or officer. The DAJD billing office contact information as
of the date of this Amendment is:
KC DAJD
DAJD-AP@kingcounty.gov
Attn: Finance — Inmate Billing
500 Fifth Avenue
Seattle, WA 98104
5.2.2 In the event the parties are unable to resolve the dispute, either Party may pursue
the dispute resolution mechanisms outlined in Section 9.
5.3 Any amount withheld from a billing, which is determined to be owed to the County
pursuant to the dispute resolution procedure described herein, shall be paid by the City
within thirty (30) days of the date of the resolution.
5.4 If the City fails to pay a billing within forty-five (45) days of receipt, the County will
provide the City with a notice of its failure to pay and the City shall have ten (10) days
from receipt of such notice to cure nonpayment. Any undisputed billing amount not paid
by the City within sixty (60) days of receipt of the billing, and any amounts found to be
owing to the County as a result of the billing dispute resolution procedure that are not paid
7
Interlocal Agreement: Jail Services - City of Federal Way
within thirty (30) days of resolution, shall be conclusively established as a lawful debt
owed to the County by the City, shall be binding on the Parties, and shall not be subject to
legal question either directly or collaterally. In the event the City fails to cure its
nonpayment, the City shall be deemed to have voluntarily waived its right to house City
Inmates in the Jail and, at the County's request, will remove City Inmates already housed
in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept
no further City Inmates until all outstanding bills are paid. This provision shall not limit
the City's ability to challenge or dispute any billings that have been paid by the City.
5.5 The County may charge an interest rate equal to the interest rate on the monthly County
investment earnings on any undisputed billing amount not paid by the City within forty-
five (45) days of receipt of the billing, and any amounts found to be owing to the County
as a result of the billing dispute resolution procedure. Interest on amounts owed begin
accruing on the forty-sixth (46) day after payment was due.
5.6 Each Party may examine the other's financial records to verify charges. If an examination
reveals an improper charge, the next billing statement will be adjusted appropriately.
Disputes on matters related to this Agreement which are revealed by an audit shall be
resolved pursuant to Section 5.2.
6. Jail Capacity.
6.1 The Contract Cities may house Contract Cities Inmates in the Jail at an aggregate number,
calculated based on the Jail's Official Daily Population Count, equal to or less than the
Secure Bed Cap for Contract Cities established in Sections 6.1.1.
- - - - 6.1.1 Through- December 31,, 2-&2-4-, the Secure Bed Cap f-0n Contract -Cities in the
aggregate is fifty (50) beds. These fifty (50) beds shall be available on a first -come,
first -served basis measured at the time of the Jail's Official Daily Population
Count.
6.2 In the event the number of Contract Cities Inmates exceeds the Secure Bed Cap for
Contract Cities described in Section 6.1, the County will notify the Contract Cities by
phone or electronic mail. The County may then decide to continue to house Contract Cities
Inmates in excess of the Secure Bed Cap for Contract Cities. Alternatively, the County may
refuse to accept bookings from the City until such time as the aggregate number of Contract
Cities Inmates is reduced below the Secure Bed Cap for Contract Cities. If the aggregate
number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities
through removal of Contract Cities Inmates from the Jail, then the County will be obligated
to accept new City bookings. The notice required by the first sentence of this Section 6.2,
will be made to the person designated in Section 13.10 of this Agreement, and will inform
the City whether the County intends to continue to house Contract Cities Inmates in excess
of the Secure Bed Cap for Contract Cities described in Section 6.1, or whether the County
will refuse to accept bookings from the City until such time as the aggregate number of
Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities described
in Section 6.1.
6.3 At the end of the last day of this Agreement, the Contract City agrees to reduce the number
of Contract City Inmates in the Jail to zero (0), with the exception that Inmates whose status
has changed to Contract City Inmate, will not be included in the calculation of the number
Interlocal Agreement: Jail Services — City of Federal Way
of Contract City Inmates, if such individuals are removed from the Jail within seventy-two
(72) hours of such change in status.
For the purpose of determining the number of Contract Cities Inmates only, and not for
billing purposes, Inmates held on multiple warrants or sentences by the County which
include one or more city warrants or sentences in addition to a County and/or state warrant
or sentence, and Contract Cities Inmates that have been booked into the Jail and the
Contract City has not been notified of such booking shall not be considered a Contract
Cities Inmate . Also, Contract Cities Inmates housed in the Jail will not be considered
Contract Cities Inmates for the purpose of determining the number of City Inmates.
6.4 The Jail's capacity limit for Contract City Medical Inmates is thirty (30). The Jail's
capacity limit for Contract City Psychiatric Inmates is one -hundred -fifty-one (151). For the
purpose of this Section the Medical and Psychiatric Inmate population will be determined
following the definitions in Sections 1.21 and 1.25 at the time of the Jail's Official Daily
Population Count.
6.5 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set
forth in Section 6.5, the County will provide notice to the City by phone or electronic mail.
Such notification will be made to the person designated in Section 11.11 of this Agreement.
At the time this notification is made the County may request that the City take custody of
a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical
or Psychiatric Inmates to the capacity limits detailed in Section 6.5, or the County may
inform the City that the County is willing to continue to house these Inmates.
6.6 County requests under Section 6.5 will be made as follows. The billable city (under this
Agreement or other- jail -service agreements between- the County -and cities that have -
identical provisions as this Section) with the Inmate most recently admitted as Medical or
Psychiatric Inmate will be asked to take custody of that innate. This process will be
repeated until such time as the Medical and Psychiatric populations are reduced below
capacity limits, or the Jail is willing to house these Inmates.
6.7 If the County, pursuant to Sections 6.5 and 6.6, requests that the City take custody of
Medical or Psychiatric Inmates, the City shall comply with the County's request. The City
shall take custody of its' Medical or Psychiatric Inmates by picking them up no later than
twenty-four (24) hours after the County's request. If the City has not picked -up the Medical
or Psychiatric Inmate within twenty-four (24) hours of the County's request, the County
shall deliver the Medical or Psychiatric Inmate to the City's designated drop-off location
or backup location. In either case, the City's designee must accept the Medical or
Psychiatric Inmate from the County and must be available to do so seven (7) days a week,
twenty-four (24) hours a day. In all cases, the County shall provide the receiving entity
Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical
Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies
substitute Medical Inmates that are City Inmates, the provisions of Section 6 will continue to apply. In the event the
City identifies substitute Medical Inmates that are the responsibility of a different city (Substitute City) that is party
to this Agreement or a jail services agreement with the King County containing these same provisions, the Substitute
City will be responsible for picking -up the substitute Medical Inmates within 24-hours of the initial request for pick-
up. In the event the Substitute City fails to pick-up its Medical Inmates within 24-hours of initial notification to the
City, the County may deliver the Medical Inmates named in the original notification to the City's designated drop-off
location or backup location. The procedures outlined in this footnote will also apply to Psychiatric Inmates.
9
Interlocal Agreement: Jail Services — City of Federal Way
with Continuity of Care Records, in a sealed envelope, at the time custody is transferred.
The City will ensure that the City and the receiving entity comply with all applicable
confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care
Records are provided to the County at the time custody of a City Inmate receiving the level
of care consistent with a Medical or Psychiatric Inmate is transferred to the County.
6.8 If the County, in its sole discretion, decides to transport Medical or Psychiatric Inmates to
the City's designated drop-off location or backup location within King County,
Washington, the County will do so without charge. Should the County agree to a drop-off
location or backup location outside of King County, Washington, the City will pay all
transportation costs for Medical or Psychiatric Inmates taken to the designated drop off
location or backup location. In no case will the County be obligated to transport a Medical
or Psychiatric Inmate out-of-state.
.fail Planning.
7.1 Jail Plannin The County and the City recognize the value of sharing information about
their respective inmate populations and anticipated use of Secure Detention and alternative
means of detention. The Parties agree to make good -faith efforts to share this information
regularly. Furthermore, should the County begin planning for potential changes in jail
space or models, the County will make good -faith efforts to provide notice to the City that
such planning is underway, so that the City has an opportunity to participate in planning
efforts.
8. Indemnification.
8.1- The -County -shall indemnify and hold harmless the City -and-its-officers- -agents; and
employees, or any of them, from any, and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or arising out of any
negligent action or omission of the County, its officers, agents, and employees, or any of
them. In the event that any suit based upon such a claim, action, loss, or damage is brought
against the City, the County shall defend the same at its sole cost and expense; provided,
that, the City retains the right to participate in said suit if any principle of governmental or
public law is involved; and if final judgment be rendered against the City and its officers,
agents, and employees, or any of them, or jointly against the City and the County and their
respective officers, agents, and employees, or any of them, the County shall satisfy the
same.
8.2 The City shall indemnify and hold harmless the County and its officers, agents, and
employees, or any of them, from any, and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by reason of or arising out of any
negligent act or omission of the City, its officers, agents, and employees, or any of them.
In the event that any suit based upon such a claim, action, loss, or damage is brought against
the County, the City shall defend the same at its sole cost and expense; provided that the
County retains the right to participate in said suit if any principle of governmental or public
laws is involved; and if final judgment be rendered against the County, and its officers,
agents, and employees, or any of them, or jointly against the County and the City and their
respective officers, agents, and employees, or any of them, the City shall satisfy the same.
8.3 In executing this agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility, which arises in whole or in
10
Interlocal Agreement: Jail Services — City of Federal Way
part from the existence or effect of City ordinances, rules, or regulations. If any cause,
claim, suit, action or administrative proceeding is commenced in which the enforceability
and/or validity of any such City ordinance, rule or regulation is at issue, the City shall
defend the same at its sole expense and if judgment is entered or damages are awarded
against the City, the County, or both, the City shall satisfy the same, including all
chargeable costs and attorney's fees.
8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration
of this Agreement.
9. Dispute Resolution. In the event the Parties are unable to resolve a dispute, then either Party may pursue
the dispute resolution provisions of this Section 9.
9.1. Either Party may give Notification to the other in writing of a dispute involving the
interpretation or execution of the Agreement. Within thirty (30) days of this Notification,
the King County Executive and the Chief Executive Officer of the City, or their designees,
shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either
Party it shall be referred to non -binding mediation. The mediator will be selected in the
following manner: The City shall propose a mediator and the County shall propose a
mediator; in the event the mediators are not the same person, the two proposed mediators
shall select a third mediator who shall mediate the dispute. Alternately, the Parties may
agree to select a mediator through a mediation service mutually acceptable to both Parties.
The Parties shall share equally in the costs charged by the mediator or mediation service.
9.2. Each party reserves the right to litigate any disputed issue in court, de novo.
10. Termination. Either Partymayinitiate a process -to terminate this Agreement as follows.
10.1. Ten (10)-Day Notification of Intent to Terminate. Any Party wishing to terminate this
Agreement shall issue a written Notification of intent to terminate, not less than ten (10)
days prior to issuing a ninety (90) day termination Notification under Section 10.2 of this
Agreement. Upon receipt of the written Notification of intent to terminate, the parties will
meet to confer on whether there are steps that the non -terminating party can take, in order
to, avoid a ninety (90) day termination Notification notice under Section 10.2 of this
Agreement.
10.2. Ninety (90)-Day Termination Notification. After the ten (10) day period has run under
Section 10.1 of this Agreement, the party desiring to terminate this Agreement may provide
the other party ninety (90) days written termination Notification, as provided in RCW
70.48.090.
11. General Provisions.
11.1. Other Facilities. This Agreement reserves in each party the power to establish a temporary
holding facility during a pandemic, riot, civil disobedience or natural disaster, to establish
group homes or other care or rehabilitation facilities in furtherance of a social service
program, to temporarily transfer Inmates to alternative detention facilities in order to
respond to Jail overcrowding, a public health directive, or to comply with a final order of
a federal court or a state court of record for the care and treatment of Inmates.
11
Interlocal Agreement: Jail Services — City of Federal Way
11.2. Grants. Both Parties shall cooperate and assist each other toward procuring grants or
financial assistance from the United States, the State of Washington, and private
benefactors for the Jail, the care and rehabilitation of Inmates, and the reduction of costs
of operating and maintaining Jail facilities.
11.3. Law Enforcement Intake Portal. The County will offer the use of a web -based Subject
Intake Portal when its Jail Management System goes live in 2021. The tool will allow law
enforcement officers to log onto the system and enter all arrest, case/charge, victim,
probable cause, and drug crime certificate information. This method is the County's
preferred method of intake and booking. Cities that take advantage of this intake method
will be able to print out or receive an electronic version of the intake information, including
the ability to integrate with the JMS via web services or API integration if desired.
11.4. Severability. If any provision of this Agreement shall be held invalid, the remainder of this
Agreement shall not be affected thereby.
11.5. Remedies. No waiver of any right under this Agreement shall be effective unless made in
writing by the authorized representative of the party to be bound thereby. Failure to insist
upon full performance on any one or several occasions does not constitute consent to or
waiver of any later non-performance nor does payment of a billing or continued
performance after Notification of a deficiency in performance constitute an acquiescence
thereto. The Parties are entitled to all remedies in law or equity.
11.6. Exhibits. This Agreement consists of several pages plus the following attached exhibits,
which are incorporated herein by reference as fully set forth:
- Exhibit I Method-af Beterrnini.ng Billable- Charge —and -Agency
Exhibit II Exception to Billing Procedure
Exhibit III Calculation of Fees, Charges and Surcharges
11.7. Not Binding on Future Agreements. This Agreement does not bind the Parties as to the
terms, fees, or rate formulas to be included in any future jail services agreements.
11.8. Entire Agreement. This Agreement, including all exhibits and attachments hereto,
represents the entire understanding of the Parties and supersedes any oral representations
that are inconsistent with or modify its terms and conditions.
11.9. Modifications. The provisions of this Agreement may only be modified and amended with
the mutual written consent of the King County Executive and the Chief Executive Officer
of the City and the approval of their respective legislative bodies, excepting that, certain
modifications to the notice requirements in Sections 4.2.2, 4.2.3 and Attachment I-2 may
be approved administratively by signature of both the Chief Executive Officer of the City
and King County Executive as specified herein.
11.10. Force Majeure. In the event either party's performance of any of the provisions of this
Agreement become impossible due to Force Majeure, that party will be excused from
performing such obligations until such time as the Force Majeure event has ended and all
facilities and operations have been repaired and/or restored.
12
Interlocal Agreement: Jail Services - City of Federal Way
11.11. Notifications. Except as otherwise provided in this Agreement, any Notification required
to be provided under the terms of this Agreement, shall be delivered by certified mail,
return receipt requested or by personal service to the following person:
For the City of Federal Way:
Administrative Commander
33325 8th Ave S, Ste 101
Federal Way, WA 98003
Or his/her successor, as may be designated by written Notification from the City to the
County.
For the County:
Chief of Administration
Dept. of Adult and Juvenile Detention
500 Fifth Avenue
Seattle, WA 98104
- - -Or his/her- successor as may be designated by - written -Notification from the -County -to the -
City.
11.12. Council Approval. The Parties' obligations under this Agreement are subject to official
City and County Council approval.
11.13. Filin _ As provided by RCW 39.34.040, this Agreement shall be filed with the King County
Department of Records and Elections.
11.14. Assignment/Subcontractinp- The City may not assign or subcontract any portion of this
Agreement or transfer or assign any claim arising pursuant to this Agreement.
11.15. No -Third Party Beneficiaries. Except as expressly provided herein, there are no third -party
beneficiaries to this Agreement. No person or entity other than a party to this Agreement
shall have any rights hereunder or any authority to enforce its provisions, and any such
rights or enforcement must be consistent with and subject to the terms of this Agreement.
11.16. Execution in Counterparts. This Agreement and any amendments thereto, shall be executed
on behalf of each party by its duly authorized representative and pursuant to an appropriate
motion, resolution, or ordinance. The Agreement may be executed in any number of
counterparts, each of which shall be an original, but those counterparts will constitute one
and the same instrument.
13
Interlocal Agreement: Jail Services — City of Federal Way
King County
King County Executive
Date
Approved as to Form:
King County
Deputy Prosecuting Attorney
Date
The City of Federal Way
Jim Ferrell
Mayor, City of Federal Way
Date
Approved as to Form:
J. Ryan Call -
Federal Way City Attorney
Date
14
Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT I
Method of Determining Billable Charge and Agency
Process Overview
The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method
for determining the principal basis for booking or confining a person. The County's billing system examines
all open and active charges and holds for each calendar day and applies the billing priority rules and tie
breaker rules as set forth below. Then the billable agency is determined from the billable charge(s) or hold(s)
and the application of exception rules, for example, the special DUI sentencing rule or the special six -hour
rule.
Billing Priority Rules
The Billin Priori Group is determined in the folio win order:
1.
Local felony charge(s)
A local felony charge is filed by the King County
Prosecuting Attorney into a King County court.
2.
Investigation holds from King County
An investigation hold is one that has been referred
agencies or pursuant to a contract
to the King County Prosecutor and includes King
Count investi ation holds.
3.
Department of Corrections (DOC)
Felony and misdemeanor charges adjudicated by
charge(s) pursuant to contract with
DOC hearing examiner. Cases heard by a local
DOC
court are considered local misdemeanors even if
DOC is the originating agency.
4.
Local misdemeanor charge(s) and city
Includes King County misdemeanors.
court appearance orders
5.
Other holds (contract and non-
contract)
Tie Breaker Rules
Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group (Number 4
above) when there are charges with multiple billable agencies. The first rule that applies determines the
billable charge(s). The billable agency for the selected charge(s) is the billable agency.
1.
This rule selects the charge(s) with an active sentenced charge
Longest or only sentenced
or, if there is more than one active sentenced charge, the rule
charge rule
selects the charge with the longest imposed sentence length.
2.
This rule selects the charge(s) with the earliest sentence start
Earliest sentence rule
date.
3. Lowest sentence charge
This rule selects the sentenced charge(s) with the lowest charge
number rule
number as given in the DAJD booking system.
This rule selects the charge(s) or hold(s) with a charge billable
4. Arresting agency rule
agency that matches the arresting Mena for the booking.
This rule selects the agency with the highest total bail summed
5. Accumulated bail rule
for all of the charge(s) and hold(s) for which the agency is the
billable a enc .
6. Lowest charge number
This rule selects the charge or hold with the lowest charge
rule
number as given in the DAJD booking system.
15
Interlocal Agreement: Jail Services — City of Federal Way
Attachment I-1: City and County Jail Charges Clarification
This document contains several examples consistent with Section 1.6 of this Agreement.
#
Situation
Jail Costs associated with these cases
are:
1
Inmate booked by a city on a felony investigation, whose
County responsibility
case is filed by the Prosecutor initially as a felony in
Superior Court but subsequently amended to a
misdemeanor charge (for evidentiary reasons, or entry
into mental health court, or for other reasons)
2
Inmate booked by a city on a felony investigation and
County responsibility (including the
whose case is initially filed by the Prosecutor as a felony
expedited cases to be filed under the
in District Court as part of a plea bargain effort (so
new Prosecutor Filing Standards).
called "expedited cases")
3
Inmate booked by a city on a felony investigation, whose
County responsibility
case is initially filed by the County Prosecutor as a
misdemeanor in district court (i.e., mental health,
domestic violence or in regular district court)
4
Inmate booked by a city on a felony investigation. The
County responsibility prior to release of
County prosecutor declines to file the case and refers it
felony investigation by the County
to a city prosecutor or law enforcement for any further
prosecutor; City responsibility from and
action.
after release of felony investigation
5
Misdemeanor or felony cases originated by state
County responsibility
agencies (i.e., WSP )
6
Inmates booked by a city on a juvenile charge who are
County responsibility
held in adult detention or become adults during the
pendency of their charge or sentence.
16
Interlocal Agreement: Jail Services — City of Federal Way
Attachment I-2
Inmate Transfers: Transfer Request Exemption Criteria, Notice and Billing
(Relating to Section 1.6.9)
A. In the event of one or more of the following transfer exception criteria are met, a transfer may be
denied by the County, in which case the person for whom the City has sought a transfer remains a
City Inmate:
(1) Inmate has medical/health conditions/ treatments preventing transfer.
(2) Transfer location refuses Inmate.
(3) Inmate refuses to be transported and poses a security risk.
(4) Inmate misses transport due to being at court or other location.
(5) City refuses to sign transfer paperwork requiring the City to arrange transportation for
Inmate back to King County, if needed, when City sentence ends.
B. If the County has refused a transfer request and thereafter determines that it no longer needs to
detain the person and the person would as a result become a City Inmate, then the County will
provide notice to the City that it will become billable for the Inmate. The City will not incur a
Maintenance Charge on the day of notice. If the City transfers the Inmate during the six calendar
days immediately following the day of notice, it will not incur a Maintenance Charge for the first
calendar day following notice but will incur a Maintenance Charge for each subsequent calendar
day until the Inmate is transferred. If the City does not transfer the Inmate from the Jail during this
six -day period, the City is billable beginning the calendar day following the day of notice from the
County.
C. The terms of this Attachment I-2 may be amended by administrative agreement evidenced by
execution in writing by the Chief Executive Officer of the City and King County Executive.
17
Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT II
Exception to Billing Procedure
For persons serving the one- and two-day commitments pursuant to the mandatory DUI sentence grid who
report directly from the community to the Jail for incarceration, Inmate day shall not be defined according
to Section 1.16 of the Agreement. Instead, Inmate day shall be defined as a twenty -four-hour period
beginning at the time of booking. Any portion of a twenty -four-hour period shall be counted as a full Inmate
day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the
court commitment.
Two examples are provided for illustration:
Two-day sentence served on consecutive days:
John Doe
Booked 7/1/23 0700
Released 7/3/23 0700
Number of Inmate days = 2
11
Two-day sentence served on non-consecutive days:
John Doe
Booked 7/1/23 0700
Temporary Release 7/2/23 0700
Return to Jail 7/8/23 0700
Number of Inmate days = 2
Released 7/9/23 0700
The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the City's direct
DUI one and two-day Inmates by adjusting the City's monthly bill before it is sent to the City. If the changes
are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which
will make the necessary adjustments.
18
Interlocal Agreement: Jail Services — City of Federal Way
EXHIBIT III
Calculation of Fees, Charges and Surcharges
Starting on the Effective Date of this Agreement, the City shall pay the fees, charges, and surcharges with
such annual adjustments for inflation as described below. Starting on the Effective Date of this Agreement,
the City shall also pay offsite medical care charges as detailed below
2023 is the Base Year for fees, charges, and surcharges and is the basis from which the fees, charges, and
surcharges are to be annually adjusted by applying the inflators set forth in Subsection 5.a. of this
Exhibit III.
1. MAINTENANCE CHARGE AND CAPITAL EXPENDITURE CHARGE
The Maintenance Charge shall be calculated as described below.
a. The Maintenance Charge starting January 1, 2023, and for the remainder of the calendar year
2023, excluding any adjustments for Capital Expenditure Charges, will be $250.64. When
combined with the Capital Expenditure Charges, the Maintenance Charge for calendar year
2023 is $256.90. The Maintenance Charge shall be inflated in 2024 as described in Section 5.
The City will not be charged a Maintenance Charge for a City Inmate where the Inmate has
been offsite (e.g. housed outside of the Jail) for all twenty-four (24) hours of a Surcharge Day
and subject to 1:1 Guarding Surcharge for the entirety of such twenty-four (24)-hour period.
In addition to the annual adjustment to the Maintenance Charge described above, King County
will increase the Maintenance Charge to capture the cost of Capital Expenditures. Capital
Expenditures are -defined asthe-cost -of repairing and renovating- current jail-eapaoity- and —
facilities and support and administrative facilities that benefit Jail operations. Additional Capital
Expenditures will be included in the Maintenance Charge if such expenditures benefit City
Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to
the City. Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures
do not include Major Maintenance.
i. Capital Expenditures will be calculated in proportion to the square footage that benefits
adult detention. Cities will be billed their proportionate share based on the total number
of Inmate Days (as defined in Section 1.17). By August 15 of 2023; DAJD will estimate
the total number of Inmate Days for 2024 and provide notice to the City of the Capital
Expenditure Charge to be included in the Maintenance Charge for 2024.
ii. Upon request of the City, the County shall provide its six (6)-year CIP and its six (6)-
year major maintenance plan to the City. The County will provide a detailed line -item
budget of each Capital Expenditure. If the City disputes that the Capital Expenditure
benefits City Inmates or otherwise disputes the inclusion of the Capital Expenditure or
any portion of the Capital Expenditures' budget in the maintenance fee, the matter will
be resolved under the dispute resolution processes described herein. Capital
Expenditures will not be charged to the City to the extent such Capital Expenditures are
covered by federal grants, state grants, insurance proceeds, capital maintenance reserves
or voter approved capital funding for jail related improvements.
iii. Capital Expenditures, if debt financed, shall begin being charged when debt service
payments begin for the permanent financing of the Capital Expenditure and shall
19
Interlocal Agreement: Jail Services — City of Federal Way
continue until the end of the debt amortization unless the debt amortization is less than
fifteen (15) years, in which case the charges to the City will be amortized over fifteen
(15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges
shall be based on actual expenditures. The County will make available documentation
evidencing such expenditures.
iv. Beginning January 1, 2023, and continuing through calendar year 2023, the Capital
Expenditure Charge for ISP for the City is $5.21 and the Capital Expenditure Charge for
the CSSP is $1.05, for a combined total Capital Expenditure Charge of $6.26 to be added
to the Maintenance Charge set forth in subparagraphs a and b above.
2. BOOKING FEE
a. The booking fee shall be based on whether, or not the City is using the County's Personal
Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The
two booking fees starting January 1, 2023, and for the remainder of the calendar year 2023 will
be initially set as follows:
i. The Base Booking Fee shall be $178.67. This is the booking fee payable by Contract
Cities that are not using the County's PR screeners. This Booking Fee shall include
40.86% of the total Budgeted Jail Costs associated with booking (including Jail Health
Intake Services); this percentage of booking costs to be included in the Booking Fee shall
remain fixed through the term of this Agreement.
ii. The Standard Booking Fee shall be $262.25. This is the booking fee payable by
Contract Cities using the County's PR screeners. This booking fee is composed of the
- - Base Booking Fee plus -the -fee -associated -with the-County's PR screeners. - -
If the City has a court order on file as of the Effective Date, confirming that the City and not the
County will have authorization to provide PR screening for City Inmates, then the City will be
qualified for the Base Booking Fee as of the Effective Date. To qualify for the Base Booking
Fee in 2024, the City must either provide a court order not later than July 1, 2023, confirming
that the City and not the County will have authorization to provide PR screening for City
Inmates, or a previously issued court order must remain in effect. If an authorizing court order
is revoked or expires and is not renewed, the City will no longer qualify for the Base Booking
Fee.
The Booking Fee shall be inflated in 2023 as described in section 5 below.
3. SURCHARGES
In addition to payment of the Maintenance Charge and the Booking Fees, the City shall pay Surcharges
associated with services provided to City Inmates as described below. The types of services provided to an
Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in
Attachment III-1.
The initial Surcharge amounts described in paragraphs (a) — (d) below shall apply from the January 1, 2023,
through December 31, 2023, and shall inflated for 2024 as described in Section 5 below.
a. Infirmary Care. For Medical Inmates, the City shall pay an Infirmary Care Surcharge of
$388.99 for each Surcharge Day.
ME
Interlocal Agreement: Jail Services — City of Federal Way
Non -Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the City shall pay a
Psychiatric Care Surcharge of $119.26 for each Surcharge Day.
c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric
Care Surcharge of $304.51. for each Surcharge Day.
i. The Acute Psychiatric Surcharge for each Surcharge Day shall be $304.51.
ii. The Psychiatric Care Surcharge for each Surcharge Day of $119.26 is added to the
Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of
$423.77.
d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County
dedicates an individual officer to guard a City Inmate. The Surcharge shall be $87.28 per guard
for each hour or portion thereof, and as further described in Attachment III-1.
A Surcharge Day is defined as a 24-hour period from midnight to midnight, or any portion
thereof, in which an Inmate receives any of the services within the Surcharges listed in
subparagraphs (a) — (c) above; provided that with respect to the Infirmary Care Surcharge,
Psychiatric Care Surcharge and Acute Psychiatric Surcharge, a maximum of one (1) charge may
be imposed within the twenty-four (24)-hour period for a single inmate, and the charge imposed
shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric
Care, released to the general population, and then again placed in Acute Psychiatric Care all
within the same twenty-four (24)-hour period (midnight to midnight), a single Acute Psychiatric
Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and
then in Non -Acute Psychiatric Care within the twenty-four (24)-hour midnight to midnight
period, then a sing[ ---Acute Psychiatric Care -charge willbeimposed - - - - -
4. OFFSITE MEDICAL CARE CHARGES
In addition to the Maintenance Charge, the Booking Fee, and the Surcharges detailed above, the City shall
be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate.
5. INFLATORS AND RE -SETS OF FEES CHARGES. AND SURCHARGES
a. Inflators. Effective January 1, 2023, all fees, charges, and surcharges, excluding: (1) Offsite
Medical Care Charges and, (2) the Capital Expenditure Charge components of the Maintenance
Charge, shall be inflated by the percentage rates described below.
Non -Medical Charges: the following fees and charges are subject to an annual inflator of the
Seattle -Tacoma -Bremerton CPI-W (covering the 12-month period ending in June) plus 1.5% but
shall in no event be lower than 1.5%.:
i. Maintenance Charge
ii. Booking Fee
iii. Acute Psychiatric Housing Surcharge
iv. 1:1 Guarding
Medical Charges: The following fees and charges are subject to an annual inflator of the Seattle -
Tacoma -Bremerton CPI-W (covering the twelve (12)-month period ending in June) plus three (3)
percent, but shall in no event be lower than three (3) percent:
21
Interlocal Agreement: Jail Services — City of Federal Way
i. Infirmary Care Surcharge
H. Psychiatric Care Surcharge
b. Final Fee. Charge and Surcharge Notice for Following Calendar Year. No later than August 15,
the County will provide notice to the City of the final fees, charges and surcharges listed in this
Subsection 5.a. reflecting the application of the June -June CPI index in the manner prescribed
in Subsection 5.a above.
Inflation Re -sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, in the
event the Seattle -Tacoma -Bremerton CPI-W (June -June) exceeds eight (8) percent then, as part
of the August 15, final fee and charge notice, the County will include information demonstrating
whether, based on factors affecting the DAJD Budgeted Jail Costs including but not limited to
personnel costs, food, utilities and pharmaceuticals, the County's reasonably expected inflation
experience for the DAJD Budgeted Jail Costs in the next calendar year (the "Expected Inflation
Rate") is less than or greater than said CPI-W (June -June) rate. If the Expected Inflation Rate
is lower than the CPI-W (June -June) rate, the County will apply the lower of the two rates to
the fees and charges listed in this Subsection 5.c for the following calendar year.
22
Interlocal Agreement: Jail Services — City of Federal Way
Attachment III-1
Summary Description of Medical Cost Model Surcharges and Pass -Through Charges
Surcharge
Description
1.
1:1 Guarding
Cost to guard an inmate in a 1:1 situation. Most common
occurrence is at hospital or at off -site medical
appointments. If more than one guard is required, then the
rate would be the multiple of guards.
2.
Acute Psychiatric Care (two
components) — billed by location
a. Psychiatric Care Surcharge
Costs for Jail Health Services (JHS) treatment team for
services listed below for Psychiatric Care.
b. Acute Psychiatric Surcharge
Costs for additional officer staffing for: 15-minute checks,
assistance with feeding, emergency responses, escorts,
and other necessary services to provide for an inmate who
poses a potential danger to him or herself.
3.
Non -Acute Psychiatric Care (one
component)
a. Psychiatric Care Surcharge
Costs for JHS Psychiatric treatment team for services
listed below for Psychiatric Care.
4.
Infirmary Care
Costs for JHS Infirmary care, services listed on reverse.
Pass -Through Charge
Description
5.
Off -Site Medical Charges
Costs for inmates to receive services from outside medical
providers (services not available from JHS). Examples
include:
•'• Hospital care
❖ Dialysis
❖ Cancer treatment (chemotherapy, radiation)
❖ Specialized transport to medical appointments
(wheelchair bound inmates)
JHS Psychiatric Care
Services Provided:
Criteria:
:•
Psychiatric Treatment &
Inmates with severe or unstable mental health conditions
Management
are placed in psychiatric housing units and receive a level
❖
Psychiatric Treatment Team
of monitoring and care based on the acuity of their mental
Monitoring
illness. Inmates in psychiatric housing are evaluated upon
❖
Medication Administration
admission and then re-evaluated on a regular basis by a
❖
Mental Health Crisis Counseling
multi -disciplinary treatment team.
❖
Psychiatric Therapy Groups
23
Interlocal Agreement: Jail Services — City of Federal Way
JHS Infirmary Care
Services Provided:
Criteria:
❖ 24-hour Skilled Nursing Care
Inmates who meet diagnostic criteria that require 24-hour
❖ Daily Provider Rounds
skilled nursing care are housed in the KCCF Infirmary.
❖ Treatment and Management of
Examples include but are not limited to:
Complex Disease States
••• Patients requiring medical
❖ Medication Administration
detoxificationlwithdrawal management
❖ Activities of Daily Living
•'• Individuals with non -stable medical conditions
Assistance
❖
such as: need for kidney dialysis, wired jaws, newly
Alcohol Detoxification
started on blood thinning medication;
•'# Individuals who are mobility impaired andlor not
independent in activities of daily living;
❖ Individuals requiring IV therapy or with central
lines in place;
❖ Individuals who are acutely ill, post -surgical, who
require convalescent care, and those with
conditions requiring extensive treatment and
frequent monitoring; and
❖ Individuals with severe respiratory problems
requiring nebulizer treatments, oxygen and close
observation.
Inmates are formally admitted to infirmary care following
assessment by a physician or nurse practitioner and then
monitored daily by provider and nursing staff. Discharge
from the infirmary occurs either at -the time of release from
jail or as the patient's condition improves and can be safely
managed in general population housing. Some individuals
remain in infirmary care for the duration of their
incarceration.
24
COUNCIL MEETING DATE: October 18, 2022
ITEM #:
7f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JAIL SERVICES CONTRACT — ISSAQUAH CITY JAIL
POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Issaquah City
Jail for jail services at the cost of approximately $401,500 annually?
COMMITTEE: PRHS&PSC MEETING DATE: Oct 11, 2022
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police M_
Attachments:
1. Staff Report
2. Issaquah City Jail Contract
Options Considered:
1. Approve the execution of this contract
2. Do not approve this amendment
MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract
MAYOR APPROVAL:
Initial/Date Or Initial/Date
DIRECTOR APPROVAL: — 4¢ +yl�y.
lnitial'!7 tc
COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to
the Ocher 18, 2022, Council consent agenda for approval.
ittee Chail Committee Member
PWOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Issaquah City Jail and
authorize the Mayor to sign said agreement".
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 12/2017
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 11, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Jail Services Contract — Issaquah City Jail
Financial Impacts:
The Issaquah City Jail is one of the jail services providers we utilize to house our inmates.
The projected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed
rate, would be approximately $401,500.
BackL-round Information:
On January 1, 2020, the Federal Way Police Department moved away from a sole source jail
services provider and began utilizing multiple jail facilities to accommodate our jail services
needs while also creating an overall annual savings of $2,085,672 to our jail budget. Since
the transition, the department has operated within the allocated budget in part due to the
reduction of jail services COVID pandemic.
The Issaquah City Jail is one of the jail services providers we utilize to house our inmates.
The projected annual cost to utilize the Issaquah City Jail, based on a ten (10) bed guaranteed
rate, would be approximately $401,500. Issaquah City Jail currently has the best guaranteed
bed rate amongst the j ail services providers that we currently utilize at $110 per day. As this
time, even with the increases experienced at our other jail services providers, the daily rate at
the Issaquah City Jail remained consistent with the 2022 rate.
I recommend we continue with this agreement.
Rev. 7/18
INTERAGENCY AGREEMENT BETWEEN THE CITY OF ISSAQUAH, WASHINGTON AND FEDERAL WAY,
WASHINGTON, FOR THE HOUSING OF INMATES IN THE ISSAQUAH CITY JAIL
This agreement is between the City of Issaquah, a municipal corporation of the State of
Washington (hereinafter "Issaquah") and the City of Federal Way, a municipal corporation of the State
of Washington (hereinafter "Federal Way")
Recitals
Whereas, RCW 39.34 and RCW 70.48, allows local governmental units to make the most
efficient use of their powers by enabling them to cooperate and enter into agreements with each other
for providing jail services; and
Whereas, Federal Way wishes to designate the Issaquah Jail as a place of confinement for
incarceration through the use of 10 (ten) guaranteed beds; and
Whereas, in an effort to streamline administrative procedures and ensure that the daily rate
charge for ten guaranteed non-gendered specific beds to house inmates at Issaquah's jail is consistent
with the current operating costs, it is necessary to enter into a standardized interagency agreement; and
Whereas, the governing bodies of each of the parties hereto have decided to enter into this
Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended;
ow, therefore, in consideration of the above and foregoing recitals, the payments to be made,
the mutual promises and covenants herein contained, and for other good and valuable considerations,
the parties hereto agree to the terms and conditions set forth herein:
1. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter
relating to inmate confinement pursuant to this Agreement.
2. EFFECTIVE DATE
This Agreement shall be effective when both parties have executed this contract and this
document has been listed on Issaquah's website in accordance with RCW 39.34.040
3. TERMINATION
(A) This agreement shall be of indefinite duration. Provided, however, either party may
elect to terminate this Agreement by giving written notice of termination to the
other party. Said termination shall be effective ninety (90) days from the date of
receipt of said written notice.
Page 1 of 9
(B) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Issaquah for inmates housed by the Issaquah Jail after notice of
termination until Federal Way retakes its inmates in the same manner and at the
same rates as if this Agreement had not been terminated and the provisions of this
Agreement, including by way of illustration and not limitation, Indemnity, shall
remain in force until such time as all inmates from Federal Way have been retaken.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following:
City of Issaquah: Chief of Police
Issaquah Police Department
130 E. Sunset Way
Issaquah, Washington 98027
Contact: Issaquah Jail Manager
City of Federal Way: Chief of Police
Federal Way Police Department
33325 8th Ave S, Suite 101
Federal Way, Washington 98003
Contact: Federal Way Administrative Commander
5. COMPENSATION
(A) Guaranteed Bed Rate. Issaquah agrees to accept and house non-gendered specific inmates
at the daily ten 10 guaranteed bed rate of $110.00 per bed day. The $110.00 per bed per
day rate shall be assessed for each day the contract is in effect regardless of occupancy by a
Federal Way inmate.
(B) Non -Guaranteed Bed Rate. Federal Way may purchase additional beds, as available, at the
daily rate of $110.00 per bed day. However, Issaquah shall have the right to refuse to
accept custody or house Federal Way inmates in excess of ten (10) bed guaranteed
commitment.
(C) Billing and Payment. Issaquah agrees to provide a monthly invoice for the ten guaranteed
beds by the 30th of each following month. Federal Way agrees to make payment to Issaquah
within 30 days of receipt of the undisputed portion of such bill for the amount billed for the
previous calendar month. Issaquah agrees to provide Federal Way with an itemized bill for
inmates housed in addition to the Guaranteed Bed Rate listing all names of inmates who are
housed, the number of days housed (including date of booking and date of releases), and
Page 2 of 9
the dollar amount due for each. Issaquah agrees to provide said bill by the 30th of each
following month. Federal Way agrees to make payment to Issaquah within 30 days of
receipt of the undisputed portion of such bill for the amount billed for the previous calendar
month.
(D) Rate Increases. Issaquah may increase guaranteed and non -guaranteed rates from time -to -
time but no more frequently than once per year, in order to reflect increased costs.
Issaquah will give Federal Way at least ninety (90) days advance written notice of the
increased rate prior to implementation.
6. AGREEMENT AMMENDMENTS
(A) Guaranteed beds. Federal Way may cancel the reserved beds, in whole or in part, at any
time by providing written notice to the Jail Manager for the City of Issaquah. The notice
shall be provided at least ninety (90) days in advance of the effective date of the
cancellation. Issaquah may cancel the reserved beds, in whole or in part, at any time by
providing written notice to Federal Way at least ninety (90) days in advance of the effective
date of the cancellation.
(B) Changes in law or regulations. Any changes in law or regulations governing jail operations
impacting this Agreement will be addressed in an amendment to the Agreement.
7. SERVICES PROVIDED
Issaquah agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those
offenses that have been committed. by adults within Federal Way'sjurisdiction.
8. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Issaquah to confine the inmate or inmates; to provide treatment,
including the furnishing of subsistence and all necessary medical and hospital services and
supplies; to provide for inmates' physical needs; to retain them in said custody; to supervise
them; to maintain proper discipline and control; to make certain that they receive no special
privileges and that the sentence and orders of the committing court in the State are faithfully
executed; provided that nothing herein contained shall be construed to require Issaquah, or any
of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to
this Agreement, which it does not provide for similar inmates not confined pursuant to this
agreement. Issaquah shall provide facilities for consultation and communication between
inmates and their legal counsel or public defender. It shall also be the responsibility of Issaquah
to calculate "good time" accrued in and subsequent release of inmates in accordance with the
Issaquah Jail's standard practice and procedures related to inmates housed in the Issaquah Jail.
9. RIGHT TO REFUSAL
Issaquah shall have the right to refuse to accept any inmate from Federal Way who, in the
judgment of Issaquah, has a current illness or injury which may adversely affect the operations
of the Issaquah Jail, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property or themselves.
Page 3 of 9
10. HOUSING DECISIONS
In order to manage its jail population, Issaquah reserves the right to decide where Federal Way
inmate(s) will be housed. In the event that Federal Way inmate is transferred to another jail
facility. Federal Way's obligation to pay the daily rate to Issaquah will cease and Federal Way
obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with
that other agency operating the jail facility. This section only applies to those inmates housed at
Issaquah Jail under the non -guaranteed bed rate.
11. RETAKING OF INMATES
Upon request from Issaquah, Federal Way shall, at its expense, retake any Federal Way inmate
within twelve (12) hours after receipt of such request. In the event the confinement of any
Federal Way is terminated for any reason, Federal Way, shall, at its expense, retake such inmate
from Issaquah.
12. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE
Federal Way law enforcement officers placing Federal Way misdemeanants in the Issaquah Jail
shall, in every instance, first furnish an arrest warrant, citation, court order, or judgement and
sentence, to the Issaquah Jail upon booking of an inmate. Federal Way is also responsible for
providing Issaquah Jail with a complete bail schedule no later than January 1 of each year.
13. NON -ASSIGNABILITY
Federal Way agrees to not sublet any of their guaranteed beds to any jurisdictions. This
Agreement may not be assigned by either party.
14. TRANSPORTATION
Federal Way inmates incarcerated in Issaquah pursuant to this Agreement shall be transported
to Issaquah by and at the expense of Federal Way and shall be returned, if necessary, to Federal
Way by Federal Way personnel and at Federal Way's expense. Issaquah is not responsible for
transportation of Federal Way inmates under this agreement and shall be reimbursed by Federal
Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an
inmate by Issaquah becomes necessary including if the transport was a result of a warrant, or
medical appointment. Such transportation shall be calculated based upon the time required for
transport at the correction officer over time rate of $55.00 per hour.
15. RECORDS AND REPORTS
Issaquah shall keep all necessary and pertinent records concerning such inmates incarcerated in
the Issaquah Jail. During an inmate(s confinement in Issaquah, Federal Way shall upon request,
be entitled to receive and be furnished with copies of any report or record associated with said
inmate(s) incarceration, as may be permitted by law.
16. MEDICAL TREATMENT
Page 4 of 9
(A) Inmates shall receive medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while hosed in the Issaquah Jail. Issaquah shall provide
for routine medical services in the Issaquah Jail. Examples of medical services which may be
provided in the Issaquah Jail but which are not routine, and for which Federal Way shall be
billed include, but are not limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment,
and hemophiliac treatment. Federal Way shall be responsible for any and all medical,
dental or mental health costs incurred by or on behalf of an ALAX inmate including but not
limited to prescriptions, appliances, supplies, emergency transport associated with the
delivery of any emergency and/or medical service provide to Federal Way inmates.
(B) If Issaquah becomes aware that a Federal Way inmate is in need of medical health care
requiring the assistance of a medical health care services provider, then Issaquah shall make
reasonable efforts to notify Federal Way prior to obtaining said service. If Federal Way is
contacted and does not authorize Issaquah to obtain the service, then Federal Way shall
within one hour pick up the inmate from the Jail. Provided, i9n the case of emergency,
Issaquah may notify Federal Way after the service has been provided.
(C) An adequate record of all such services shall be kept by Issaquah in accordance with HIPPAA
regulations for Federal Way's review at its request. Any medical or dental services of major
consequence shall be reported to Federal Way as soon as time permits.
(D) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal
Way inmate regarding hospitalization. If necessary, Federal Way shall reimburse Issaquah
dollar for dollar any amount expended or cost incurred by Issaquah in providing the same.
Upon payment from Federal Way for the inmate's health care expense, Issaquah will assign
to Federal Way, if requested by Federal Way, any and all right to reimbursement for medical
expenses authorized under RCW 70.48.130. Except in emergencies, Federal Way will be
notified by contacting a duty supervisor at the Federal Way Police Department prior to the
inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking
the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a
hospital, Issaquah shall notify Federal Way as soon as possible of transport. Federal Way is
responsible for providing security during any time of hospitalization.
17. DISCIPLINE
Issaquah shall have physical control over and power to exercise disciplinary authority over all
inmate of Federal Way. However, nothing contained herein shall be construed to authorize or
permit the imposition of any type of discipline prohibited by the constitution and laws of the
State of Washington or the constitution and laws of the United States.
18. REMOVAL FROM THE JAI
An inmate from Federal Way legally confined in Issaquah shall not be removed from there by
any person except:
(A) When requested by Federal Way Police Department in writing authorizing such release; or
(B) Upon court order in those matters in which said court has jurisdiction over such inmate; or
(C) For appearance in the court in which a Federal Way inmate is charged; or
Page 5 of 9
(D) In compliance with a Writ of Habeas Corpus; or
(E) For interviews by Federal Way attorney or member of Federal Way Police Department; or
(F) If the inmate has served their sentence, or the charge pending against said inmate has been
dismissed, or bail or other recognizance has been posted as required by the courts; or
(G) For other scheduled court appearance, including those for which they are not being held; or
(H) Upon the execution of the Standards of Release Administrative Order No. 2013-01; or
(1) For medical care and court ordered evaluations.
19. LOSS OF USE
The parties understand that there may be times when conditions at the Issaquah Jail, such as
required maintenance or repairs, may cause some or all of the reserved beds to be temporarily
unavailable. Issaquah agrees to provide as much notice as is reasonably practicable if any or all
of the reserved beds will be temporarily unavailable and will endeavor to keep any such
unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of
this agreement or entitle Federal Way to any compensation from the Issaquah. During any period
of unavailability, Federal Way will be relieved of the obligation to pay for any unavailable beds.
20. DISPUTE BETWEEN FEDERAL WAY AND ISSAQUAH
Should a dispute arise as to the application, compensation, enforcement, or interpretation of
this Agreement between Federal Way and Issaquah, the parties shall first attempt to resolve
such disputes through good faith and reasonable negotiations. However, if a dispute cannot be
resolved through direct discussions, the parties agree to endeavor first to settle the dispute in
an amicable manner by mediation administered under JAMS Alternative Dispute Resolution
service rules or policies before resorting to arbitration. The mediator may be selected by
agreement of the parties or through JAMS. Following mediation, or upon mutual written
agreement of the parties to waive mediation, any unresolved controversy or claim arising from
or relating to this Agreement or breach thereof shall be settled through binding arbitration,
which shall be conducted under JAMS rules or policies. The arbitrator may be selected by
agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration
shall be borne by the parties equally, however, each party shall bear the expense of its own
counsel, experts, witnesses, and preparation and presentation of evidence.
21. INDEMNIFICATION
Issaquah agrees to defend, indemnify and hold Federal Way harmless from any and all
claims, lawsuits, or other legal actions and from all costs including reasonable attorney's
fees which arise out of any alleged wrongful or negligent act or omission by any officer,
agent, or employee if Issaquah occurring subsequent to any claimant's entry into the
Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail.
In addition, Issaquah shall maintain a policy of liability insurance with limits of not less
than $1,000,000, naming the Federal Way as an additional insured thereon, provided,
that Federal Way shall accept a certificate from the WCIA certifying that Issaquah is a
Page 6 of 9
member in good standing and has contractual indemnity coverage applicable to the
requirements of this paragraph in fulfillment of insurance requirements.
Federal Way agrees to defend, indemnify and hold Issaquah harmless from any and all
claims, lawsuits, or other legal actions and from all costs including reasonable attorney's
fees which arise out of any alleged wrongful arrest, false imprisonment, or other
wrongful or negligent act or omission by any agent, officer or employee of Federal Way.
In addition, Federal Way shall maintain a policy of liability insurance with limits of not
less than $1,000,000, naming Issaquah as an additional insured thereon, provided, that
Issaquah shall accept a certificate from the WCIA certifying that Federal Way is a
member in good standing and has contractual indemnity coverage applicable to the
requirements of this paragraph in fulfillment of insurance requirements.
22. REQUIRED ELEMENTS
In accordance with the requirements of RCW 39,34.030, the following provisions, stipulations
and/or waivers are adopted:
(A) This Agreement has been approved by the governing bodies of each of the participating
agencies/
(B) No separate organization or separate legal or administrative entity is created by this
Agreement.
(C) Each party to this Agreement shall maintain its own separate budget in accordance with the
provision of Title 35 and 35A RCW an no joint or cooperative budget shall be undertaken.
(D) The terms of this Agreement do not contemplate the acquisition of any property. However,
in the event any property is acquired for the performance of this Agreement, upon
termination of this Agreement, said property shall be sold and the proceeds shall remain
with Issaquah.
(E) This Agreement shall be administered by the Chiefs of Police, or their representative, from
Issaquah and Federal Way.
23. CONCURRENT ORIGINALS
This Agreement may be executed in any number of counterparts, which counterparts shall
collectively constitute the entire Agreement.
24. ENTIRE AGREEMENT
The written provisions and terms of this Agreement, together with any attachments, supersede
all prior written and verbal agreements and/or statements by any representative of the parties,
and those statements shall not be construed as forming a part of or altering in any manner this
Agreement. Any prior written and/or oral agreement between the parties pertaining to jail
services is terminated and superseded by this Agreement. This Agreement and any attachments
contain the entire Agreement between the parties. Should any language in any attachment
conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
Page 7 of 9
25. PREA ACKNOWLEDGEMENT— CUSTODIAL AND SEXUAL MISCONDUCT
(A) Compliance - Issaquah agrees to ensure that all of its employees, contractors, vendors, and
volunteers that have contact with Federal Way Inmates comply with all federal and state
laws regarding sexual misconduct including, but not limited to:
a_) The Prison Rape Elimination Act of 2003 (PREA)
b) The standards for adult Prisons and Jails or Community Confinement Facilities,
whichever is applicable, as promulgated by the US Attorney, and
c) Zero tolerance toward all forms of sexual abuse and sexual harassment.
(B) Monitoring - Issaquah agrees to provide the Federal Way documented compliance with the
Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to:
a) Site visits,
b) Access to facility data, and
c) Review of applicable documentation.
(C) Federal Way may terminate this Agreement
a) Should Issaquah fail to provide documentation that demonstrates that the Issaquah
Jail is actively and effectively working toward and is making substantive progress toward
achieving compliance; or
b) Should Issaquah fail to maintain PREA compliance between auditing periods, after
being given a reasonable opportunity to cure.
(D) Federal Way will terminate this Agreement
a) Should Issaquah elect to discontinue pursuit of PREA compliance;
b) Should Issaquah be found in noncompliance through a PREA Audit and fail to cure
such noncompliance within the identified time -frames; or
c) Should Issaquah be found to be in egregious violation of PREA.
26. SEVERABILITY
Should any provision of this Agreement be determined to be unenforceable by a court of law,
such provision shall be severed from the remainder of the Agreement, and such action shall not
affect the enforceability of the remaining provisions herein.
Page 8 of 9
IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so,
acknowledge that they have read this Agreement, understand its terms, and enter this
Agreement in a knowing, intelligent, and voluntary manner.
CITY OF ISSAQUAH
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
CITY OF FEDERAL WAY
By: Jim Ferrell
Its: Mayor
Date:
ATTEST:
By: Stephanie Courtney
Its: City Clerk
Date:
APPROVED TO AS FORM:
By: By: J. Ryan Call
Its: [ts: City Attorney
Date: Date:
Page 9 of 9
_.m,. —....� ..... .....
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONSIDERATION OF 2023 PROPERTY TAX LEVY — PUBLIC HEARING PER RCW 84.55.120
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
0 City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Groom DEPT: Finance
Attachments: King County Preliminary Levy Limit Vl/orksheet
King County Levy Ordinance�
Background: A Public Hearing will be held on the 2023 Property Tax Levy (in compliance with State Statute
RCW 84.55.120) on October 18, 2022.
The City Council must review and authorize the 2023 Property Tax Levy ordinance prior to the King County
deadline of Nov. 30t1i. Budget documents have been provided to City Council with staff presentations given in
publicly -noticed City Council Meetings
The purpose of this meeting is for any person to appear and be heard for or against any part of the proposed property
tax levy.
MAYOR'S RECOMMENDATION: N/A
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COAIPLETED 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 #
PRELIMINARY
LEVY LIMIT WORKSHEET - 2023 Tax Roll
TAXING DISTRICT: City of Federal Way
the folloning detenidnation of your regular lety limit for 2023 properh. taxes is pro•ided 6y the King County
Assessor pursuant to RCiV 84.55.100.
A=exed to Fire District 39 Estimated Fire rate: 1.25194
sexed to Library District (\Tote 1) Estimated Library rate: 0.23473
Using Limit Factor Using Implicit
For District Calculation of Limit Factor Levy Price Deflator
11,565,756 Levy basis for calculation: (2022 Limit Factor) (Note 2) 11,565,756
1.0100 x Limit Factor 1.0646
11,681,414 = Levy 12,312,557
61.067,698 Local new construction 61,067,698
0 + Increase in utility value (Note 3) 0
61,067,698 = Total new construction 61,067.698
0.81689 x Last year's regular levy rate 0.81689
49,886 = New construction levy 49,886
11,731,300 Total Limit Factor Levy 12,362,443
Annexation Levy
0
Omitted assessment levy (Note 4)
0
11,731,300
Total Limit Factor Levy + new lid lifts
12,362.443
17,125,700,558
_ Regular levy assessed value less annexations
17.125.700,558
0.68501
= Annexation rate (cannot exceed statutory maximum rate)
0.72186
0
x Annexation assessed value
0
0
= Annexation Levy
0
Lid lifts, Refunds and Total
0
+ First year lid lifts
0
11.731,300
+ Limit Factor Levy
12.362.443
11,731,300
= Total RCW 84.55 levy
12,362,443
41,245
+ Relevy for prior year refunds (Note 5)
41,245
11.772.545
= Total RCW 84.55 levy + refunds
12,403,688
Levy Correction: Year of Error +or-
11,772,545
ALLOWABLE LEVY Note 6
12.403.688
Increase Information (Note 7)
0.68742
Levy rate based on allowable levy
0.72427
11.608,378
Last year's ACTUAL regular levy
11,608,378
73.036
Dollar increase over last year other than N/C — Annex
704.179
0.63°%
Percent increase over last year other than N1C — Annex
6.07°%
Calculation of statutory levy
Regular levy assessed value (Note 8)
17,125.700,558
x Maximum statutory rate
2.11333
= Maximum statutory levy
36,192,257
+Omitted assessments levy
0
=Maximum statutory levy
36,192,257
Limit factor needed for statutory levy
Not usable
ALL YEARS SHOWN ON THIS FORDI ARE THE PEARS INT WHICH THE TAX IS PAYABLE.
Please read carefully? the Motes on the reverse side.
10 09 _P\f
L,_- doc
By Ordinance 2152 of the Metropolitan King County Council, Taxing Districts are
required annually to submit the following information regarding their tax levies for
the ensuing year as part of a formal resolution of the District's governing body.
THE KING COUNTY ASSESSOR HAS NOTIFIED THE GOVERNING BODY OF
City of Federal Way THAT THE ASSESSED VALUATION OF PROPERTY
LYING WITHIN THE BOUNDARIES OF SAID DISTRICT FORTHE ASSESSMENTYEAR 2023 IS:
$
17,125,700,558
REGULAR (STATUTORY) LEVY (AS APPLICABLE):
EXPENSE FUND
$
11,772,545
- LID LIFT NAME
$
- LID LIFT NAME
$
RESERVE FUND
$
NON -VOTED G.O. BOND (Limited)
$
REFUNDS (Noted on worksheet)
$
50,000
TOTAL REG U LAIR LEVY
$
11,907,158
EXCESS (VOTER APPROVED) LEVY:
(Please list authorized bond levies separately.)
G.O. BONDS FUND LEVY
$
G.O. BONDS FUND LEVY
$
G.O. BONDS FUND LEVY
$
SPECIAL LEVIES (INDICATE PURPOSE AND DATE OF ELECTION AT WHICH APPROVED,
EXCEPT
LID LIFTS):
TOTAL TAXES REQUESTED:
$
11,907,158
THE ABOVE IS A TRUE AND COMPLETE LISTING OF LEVIES FOR SAID DISTRICT FOR TAX YEAR
2023 AND THEY ARE WITHIN THE MAXIMUMS ESTABLISHED BY LAW.
(AUTHORIZED SIGNATURE)
( DATE)
:i
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CONSIDERATION OF 2023-24 BIENNIAL BUDGET — PUBLIC HEARING PER RCW 35A.34.090
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
C1 City Council Business ❑ Resolution ❑ Other
STAFF REPORTBY: Steve Groom DEPT: Finance
Attachments: 2023-2024 Biennium Budget Calendar
Background: Public Hearings will be held on the 2023-24 Biennial Budget on October 18" and November I" at
regularly -scheduled City Council meetings at 6:30 pm.
The City Council must review and authorize the adoption of the fiscal biennium budget for 2023-24. The Mayor's
Budget document was posted on the City website, was provided to City Council members, and staff presentations,
with opportunities for questions and discussion, were given at publicly -noticed City Council study session meetings
on September 20, 26, 29, and on October 4 and 18.
The purpose of this meeting is for any person to appear and be heard for or against any part of the budget.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A f DIRECTOR APPROVAL: 1 1 ZZ
Committee • Coune nitiamate
Initial/Dite IniSiallD;ite
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
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 #
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
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
■ Finance; Human Resources; City Clerk's Office; Legal; Community Development;
Economic Development; Emergency Management; Information Technology, City
Council and Mayor's Office
• Parks Department, Performing Arts & Event Center, Dumas Bay, and Federal Way
Community Center
Thursday, September 29, 2022 at 5:00 p.m. Workshop/Study Session
Budget Presentations Continued:
• Police Department and Public Works
• Debt: Operations Shop and Capital Planning
Tuesday, October 4, 2022 at 5:00 p.m. Workshop/Study Session
m 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 (RCW 84.55.120)
Preliminary Public Hearing: 2023-2024 Biennial Budget (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 (RCW 35A.34)
• Introduction Ordinance/2023-2024 Biennial Budget
• Introduction Ordinance/2023 Property Tax Levy
Tuesday, November 15, 2022 at 6:30 p.m. Regular City Council Meeting
• Enactment Ordinance/2023-2024 Biennial Budget
Enactment Ordinance/2023 Property Tax Rate
0 Resolution/2023 Fee Schedule
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CORLISS LITIGATION SETTLEMENT APPROVAL
POLICY QUESTION: Should the City Council approve execution of the settlement agreement between the City
and Corliss?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Kent van Alstyne, Assist. City Attorney DEPT: Law
Attachments: 1. Staff Report
2. Settlement Agreement
Options Considered:
1. Authorize approval and execution of the proposed settlement.
2. Do not authorize approval and execution of the proposed settlement.
MAY-.OR'S. RECOI AI:E_ RATION: Option I ..
MAYOR APPROVAL: N/A DIRECTOR APPROVAL: � A to/4-Am �qQC
Committee Co ril 111iti:11.-V: [c
Initial/Date Initial Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S): "I move approval of the settlement agreement and authorize execution of all
required documents. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 12, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
Kent van Alstyne, Assistant City Attorney
SUBJECT: Plant 2, LLC ("Corliss") Litigation Settlement
Financial Impacts:
Under the terms of the proposed settlement agreement ("Settlement Agreement"), Corliss
will pay the City $67,300.00. Any staffing requirements incurred to execute required actions
under the Settlement Agreement, such as dismissal of the lawsuit, will be internalized by
existing staff.
Background Information:
Corliss is the owner of 35053 16th Ave S 98003, Federal Way ("Corliss Property"). On
December 18, 2020, the City issued a Notice of Development Code and Water Quality
Violation ("NOV") to Corliss regarding unpermitted paving of several thousand square feet
of the Corliss Property. Corliss appealed the NOV to the City Hearing Examiner in
December, 2020.
On March 9, 2021, the Hearing Examiner largely upheld the City's NOV, but granted the
appeal in small part ("HEX Decision"), providing that Corliss could either (1) submit a
corrective action plan to remove the paving within 30 days of the HEX Decision, or (2)
submit all required plans, applications, and supporting documentation to undertake the
corrective actions identified in the NOV within 30 days of the HEX Decision.
On March 26, 2021, Corliss appealed the HEX Decision to Pierce County Superior Court
under the Land Use Petition Act, Chapter 36.70C RCW ("LUPA Appeal"). The LUPA
Appeal was subsequently stayed by stipulation, and is currently pending transfer to King
County Superior Court.
Corliss failed to timely comply with either of the corrective actions provided in the HEX
Decision. The City subsequently issued several notices of accruing fines based on Corliss'
noncompliance with the terms of the HEX Decision.
On January 5, 2022, Corliss completed removal of the paving at issue in the NOV, which
was subsequently confirmed by City inspectors.
As of January 4, 2022, the total amount of accrued fines based on Corliss' noncompliance
with the terms of the HEX Decision was $134,600.00.
Settlement Summary:
■ Corliss will pay the City a $67,300.00 fine. The remaining 50% of the accrued fine
shall be forgiven and reduced to $0.00.
• The pending LUPA Appeal in Superior Court shall be dismissed with prejudice,
without an award of costs or fees to any party.
2
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ("Agreement") is entered into on the date of the
final signature below, by the City of Federal Way, a Washington municipal corporation ("City"),
and Plant 2, LLC, ("Plant 2") (collectively, the "Parties").
I. RECITALS
A. Plant 2 is the owner of that certain real property in King County ("County"),
Washington, commonly known as 35053 16th Ave S 98003, County Parcel No. 2021049116
("Property").
B. On December 18, 2020, the City issued a Notice of Development Code and Water
Quality Violation ("NOV") to Plant 2 regarding unpermitted paving of the Property.
C. On December 29, 2020, Plant 2 appealed the NOV to the City Hearing Examiner.
D. On March 9, 2021, the Hearing Examiner granted the appeal in part ("HEX
Decision"), providing that Plant 2 could either (1) submit a corrective action plan to remove the
paving within 30 days of the HEX Decision, or (2) submit all required plans, applications, and
supporting documentation to undertake the corrective actions identified in the NOV within 30 days
of the HEX Decision.
E. On March 26, 2021, Plant 2 appealed the HEX Decision to Pierce County Superior
--Court under the Land Use Petition Ac4,-Chapter 36 70C-RCW- "LUPA Appeal")-T-he-LUPA-
Appeal was subsequently stayed by stipulation, and is currently pending transfer to King County
Superior Court.
F. Because of the appeal and stay, Plant 2 did not timely comply with either of the
corrective actions provided in the HEX Decision. The City subsequently issued several notices of
accruing fines based on Plant 2's noncompliance with the terms of the HEX Decision.
G. On January 5, 2022, Plant 2 completed removal of the paving at issue in the NOV.
On January 12, 2022, City inspectors confirmed that Plant 2 had removed the paving, and that
there were no other known or pending enforcement actions relating to the Property.
H. As of January 4, 2022, the total amount of accrued fines based on Plant 2's
noncompliance with the terms of the HEX Decision was $134,600,00.
I. Without admission of fault, liability, or wrong -doing, and to avoid the time,
expense, and uncertainty of further litigation, the Parties wish to resolve the above -described issues
(the "Dispute") by this Agreement.
II. AGREEMENT
In consideration of the promises and obligations set forth below, the sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. Incorporation. The Parties hereby incorporate by reference the above Recitals, as
though fully set forth herein.
2. Fine Payment. Plant 2 shall pay the City the amount of $67,300.00 within ninety
(90) days of execution of this Agreement.
3. Fine Reduction. Provided that Plant 2 fully complies with the fine payment
outlined in section II.2, the remaining accrued fine amount of $67,300.00 shall be forgiven and
reduced to $0.00.
4. Dismissal of LUPA Appeal. The Parties shall execute and file a stipulated motion
and order dismissing the LUPA Appeal with prejudice and without an award of costs or fees to
either party within twenty-one (21) days of execution of this Agreement.
5. Release. Except as to any assertion of breach of the terms of this Agreement, the
Parties mutually and completely release and forever discharge each other and their agents,
employees, owners, shareholders, principals, officers, directors, attorneys, insurers, successors and
assigns, of and from any and all claims of any kind whatsoever which the Parties now have, or
may hereafter -acquire, on -account of, growing out of, -or -related to the Dispute, whether-pre-sentl�
known or unknown. The release in this Section shall be fully binding upon the Parties, their
assigns, and successors.
6. Entire Agreement and Successors in Interest. This Agreement contains the
entire agreement between the Parties with regard to the matters set forth herein and shall be binding
upon and inure to the benefit of the executors, administrators, personal representatives, heirs,
successors, and assigns of each. No promises of any kind have been made in connection with this
settlement, other than as stated in this Agreement.
7. Attorneys' Fees and Costs. Each Party shall each bear its own attorneys' fees and
costs related to the Dispute. In any legal action arising out of this Agreement, the prevailing party
shall recover its reasonable attorney's fees and costs.
8. No Admission. It is understood and agreed by the Parties that this settlement is a
compromise of a dispute, and nothing set forth herein shall be construed as an admission of liability
on the part of either Party.
9. _Warranty of 011 nersbip of Claims. The Parties represent and warrant that no
other person or entity has, or has had, any interest in any claims, demands, obligations, or causes
of action referred to in this Agreement except as otherwise set forth in this Agreement. The Parties
represent and warrant that they have not sold, assigned, transferred, conveyed, or otherwise
disposed of any claims, demands, obligations, or causes of action referred to in this Agreement.
10. Understanding of Document. In entering into this Agreement, the Parties
represent that they have read the terms of this Agreement and have relied upon the legal advice of
their own attorneys. The Parties represent that the terms of this Agreement have been completely
explained to them by their attorneys and that the terms of this Agreement are fully understood and
voluntarily accepted. If the Parties entered into this Agreement without the aid of their own
attorney, they acknowledge that they were provided a full and fair opportunity to review the
Agreement with an attorney of their choice prior to executing the same.
11. Governing Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington.
12. Execution of Agreement. This Agreement may be executed by facsimile or
e-mailed signature of the Parties on separate signature pages, each of which shall be deemed an
original for all purposes.
By: By:
Its: Its:
Date: Date:
STATE OF WASHINGTON)
ss.
COUNTY OF )
On this day personally appeared before me
Mayor, Jim Ferrell
to me known to be the
of Plant 2, 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 , 2022.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
9b
COUNCIL MEETING DATE: October 18, 2022 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: MODIFYING THE CITY'S REGULATION OF SHOPPING CARTS
POLICY QUESTION: Should the City adopt an ordinance modifying the City's currently existing code regulating
shopping carts?
COMMITTEE: PRHSPSC
CATEGORY:
MEETING DATE: October 11, 2022
❑ Consent Ordinance ❑ Public Hearing
City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kent van Alstyne, Assistant City Attorne DEPT: LAW
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Initial/Date
DIRECTOR APPROVAL: U ` C V.02 Z
ioitiafldale
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to the October 18, 2022 Council
meeting for discussion
i
Chair Committee Member
P�I7POSED COUNCIL MOTION(S):
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 11/2019 RESOLUTION 9
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 4, 2022
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
Kent van Alstyne, Assistant City Attorney
SUBJECT: Modifying the City's Regulation of Shopping Carts
Financial Inivacts:
City of Federal Way ("City") Staff have proposed allocating $250,000 in the 2023 City
Budget to finance operation and enforcement of the shopping cart program. This budget
allocation would cover additional required staffing (administrative, field worker), as well as
equipment and operational costs (storage for personal property, truck and trailer).
All other. staffing_ requirements not covered by the proposed budget allocation incurred
through enforcement of the abandoned shopping cart program would be internalized among
existing personnel.
Bacltround Inforrnatio_n_:
A. Current Shopping Cart Regulation in the City
In 2018, the City Council passed Ordinance No. 18-858, which first established regulations
specifically governing abandoned shopping carts in the City — meaning that the cart is not
currently in anyone's possession. The City's abandoned shopping cart regulations are
codified in Chapter 7.25 of Federal Way Revised Code ("FWRC"). Chapter 7.25 FWRC
currently regulates abandoned shopping carts by:
(1) requiring identification signs on all shopping carts in the City in compliance with
state law;
(2) providing for an impoundment program for abandoned shopping carts on public and
private property with associated owner notification; and
(3) charging shopping cart owners impound fees, but deferring such fees for the first
three carts attributable to each owner each month if the owner has established
security measures to prevent removal of the shopping carts from the premises.
Violations of current Chapter 7.25 FWRC are enforceable under the standard mechanisms for
civil enforcement of code. While the current code regulates abandoned shopping carts, there
is no current civil regulation in code of other shopping carts off the store's property in
possession of a person.
In addition to the civil regulation of abandoned shopping carts in the City, the City has
adopted into code the misdemeanor offense of shopping cart theft in RCW 9A.56.270.Only
unauthorized removal or possession of shopping carts with required identification signs
constitutes a crime. The maximum penalty under state law for shopping cart theft is a $1,000
fine, and 90 days in jail. Shopping cart theft in the city is enforced through the police
department.
B. Proposed Modifications to Shopping Cart Regulation
The proposed ordinance contains several amendments to shopping cart regulation in the City
("Ordinance"). Specifically, the Ordinance:
(1) makes possession of a shopping cart (whether appropriately signed or not) in a City
right-of-way a Class III infraction, and specifically makes shopping cart found in the
city right-of-way subject to seizure;
(2) expands the impound program to cover both impounds of abandoned shopping carts,
as well as seizures o..f sfolen shopping. carts a.nd_a.ny__shopping. carts illegally in the
right-of-way;
(3) modifies the impound/seizure fees to exempt all carts that have a legally sufficient
identification sign;
(4) provides that the city must develop procedures for appropriate treatment and storage
of personal property in seized shopping carts;
(5) establishes a stand-alone provision in the City criminal code related to shopping cart
theft, similar to the current provisions regarding graffiti crimes.
The proposed modifications will allow for expanded impound and seizure of not only
abandoned shopping carts, but also stolen shopping carts with the required identification
signs, and any shopping cart found in the city right-of-way.
2
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the regulation of shopping carts within the City; amending FWRC
7.03.020, 7.25.030 and 7.25.040; adding a new section to Chapter 6.30
including section 6.30.070; and adding a new section to Chapter 7.25
including section 7.25.070. (Amending Ordinance No. 18-858.)
WHEREAS, Article XI, Section 11 of the Washington State Constitution authorizes the City
Council ("Council") of the City of Federal Way ("City") to make all local police and other
regulations so long as they do not conflict with general state laws; and
WHEREAS, RCW 35A.11.020 authorizes the Council to adopt and enforce ordinances
regulating municipal affairs and impose civil penalties not exceeding five thousand dollars and
criminal penalties as described by state law; and
WHEREAS, the Council has enacted the City's ordinances, some of which are set forth in the
Federal Way Revised Code (" FWRC") including Chapter 6, which regulates criminal activity in
support of public safety and welfare, and Chapter 7, which identifies public nuisances; and
WHEREAS, retail businesses provide shopping carts for the convenience of customers
shopping on the premises of the businesses; and
WHEREAS, abandoned, lost, and/or stolen shopping carts on public or private property
contribute to conditions of blight in the community and reduce property values; and
WHEREAS, such shopping carts on public or private property can obstruct free access to
sidewalks, streets, and other rights -of -way, interfere with pedestrian and vehicular traffic on
pathways, driveways, public and private streets, and impede emergency services; and
WHEREAS, on December 4, 2018, the Council passed Ordinance No. 18-858, which
Ordinance No. 22-_ Page I of 9
Rev 1/22
regulates abandoned shopping carts in the City as provided in Chapter 7.25 FWRC; and
WHEREAS, shopping cart theft, as defined in RCW 9A.56.270, is a misdemeanor in the
State of Washington; and
WHEREAS, the City has adopted RCW 9A.56.270 by reference in Chapter 6.30 FWRC; and
WHEREAS, the Council desires to modify and supplement the City's current regulation of
abandoned, lost, and/or stolen shopping carts in the City to benefit the public health, safety, and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by protecting public health and safety.
Section 2. Chapter 6.30.010 of the Federal Way Revised Code is hereby amended to read as
follows:
6.30.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes are adopted by reference:
9.26A.110 Fraud in obtaining telecommunications service — Penalty.
9.54.130 Restoration of stolen property — Duty of officers.
9A.56.010 Definitions.
Ordinance No. 22- Page 2 of 9
Rev 1/22
9A.56.020 Theft— Definition, defense.
9A.56.050 Theft in the third degree.
9A.56.060 Unlawful issuance of checks or drafts.
9A.56.096 Theft of rented, leased, or lease -purchased property.
9A.56.140 Possessing stolen property — Definition, credit cards, presumption.
9A.56.170 Possessing stolen property in the third degree.
9A.56.220 Theft of cable television services.
9A.56.240 Forfeiture and disposal of device used to commit violation.
9A.56.260 Connection of channel converter.
9A.56.280 Credit, debit cards, checks, etc. — Definitions.
Section 3. Chapter 7.03.020 of the Federal Way Revised Code is hereby amended to read as
follows:
7.03.020 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Abandoned" means any property, real or personal, which is unattended and either open or unsecured
so that admittance may be gained without damaging any portion of the property, or which evidences
indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris,
uncleanness, disrepair and, in the case of chattels, location. Length of time or any particular state of
mind of the owner or person entitled to possession are not conclusive in determining that property is
abandoned.
Ordinance No. 22- Page 3 of 9
Rev 1/22
"Abandoned or lost shopping cart" means any shopping cart left_ unattended or discarded upon mane
zt i4 foe n er's Witten eensent, and is-lee-ated an eAheT--aU_public property in the city or
private property other than the premises of the retail establishment from which the shopping cart was
removed.
"Attractive nuisance" means the circumstance or condition which may reasonably be expected to
attract young children and which constitutes a danger to such children. Attractive nuisances include
but are not limited to unused or abandoned refrigerators, freezers, or other large appliances or
equipment or any parts thereof, abandoned motor vehicles; any structurally unsound or unsafe fence
or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, or shaft; and any
lumber, trash, debris, or vegetation that may prove a hazard for minors.
"Building," in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway
car, cargo container, or other structure used for the lodging of persons or for carrying on business
therein, or for the use, sale or deposit of goods. Each unit of a building consisting of two or more
units separately secured or occupied is a separate building.
"Director" means the director of the community development department or a person designated by
the director of the community development department.
"Hearing officer" means the mayor, or his or her designated representative.
"Junle' means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery or
appliances or parts of such machinery or appliances, wood, debris, trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or junked, dismantled, wrecked or
inoperable motor vehicles or vehicular component parts.
Ordinance No. 22- Page 4 of 9
Rev 1 /22
"Junk vehicle" means any vehicle substantially meeting at least three of the following conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
"Junkyard" means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
"Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes, garbage,
wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and appliances,
junk, broken stone or cement, broken crockery, discarded building materials, inoperable bicycles or
bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding, tree and vegetation trimmings,
and all other trash, including abandoned inflammable materials, which are a fire hazard or a menace
to the public health, safety, or welfare.
"Shopping cart" means a basket mounted on wheels or a similar device of the type generally used in
a retail establishment by a customer for the purpose of transporting goods of any kind.
"Stolen shopping cart" means a shopping cart that is both:
(1) Marked with an identification sign in compliance with. FWRC 7.25.030, and
(2) Removed from the parking area of a retail establishment with the intent to deprive the owner of
the shopping cart the use of the cart.
Section 4. Chapter 7.25 of the Federal Way Revised Code is hereby amended to read as
follows:
Ordinance No. 22- Page S of 9
Rev 1/22
Chapter 7.25
ABANDONED SHOPPING CARTS
Section 5. Chapter 7.25.040 of the Federal Way Revised Code is hereby amended to read as
follows:
7.25.040 Impoundment and fees.
(1) Impoundment of abandoned or lost .chopping carts. The city may immediately impound an
abandoned or lost shopping cart on private land within the city with the consent of the party in
possession of the land and may immediately impound an abandoned or lost shopping cart on public
land within the city.
(2) Seizure of shopping carts. Any stolen shopping_ cart may be seized as part of a criminal
investigation under FWRC 6.30.010, FWRC 6.30.070, or other applicable criminal law. Any
shopping cart operated in violation of FWRC 7.25.070 is also subject to seizure.
(13) Notification. The city shall notify the owner of each impounded or seized shopping cart in
writing if the shopping cart has an identification sign as required by FWRC 7.25.030. The director
may establish by rule a process for owners to register a preferred method of notification. If delivered
by U.S. mail, the notice shall be deemed to have been received three days after mailing.
The notice shall state the amount of the impound or seizure fee and that the owner has 14 days from
the date of receipt to retrieve the shopping cart. The notice shall also state that if the shopping cart is
not retrieved within 14 days, the city may dispose of the shopping cart.
(34) Impound or seizure ee. The city shall charge a shopping cart impound or seizure fee to the
owner of each abandoned shopping cart impounded or seized by the city, unless the shopping cart is
exempt from such impound fee under FWRC 7.25.040(4) e i Each shopping
Ordinance No. 22- Page 6 of 9
Rev 1/22
cart impounded or seized by the city shall constitute a separate violation. The shopping cart impound
fee shall be per the fee schedule maintained by the city clerk.
(45) Fee exernptionde the firs }i,ree 'Impounded or
seized shopping carts that are compliant with the identification sign requirement of FWRC 7.25.030,
wi"n ", e.,le.,.s.,...,,e th owned by any retail estab,:shma..ent that, p r- to the shall be exempt from
the impound or seizure fee.
Section 6. Chapter 6.30 of the Federal Way Revised Code is hereby amended to add a new
section 6.30.070 to read as follows:
6.30.070 Shopping cart theft.
(1) Adoption. RC W 9A.5 6.270, Shopping cart theft, as now enacted or hereafter amended, is adopted
by reference.
.(2) Seizure. Any such stolen shopping cart shall be subject to seizure related fees as provided by
FWRC 7.25.040.
(3) Personal propery. The city shall develop -procedures to ensure -appropriate treatment and/or
storage of any personal property located in a shopping cart subject to seizure in accordance with
applicable law,
Section 7. Chapter 7.25 of the Federal Way Revised Code is hereby amended to add a new
section 7.25.070 to read as follows:
7.25.070 Operation of shopping cart on public right-of-way.
It is a Class 3 civil infraction under RC W 7.80 to push. pull. possess or otherwise operate a shopping
Ordinance No. 22- Page 7 of 9
Rev 1/22
cart on a public right-of-way.
Section 8. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 9. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 10. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 11. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
Ordinance No. 22- Page 8 of 9
Rev 1/22
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 9 of 9
Rev 1/22
COUNCIL MEETING DATE: October {40a Wa
10a
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMENDING ELIGIBILITY FOR YOUTH COMMISSIONERS
POLICY QUESTION: Should the City Council amend FWRC 2.60.040 to expand eligibility for appointment as a
youth commissioner to all high school students who live in the city limits, attend high school in the city limits,
or attend a high school that is part of the Federal Way School District?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rvan Call, Citv Attorney DEPT: Law
Attachments: 1. Ordinance
Background: The proposed language will modify eligibility to serve as a youth commissioner to include all high
school students who live or attend school in FW or attend a school in the FW School District.
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinancennd-provide-direction-to-staff
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
R APPROVAL• +4 Z
Insti:�ll[]a a
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (OCT 4): "1 move to forward the proposed ordinance to the October 18,
2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (OCT 18): "1 move approval of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL # Er kl I
❑
DENIED
First reading�`��
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 11/2019
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the Youth Commission; amending Federal Way Revised Code 2.60.040.
(Amending Ordinance Nos. 92-139, 92-157, 96-282, and 14-774)
WHEREAS, the City Council of the City of Federal Way previously created a Youth
Commission pursuant to Ordinance No. 92-139 and 92-157; and
WHEREAS, the City Council of the City of Federal Way amended Ordinance No. 92-157
to identify the schools that the commissioners could attend to be eligible — Federal Way High
School, Decatur High School, Thomas Jefferson High School, Harry S. Truman High School,
and Contract Based Education Institutions; and
WHEREAS, in Ordinance No. 14-774, the City Council removed attendance at specific
schools as a requirement for selection as a Youth Commissioner, and instead based eligibility on
residence within the city limits; and — — - - — - —
WHEREAS, the COVID-19 pandemic had a significant impact on the numbers of
students seeking to serve on the Youth Commission, and the City Council now seeks to open
eligibility to all who attend high school in the Federal Way School District, to those who attend
any private school in the city limits, as well as to those high school students who reside within
the city limits but attend school outside of the city limits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 22- Page I of 3
.Section 1. FWRC 2.60.040 is hereby amended to read as follows:
(1) The youth commission may consist of 12 voting members and three alternates
appointed by the city council.
(2) The commission shall serve without compensation.
(3) Each member shall serve a term of two years. The city council shall annually appoint
new members to fill the expiring terms on the youth commission. If, for any reason, a vacancy
occurs during the term of a youth commission member, the city council shall appoint a new
member to fill the unexpired term of that youth commission member. The city council may
remove a youth commission member at any time if the city council determines that member is
not fulfilling his or her responsibilities to the satisfaction of the city council. All members of the
youth commission shall serve until their successors are duly appointed by the city council.
(4) Persons appointed to serve on the commission shall reside within the City of Federal
Way city limits during the members' terms..., attend high school within the city limits, or attend a
high school that is part of the Federal Way School District.
(5) The city council will select commission members representing a diverse cross-section
of the sen,iee sehaels students. Freshman. Ssophomores, and juniors, and seniors are eligible.
(6) Terms of office run from September 1 st to August 31 st.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
Ordinance No. 22- Page 2 of 3
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of , 20
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 22- Page 3 of 3
10b
COUNCIL MEETING DATE: a October 2022 ITEM #:`
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: ESTABLISHING AN URBAN FORESTRY FUND
POLICY QUESTION: Should the City Council amend Chapter 3.50 of the FWRC to create an Urban Forestry
Fund?
COMMITTEE: FEDRAC
MEETING DATE: 27 September 2022
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Keith Niven, Planning Manager DEPT: CD
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: DIRECTOR APPROVAL:
Cpnmiit c C until Initial/Date
initial) [c Ininal.lUn
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 4,
2022. _
Committee Chair Tran
PROPOSED COUNCIL MOTION(S):
Committee Member rton
FIRST READING OF ORDINANCE (OCTOBER 4, 2022): "I move to forward the proposed ordinance to the
October 18, 2022 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (OCTOBER 18, 2022): "I move approval of the proposed ordinance. "
BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTION
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 11/2019
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 16, 2022
TO: Finance/Economic Development/Regional Affairs Committee
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Director Communit'v Development
Keith Niven, Planning Manager
SUBJECT: Code Amendments establishing a new Section in FWRC 3.50 (Funds) creating an Urban
Forestry Fund
I. FINANCIAL IMPACTS:
There is no fiscal impact to the city for adopting the proposed code amendments.
II. BACKGROUND:
Chapter 19.120 of the Federal Way Revised Code, entitled "Clearing, Grading, and Tree and
Vegetation Retention," generally requires certain tree densities to be provided and/or retained as part
of the development process; and, it provides for flexibility in the retention of trees in situations where
an applicant cannotRrovide for the minimum required -tree units per acre..
To accomplish this flexibility, FWRC 19.120.140 specifically authorizes a fee -in -lieu payment into
the City of Federal Way's ("City") urban forestry account in situations where an applicant cannot
provide for the minimum required tree units per acrt. To date, the City has not created a designated
account for these funds to be placed.
The creation of a designated urban forestry fund will allow the City to better ensure the fee -in -lieu
payments described above are utilized for the purposes authorized in FWRC 19.120.140 and are
easier to track.
III. OPTIONS FOR DECISION
After consideration of the proposal and the Mayor's recommendation regarding the proposed
amendments, the Council may:
1. Adopt the ordinance;
2. Do not adopt the ordinance and provide staff direction;
IV. MAYOR'S RECOMMENDATION
Based on the information contained in this staff report, the Mayor recommends that the
proposed amendments to the FWRC be recommended for approval following discussion by the
Finance/Economic Development/Regional Affairs Committee (FEDRAC) and forwarded to the
entire City Council for deliberation and decision.
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to the establishment of an Urban Forestry Fund; adding a new section
to Chapter 3.50 FWRC.
WHEREAS, Chapter 19.120 of the Federal Way Revised Code ("FWRC"), entitled
"Clearing, Grading, and Tree and Vegetation Retention," generally requires certain tree densities
to be provided and/or retained as part of the development process; and
WHEREAS, FWRC 19.120 provides for flexibility in the retention of trees in situations
where an applicant cannot provide for the minimum required tree units per acre; and
WHEREAS, FWRC 19.120.140 specifically authorizes a fee -in -lieu payment into the
City of Federal Way's ("City") urban forestry account in situations where an applicant cannot
provide for the minimum required tree units per acre; and
WHEREAS., such_ flexibility _is. desirable to allow property owners and developers to
optimize development and use of a subject property; and
WHEREAS, the creation of a designated urban forestry fund will allow the City to better
ensure the fee -in -lieu payments described above are utilized for the purposes authorized in
FWRC 19.120.140; and
WHEREAS, the Finance, Economic Development, and Regional Affairs Committee
(FEDRAC) of the Federal Way City Council considered these code amendments on 27
September 2022, and recommended adoption of the text amendments as presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 22- Page I of 3
Section 1. Chapter 3.50 of the Federal Way Revised Code is hereby amended to add a
new section 3.50.400 to read as follows:
3.50.400 Urban forestry fund.
There is hereby established a fund to be known as the urban forestry fund as follows:
(1) Purpose. To account for revenue from enforcement actions and fee -in -lieu .payments relating
to clearing, grading, and tree and vegetation retention. The fund shall be used for the purposes
identified in FWRC 19.120.170(2).
(2) Revenrie sources. Revenues to support this account shall include all funding sources
identified in FWRC 19.120.170.
3 Fund administration_ The parks director or his or her designee
Section 2. Severabili . Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 22- Page 2 of 3
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2022.
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 3 of 3