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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