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02-21-2023 Council Packet - Regular
CITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* February 21, 2023 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • Report on the State of the City Address held on February 16 • National League of Cities (NLC) Conference — Washington D.C. - March 26-29 • Update on Sister City Trip to Donghae, Korea and Hachinohe, Japan • Upcoming Events: St. Patrick's Day Events — March 17; and March of Diapers — Diaper Drive March 18 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. State Legislative Update - Bill Vadino, Policy Advisor 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • 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. The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 a. Minutes: February 7, 2023 Regular and Special Meetings b. Redondo Creek Culvert Replacement — 85% Status Report and Authorization to Bid c. Fiber Optic Loop Project 85% Design and Authorization to Bid d. Interlocal Agreement with WA Commerce — Climate e. Interlocal Agreement with WA Commerce — Periodic Comprehensive Plan Update f. Interlocal Agreement with WA Commerce — Housing Action Plan Implementation g. Washington State Reference Network Agreement h. Security Solutions Northwest, Inc. Retainage Release (AG21-177) i. Police Gate Replacement Retainage Release (AG22-012) j. Commercial Fence Corporation Retainage Release (AG22-031) k. Arts Commission 2023 Work Plan I. Arts Commission 2023 Contract for Services m. King County Youth and Amateur Sports Grant Acceptance n. Community Fireworks Display for Red, White, and Blues Festival o. Interlocal Agreement with DSHS, Respite in Community Settings 8. COUNCIL BUSINESS a. Former Target Building Demolition Bid Award b. King County COVID-19 Pandemic Funding for PAEC c. Confirmation of Human Resources Director — Vanessa Audett d. Lodging Tax Advisory Committee Appointments 9. ORDINANCES First Reading a. Council Bill #842/Mobile Food or Retail Vendors Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLE 19 (ZONING AND DEVELOPMENT); AMENDING FWRC 19.05.130 DEFINITIONS; REPEALING FWRC 19.275.070; AND ADDING NEW SECTIONS 19.210.080, 19.215.160, 19.220.150, 19.225.150, 190.230.170, 19.235.130, AND 19.240.190; AND ADDING A NEW CHAPTER 19.290 FWRC INCLUDING SECTIONS 12.290.010, 12.290.020, 12.290.030, 12.290.040, 12.290.050, 12.290.060, 12.290.070, 12.290.080 (AMENDING ORDINANCE NOS. 94-209, 97-291, 09-593, 09-610, 12-716, 15-797, 18- 844, 18-850, 22-932). Staff Report: Evan Lewis, Associate Planner Public Comment — 3 minutes each The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 b. Council Bill #838/Iconic Signs Code Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ICONIC SIGNS; AMENDING FWRC 19.05.190, AND ADDING A NEW SECTION FWRC 19.140.135. (AMENDING ORDINANCE NOS. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) • Staff Report: Keith Niven, Community Development Director • Public Comment — 3 minutes each 10. COUNCIL REPORTS 11. EXECUTIVE SESSION • Property Acquisition pursuant to RCW 42.30.110(1)(b) • Potential Litigation pursuant to RCW 42.30.110(1)(c) 12. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 COUNCIL MEETING DATE: February 21, 2023 ITEM #: 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 February 7, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: February 7, 2023 Regular Meeting Draft Minutes February 7, 2023 Special 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 N/A CITY CLERK APPROVAL: j Committee Council lnilial/Dae Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) N/A Committee Member 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 # CIT Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* February 7, 2023 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. 6Z11 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 Dovey, and Councilmember Jack Walsh. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S EMERGING ISSUES AND REPORT State of the City Address Mayor Ferrell noted his annual State of the City Address will be held in -person, for the first time since 2020, at the, Performing Arts & Event Center on Thursday, February 16. The event is free to the public with doors opening at 5:30 p.m. City Council Annual Retreat Report Mayor Ferrell reported on the Annual City Council Retreat which was held at Dumas Bay Center on Saturday, January 21. He noted the day went well and thanked the staff and Council for their work and collaboration. The Mayor reported on testifying on HB1363 regarding police pursuits on February 1; Federal Way has experienced a marked increase of almost 60% in auto theft and most serious incidents are now connected to stolen vehicles. He also testified on February 6 on SB5536 and SB5437 with efforts to fix the drug laws following the Blake decision; he will continue to monitor action on these issues. Mayor Ferrell reported on speaking at the Kiwanis on January 18; visiting and participating in St. Vincent de Paul School's 'Read Aloud Day' with 4th graders on January 31; and the Federal Way Memorial Field Groundbreaking Ceremony on February 1. He further reported on attending the Multi -Service Center Groundbreaking & Commencement Ceremony for Silver Shadows Apartments on February 1 located near 276th and Pacific Highway and Federal Way City Council Regular Minutes Page 1 of 7 February 7, 2023 provided a positive report on the recent Gun Buy -Back event held at City Hall with over 190 weapons exchanged for gift cards. The Mayor thanked Chief Hwang, the Police Department, and the Finance Department staff who ensured a safe and successful event. 4. PUBLIC COMMENT Vivian Alexander thanked the Council for the information presented at the study session; however, does not support using opioid settlement funds on a feasibility study. She encouraged the Council to look at the program at the former Clarion Hotel in Auburn. Anna Patrick addressed concerns regarding students who have been arrested for assault crimes and being released the same day. She expressed frustration with the lack of communication to the school district from King County about Restorative Pathways program. Geoffrey Tancredi spoke in frustration with King County's purchase of the Red Lion Hotel, using taxpayer money that sits vacant due to safety issues making it uninhabitable. Ken Blevens expressed frustration that King County continues to purchase properties, when previous properties have not been converted and sit vacant. He would like to see these former hotels turned into addiction facilities; he asked the Council to show leadership on this issue. Jacquelyn Copley expressed frustration with King County who continues to be non -responsive to questions regarding the Restorative Pathways program, referencing a letter she submitted a year ago. She shared equal frustration over the county spending $9.6M on a property that is likely to be condemned due to contamination. Mayor Ferrell recently contacted the King County Executive and had asked for a briefing from the County on the status of the Hotel. Karen Brugato represented the Arts Commission and discussed the 2022 Covid Unmet needs grant from King County. She believes the Youth 4 Arts Program did not operate in 2022, and would be ineligible for the grant money; she asked the money be awarded to the Performing Arts & Event Center Resident Artists. Leslie Bradley, with the Federal Way Chorale, shared how the Chorale has been affected by Covid-19. She advocated that the Covid Unmet Needs Grant be used to help the Federal Way Chorale. Cindy Piennett supports the Youth 4 Arts program and proposed the City allocate an additional $50,000 in funding to help support resident artist groups and $150,000 to the Arts Commission. ❑e17l.le Harvey supports future plans of a senior center and spoke regarding parking and ongoing code violations concerns in her neighborhood. Mayor Ferrell asked Director Niven to follow-up on this concern. He would also like to follow- up with Administrator Davis and Chief Hwang on parking concerns. Jeremy Winzer shared concerns about admission to the Community Center; he would like to see more access for the youth and an opportunity to be active. He provided feedback on the ongoing work he is doing through Progress Pushers in the city; he cautioned changes are not immediately visible, however they are having an impact. Federal Way City Council Regular Minutes Page 2 of 7 February 7, 2023 Parks Director John Hutton noted he is currently working on opportunities for both the Community Center and Dumas Bay Center. Betty Taylor presented Police Chief Andy Hwang with a gift to express her gratitude for the Police Department's help. She also proposed a City sponsored National Night Out event. Lvnne Lon talked about the upcoming re -opening of Camp Kilworth in 2024. She also addressed Steel Lake and the importance of preserving trees. Dara Mandeville discussed a number of records requests Stand -Up Federal way has submitted to the Police Department and expressed her gratitude. She also asked at what point can the city push back on King County for their failed policies and decisions. 5. PRESENTATIONS a. Proclamation: Black History Month — February 2023 Councilmember Assefa-Dawson and Councilmember Norton read and presented the Black History Month Proclamation to the Decatur High School and Thomas Jefferson High School Black Student Unions. Decatur High School Black Student Union Advisor Shana Ludwig and Thomas Jefferson High School Black Student Union Advisor Jamarkus Springfield-Worles thanked the Council for the invitation allowing the students exposure to local government. Students from both high schools shared events they were hosting showcasing black excellence and celebrating Black History Month. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh reported the next meeting will be held on Tuesday, February 14 at 5:00 p.m. in Council Chambers. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported on the recent meeting held on February 6 where topics of interest included signs and park impact fees. He was pleased to highlight the bid for the demolition of the former Target building was approximately $100,000 under the estimate; he suggested the Parks Council Committee discuss the possibility of allocating funds to Community Center scholarships. The next meeting will be held March 6. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported the last Committee meeting was canceled as it was anticipated all Committee members would be attending remotely. The next meeting will be held on March 28. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next meeting will be held February 8 at 10:00 a.m. With current recruitment, she is hopeful to have a quorum for the next meeting in March. She noted she will be presenting information on the recent Gun Buy -Back Event to the King County Regional, Law, Safety and Justice Committee. Deputy Mayor & Regional Committees Report Deputy Mayor Honda provided reports from various regional meetings including Board of Federal Way City Council Regular Minutes Page 3 of 7 February 7, 2023 Health and the Public Issues Committee (PIC). She was pleased to be appointed to the NLC Information Technology and Communications Committee; she is looking forward to the NLC Conference in Washington D.C. She noted concern for the current legislative session which could affect the community's ability to retain zoning control, and requested an update at a future meeting. Deputy Mayor thanked staff and Council who participated in the Council retreat, she was pleased to have a robust downtown discussion. Council President Report Council President Kochmar thanked Councilmember Norton'and Zion Healing for the presentation at the Council Study Session. She provided comments on supporting children and youth attend the Community Center and the in-house arts groups at the PAEC. She attended the ground -breaking for Silver Shadow Apartments project and noted there will be a food bank on -site. She is concerned with recent bills in Olympia and noted the importance of local control on density in our neighborhoods. 7. CONSENT AGENDA a. Minutes: January 17, 2023 Regular Meeting; January 21, 2023 Council Retreat Summary COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEM A; 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 Councilmemberpovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. Assessment Lien for Abatement at 30601 1 st Place SW Code Compliance Officer Christina Dunlap presented information on recent abatement of a nuisance property located at 306101 1st Place SW. She noted the property has a long history of code violations and provided photos of the property prior to the recent abatement and after. Ms. Dunlap provided a breakdown of costs and is seeking Council authorization to lien the property for total amount of $5,845.95. Council thanked Ms. Dunlap for the presentation and asked clarifying questions regarding the timeline of the cleanup and the status of the property following a recent house fire. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ASSESSMENT LIEN IN THE AMOUNT OF $5,845.95; 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 CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes b. Purchase of a New Drum Mulcher Head for SWM Federal Way City Council Regular Minutes Page 4 of 7 February 7, 2023 Public Works Director EJ Walsh provided a brief report on the request to purchase a new drum mulcher head for Surface Water Maintenance. He noted this is a routine purchase which would normally have gone through Committee and has come directly to Council based on the Committee meeting being canceled. This piece of equipment is used to clear vegetation surrounding SWM ponds and will more aggressively remove evasive vegetation such as blackberry bushes. He provided the funding source for this purchase and noted it will be purchased off the state contract. Council thanked Mr. Walsh for his presentation. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PURCHASE OF A NEW DRUM MULCHER HEAD USING SURFACE WATER UTILITY — SMALL CIP FUNDS; SECOND BY COUNCILMEMBER DOVEY. 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 c. Purchase of a New Truck and Trailer for the Shopping Cart Program Pubic Works Director EJ Walsh provided background on this item, noting this is a housekeeping item which has been previously approved in the budget at the end of 2022. While the purchase was summarized in the budget book, the state requires the purchase receive explicit Council approval. Both items are available through the state contract and the total cost includes all fees and additional equipment required. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PURCHASE OF A NEW TRUCK AND TRAILER FOR THE SHOPPING CART PROGRAM AS PRESENTED; 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 d. Authorization to Apply for Port of Seattle Grant Economic Development Director Tanja Carter presented information seeking Council authorization to apply for Port of Seattle grant, which awards up to $60,000 based on city population. The grant requires a $30,000 match which can accounted for in staff and benefits. She noted the awarded funds will be used for a two-part outreach to 500 local businesses to obtain feedback from the business community and launch a pilot program to address business retention. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PURCHASE OF THE PROPOSED APPLICATION FOR THE 2023 PORT OF SEATTLE DEVELOPMENT PARTNERSHIP PROGRAM GRANT; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Federal Way City Council Regular Minutes February 7, 2023 Page 5 of 7 9. ORDINANCES Second Reading/Enactment a. Council Bill #840/2022 Various Code Amendments/APPROVED ORDINANCE #23-949 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLES 18 (SUBDIVISIONS) AND 19 (ZONING AND DEVELOPMENT; AMENDING FWRC 18.10.030, 19.05.010, 19.70.060, 19.70.150, 19.75.060, 19.80.140, 19.110.010, 19.115.050, 19.115.090, 19.125.160, 19.130.020, 19.145.410, 19.145.440, 19.195.015, 19.200.020, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.1.50, 19.220.050, 19.220.080, 19.220.100, 19.220.105, 19.225.055, 19.225.070, 19.225.075, 19.230.055, 19.230.060, 19.230.065, 19.240.085, 19.240.095 (Amending Ordinance Nos. 90-40, 90- 41, 90-43, 90-631, 92-133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07- 554, 07-559, 07-573, 08-585, 09=593, 09-604, 09-605, 09-594, 09-610, 09-631, 10- 651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, 21-921 and 22-932.) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; 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 CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes b. Council Bill #841/Creation of a Citv Clerk Denartment/APPROVED ORDINANCE #23-950 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A CITY CLERK DEPARTMENT; REMOVING FWRC 2.11.030; AND ADDING NEW SECTION 2.19 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). City Clerk Stephanie Courtney read the ordinance title into the record. Deputy MAYOR HONDA MOVED APPROVAL OF THE PROPOSED ORDINANCE; 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 CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 10. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Norton thanked staff for their work on the Council retreat; it was both interesting and engaging. Councilmember Tran provided no report. Councilmember Walsh also thanked staff for their work on the retreat. He spoke in opposition to state legislation (SB5190) which would remove local control regarding housing density. He updated Council Federal Way City Council Regular Minutes Page 6 of 7 February 7, 2023 on the efforts of the Federal Way Senior Center Food Bank and provided statistics of how they continue to serve our community. Councilmember Dovey spoke in concern with state legislation referencing the House version of the same issue (HB1110) and the concern over losing zoning control; he urged the community to call your state legislators. He reported the Marine Hill Parade is in their 60th year and will be held on May 20. Deputy Mayor Honda provided an update on a city and school district joint meeting. She indicated she would like to see local school gyms open after school to provide after -school activities in the neighborhoods. She supported earlier comments made by Ms. Long regarding Camp Kilworth clean- up efforts noting it would be an excellent opportunity for students to earn service hours for graduation. She shared support for the PAEC Resident Art groups and encouraged participation in the Soroptimist Food Drive this month with a drop off location at the South King County Tool Library. Council President Kochmar thanked Community Development Director Keith Niven for the long Land Use meeting; she is amazed at the feedback of what developers want. She thanked citizens who provided a collective signed document noting their concerns. She thanked everyone for their public testimony and also noted she, along with the Deputy Mayor, are continuing conversations with the School Board Director. 11. EXECUTIVE SESSION 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:41 p.m. Attest: Stephanie Courtney City Clerk Approved by Council Federal Way City Council Regular Minutes Page 7 of 7 February 7, 2023 CIT 4z*�:�k Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers* February 7, 2023 — 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: City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. STUDY SESSION a. Introduction by Councilmember Norton and Councilmember Assefa-Dawson Councilmember Norton thanked Councilmember Assefa-Dawson for agreeing to request this study session to enable the issue to come before the Council. Councilmember Norton presented background information on the proposed program she created which will includes a strong treatment plan for the drug addicted -homeless. The program includes recruitment, detox/assessment, treatment, job support and housing, and ongoing support following completion of the program. This plan would include the work of Peer Navigators who would assist individuals through the program and enable them to become contributing members of society. b. Discussion on a drug addicted city homeless program Mayor Ferrell introduced Zion Healing CEO Robert Beatty who joined the meeting remotely. Mr. Beatty provided information on the program he runs and how Zion Healing provides support for these programs across the country. He further explained the range of support to agencies, such as Federal Way, includes programmatic and paperwork support. Federal Way City Council Special Minutes Page 1 of 2 February 7, 2023 Councilmembers thanked Councilmember Norton and Mr. Beatty for the vision for this program and their presentations. Clarifying questions were raised regarding the need for a facility, the success rate, and possible funding sources. Mr. Beatty also answered questions regarding the use of Transcranial Magnetic Stimulation (TMS) in rehabilitative settings. Councilmember Norton also spoke to the request of $100,000 for a consultant to complete a feasibility study to work through many of the details and questions being raised. She also noted the difference in this program is that it incorporates multiple different methods in one program. c. Staff Report City Administrator Brian Davis outlined the process the city would follow for a service over $20,000. This includes preparing a Request for Proposal (RFP) to solicit services for the feasibility study. Council thanked Administrator Davis for the information and ask clarifying questions regarding the RFP process, and the need for more information to move this process further. He acknowledged staff would need further direction from Council to create a RFP. City Attorney Call answered questions regarding the proposed Opioid Settlements. 3. EXECUTIVE SESSION • Property Acquisition Pursuant to RCW 42.30.110(1)(b) • Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) At 5:48 p.m. Mayor Ferrell announced the Council was recessing to executive session for the purpose of discussing Property Acquisition Pursuant to RCW 42.30.110(1)(b) and Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i) for 30 minutes. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:16 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 February 7, 2023 . .. . . , / b COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REDONDO CREEK CULVERT REPLACEMENT — 85% STATUS REPORT AND AUTHORIZATION TO BID POLICY QUESTION: Should the City Council authorize staff to complete design of and advertise the Redondo Creek Culvert Replacement and return to LUTC and Council for bid award, further reports, and authorization? COMMITTEE: Land Use and Transportation MEETING DATE: February 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulke , P.E., Senior Civil Engines Rnn DEPT: Public Works Attachments: 1. LUTC Memo dated February 6, 2023 Options Considered: 1. Authorize staff to complete design of and advertise the Redondo Creek Culvert Replacement and return to LUTC and Council for bid award, further reports and authorization. 2. Do not authorize staff to proceed with this project and provide direction to staff. ............ .. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the February 21, 2023 City Council consent agenda for approval. MAYOR APPROVAL: DIRECTOR s � V I APPROVAL: Cn m c Co •il I i�Iial.?]n!e lllllla1Mt[v. Irni 10a," ate COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 21, 2023 consent agenda for approval. a�4 .iac Vey, mmittee Chair J k Wa sh. C mittee Member Hoang Tran, Committee Member Pop6sL9,clouNCIL MOTION: "I 10v to authorize staff to complete design of and advertise the Redondo -reek Culvert Replacement amV.1return to LUTC and Council for bid award, further reports and authorization. " BELOW TO BE COMPLETED BY CITYCLERKiQ 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 4 CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Redondo Creek Culvert Replacement— 85% Status Report and Authorization to Bid Financial Impacts: The cost to the City for the Redondo Creek Culvert Replacement was included within the approved budget under the Public Works Department, Capital Project #34293. In accordance with the approved budget, this item is funded by Storm Water Management (SWM) User Fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through SWM maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Back round Information: This project proposes to replace a failed culvert along a portion of Redondo Creek near 16th Ave S with a fish -passable culvert and provide stream riparian restoration upstream and downstream as necessary. This project also supports completion of the Pacific Highway Non -Motorized Trail Phase 2. The following provides a brief synopsis of the progress on this project to date. Currently the project design is approximately 85% complete, which includes the following completed tasks: • Topographic Survey • Draft Critical Areas Assessment • JARPA (Joint Aquatic Resources Permit Application) submitted • Project Design to 85% Ongoing tasks include: • Utility Coordination • Additional Permitting ■ Right of Way • Contract Specifications • Project Design to 100% Proiect Estimated Expenditures: Design $ 300,000 Right of Way $ 40,000 Construction Cost $1,467,000 Construction Contingency (15%) $ 220,000 Construction Management &.Inspection $ 203,000 Total Estimated Expenditures $2,230,000 Rev. 6/2019 February 6, 2023 Land Use and Transportation Committee Redondo Creek 85% Status Report Page 2 Project Available Funding: SWM User Fees $1,150,000 Total Available Funding $1,150,000 Project costs will be further refined and evaluated as the design proceeds. Project Shortfall of $1,080,000 is anticipated to be funded from unallocated SWM User Fees. dl N CITY OF A + 34293 - Redondo Creek Culvert Replacement Federal Way 1:3 363 Len n-vrd—1 )pp-2Imify , Puget Sound I r fhnnn., C Q o�nt Rd Hm 02 Po,xnr Hq� s Jrt P�a C. ys t 304th St rn ^ cS) Q f SW 312th St S 312th St i N Dash r !Y SW 320th St r II I SW 320tti St ' S 32Dth S a r S 3241h St 3 .2 U ! 1 N Text a0 0 iY _ S.46thA 1/ \ 0 IED LL 0 Qa O ---------- [�' 0 ~I S DASH PQf�V v — Saca'awea Park J Legend Project Location Parcels Streams Parks o City Limits Building Footprint This map is accompanied by no warranties and is simply a graphic representation- f rn l S 34ath St f r �m a COUNCIL MEETING DATE: February 21, 2023 ITEM #: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIBER LOOP PROJECT 85% DESIGN AND AUTHORIZATION TO BID POLICY QUESTION: Should the Council authorize staff to complete the design and bid the Fiber Optic Loop project and return to Council for bid award, further report, and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, Civil Engineer ✓` DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 6, 2023. Options Considered: 1. Authorize staff to complete the design and bid the Fiber Optic Loop project and return to LUTC and Council for bid award, further report, and authorization. 2. Do not authorize staff to proceed and provide direction to staff. J MAYOR'S RECOMMENDATION: Option 1. Authorize staff to complete the design and bid the Fiber Optic Loop project and return to Council for bid award, further report, and authorization. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: m Z 3 1% Ilntlal/Daat COMMITTEE RECOMMENDATION: I move to forward Option I to the February 21, 2023 consent agenda for approval. qJk J k D vev Ca mittee Chair MaTsk, C5omini tee Member Hoang Tran, Committee Member PR OSED COUNCIL MOTION: " ove to authorize staff to complete the design and bid the Fiber Optic Loop project and return to LUTC and until for bid award, further report, and authorization. " (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 — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, Civil Engineer SUBJECT: Fiber Optic Loop Project 85% Design Status Report and Authorization to Bid Financial Impacts The cost to the City for the Fiber Optic Loop Project was included within the approved budget under the Public Works Capital Budget (Fund 306, Project 239). In accordance with the approved budget, this item is funded by Sound Transit Mitigation Fees. Upon completion of the Fiber Optic Loop Project, future costs associated with operations and maintenance will be funded through the Information Technology budget. Background Information: This project provides for the completion of a fiber optic loop by providing a redundant north - south fiber cable generally along Military Road between S 317t" and S 272"d and tying into the city's existing fiber spine along Pacific Highway. The following provides a brief synopsis of the progress on the project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Project Design to 85% Ongoing Tasks Include.: • Project Design to 100°/a • Advertisement for Bids Funding Summary: Project Funding: Sound Transit Mitigation $ 2,600.000 Total Funding Available $ 2,600,000 Estimated Expenditures; Design Construction Cost 10% Construction Contingency $ 206,000 $2,250,000 $ 225,000 Construction Management ( $ 275.000 Total Project Costs $2,956,000 Rev. 6/2020 February 6th, 2023 Land Use and Transportation Committee Fiber Loop Project 85% and Authorization to Bid Page 2 Costs will be further refined as project continues and actual bids are received. There are multiple bid alternatives that may or may not be recommended for award. If additional funds are needed, this will be included when we return to Council and LUTC at time of bid award. Staff anticipates bidding on this project in the Spring of 2023. Construction is anticipated to commence in the Summer of 2023, with an estimated substantial completion date in December 2023. G N CITY OF - = 36239 - Fiber Optic Loop Project Federal Way 1:22 000 l " Centered on Opportunity I Q_ S 272nd St S 272nd St t F 'PQ Star ► � 1 Lake Poverty Bay ti.:k W \ T 3 � x u 'a yr` Qa CO S 304th St Steel I Lake I S 308th St r D C hu.sier B / ake 12hSt S312hSt to r � T J t fY °D A T 3 x V �w Legend City Limits Fiber Loop Fiber Loop - Optional r Parks 00 COFW Sch B / Streams #0 Interconnect Sch C Kent Sch D ,40 Sound Transit This map is accompanied by no warranties and is simply a graphic representation 3 m moo. N 9D S 288th St t' CO) a' 11 w M S 298th St J m U) > C s r vS 304th St M ra d r r x i I y T E Or S 0 7d COUNCIL MEETING DATE: February 21, 2023 ITEM #: r • CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLO.CAL AGREEMENT WITH WA COMMERCE - CLIMATE POLICY QUESTION: Should the City enter into an interagency agreement with WA Department of Commerce to reimburse the City for consultant costs related to developing the Climate Chapter of the Comprehensive Plan? COMMITTEE: Land Use & Transportation MEETING DATE: Feb 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Authorize the Mayor to enter into the interagency agreement. 2. Do not authorize the Mayor to enter into the interagency agreement and provide direction to staff. MAYOR'S RECOMMENDATION: option 1 MAYOR APPROVAL;4;C0M4fnC DIRECTOR APPROVAL: Council tiairpalc InitialT?t Initial, COMMITTEE RECOMMENDATION: I move to forward the proposed interagency agreement to the February 21, of the interagency agreement and authorize the Mayor to execute said agreement. " v' (BELOW TO BE COMPLETED BY CITY CLERIC'S ❑FFIC9 COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 23, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director SUBJECT: Interlocal Agreement with WA Commerce - Climate Financial Impacts: The interagency agreement with the Washington Department of Commerce ("Commerce") will allow the City to be reimbursed for up to $80,000 of accrued costs associated with work conducted by Cascadia Consulting Group, to assist in development of Goals and Policies and Action items for the Climate Chapter of the Comprehensive Plan. Background Information: In November, 2021, the City Council, by Resolution, gave staff direction to add a Climate & Resiliency Chapter tr the City's Comprehensive Plan. In 2022, the City was awarded an $80,000 grant from Commerce to utilize a consultant to provide technical expertise to the City's drafting of the Climate & Resiliency Chapter, and the City Council approved acceptance of the grant funds on September 20, 2022. At the time of grant acceptance, staff did not obtain City Council approval to sign the associated interagency agreement. The City Council also needs to approve entering into the interagency agreement with Commerce, which is included as Attachment 2, in order to receive and apply the grant funding. There is no local matching requirement for this grant. Rev. 7/18 *, Washington State 14 Department of ■d Commerce Interagency Agreement with For City of Federal Way through Washington State Department of Commerce Local Government Division Growth Management Services Early Implementation Climate Planning Grant Start date: July 1, 2022 TABLE OF CONTENTS Special Terms and Conditions 1. Authority..............................................................----••-•-..----•.--.--...........1 2. Contract Management .................................. .......................... .. .............................. 1 3. Compensation............................................................ ,............................................ 1 4. Expenses.......................................................... --- .......... .................. 1 5. Billing Procedures and Payment ............................................................................1 6. Insurance...................................................................... -- . -- •-- •--............2 7. Subcontractor Data Collection.... .....................,...................,.................................2 8. Fraud and Other Loss Reporting .............................................................. 2 9. Order of Precedence.........................................---..---.....,....---•--..........:..................2 General Terms and Conditions 1. Definitions ...................................... ............................................ ............................ 3 2. All Writings Contained Herein................................................................................3 3. Amendments .................................... .... ................ ..................... 4. Assignment ................ ............................ :................... ....:.,................................. 3 5. Confidentiality and Safeguarding of Information....................................................... 3 6. Copyright ..................... .............-.....--...----. ................--------.•............. ........4 7. Disputes .......................................... ...................................................................... 4 8. Governing Law and Venue......................................................._....._.....---••-.- ..........4 9. Indemnification................................................................................................----... 5 10. Licensing, Accreditation and Registration.........: .......................... ................. ......... 5 11. Recapture...............................................................................................................5 12. Records Maintenance............................................................................................5 13. Savings ............................................................................................................. 5 14. Severability.......... ..... ........................................... .......... --..5 15. Subcontracting ...................... .......................................... ................ 5 16. Survival.................................................................... .......... --- ........... ---.............6 17. Termination for Cause.: ............... * ......................................................................... 6 18. Termination for Convenience-- .................................................... ................... ;.. 6 19. Termination Procedures.........................................................................................6 20. Treatment of Assets ........................ ................... ------•-•--•.---.•-•---........................... 7 21. Waiver .............. .......... .................... ................ ........... --.... ................ --- ................. 8 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: 23-63333-108 Washington State Department of Commerce Local Government Division Growth Management Services Early Implementation Climate Planning Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Federal Way n/a 33325 — 81 Avenue S Federal Way, WA 98003-6325 3. Contractor Representative 4. COMMERCE Representative Keith Niven Sarah Fox PO Box 42525 Planning Manager Climate Program Manager 1011 Plum St. SE 253.835.2643 (360) 725-3114 Olympia, WA 98504 Keith.niven cif offederalwa •.com Sarah.fox@cornmerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $80,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ July 1, 2022 June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number n/a n/a n/a 10.Tax ID# 11.SWV# 12.UBI# 13.UEI# n/a SWV 00-1595700 601-223-538 n/a 14. Contract Purpose Develop goals and policies for comprehensive plan update that will achieve greenhouse gas emission reductions. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment "A" — Scope of Work and Attachment `B" — Budget. FOR CONTRACTOR FOR COMMERCE Brian Davis, Interim City Administrator Mark K. Barkley, Assistant Director City f Federal Way y oy Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/22/2019. APPROVAL ON FILE. SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $80,000 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63333- 108. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 5. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 8. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations Special Terms and Conditions General Terms and Conditions • Attachment A — Scope of Work a Attachment B — Budget State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. S. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING. ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Attachment A Scope of Work Steps/ Deliverables Description End Date Action 1 Conduct background research for new Chapter 8/1/2022 Step 1.1 Staff review of Vision 2050 policies and King County CPPs 9/1 /2022 Step 1.2 Review Goals & Policies in peer cities Comprehensive Plans 9/1 /2022 Deliverable 1 Provide relevant research to be used in developing the RFP 9/15/2022 Action 2 Scope work for RFP 8/1/2022 Step 2.1 Advertise RFP 8/15/2022 Step 2.2 Select consultant 9/15/2022 Deliverable 2 Provide copies of proposals received 9/15/2022 Action 3 Develop and implement community outreach effort. 8/1/2022 Step 3.1 Post surveys on City engagement site (www.engagefw.com) 10/3/2022 Step 3.2 Conduct minimum 2 in -person outreach events 11/1/2022 Deliverable 3 Summary report of community engagement 12/1/2022 Action 4 Plan development Utilize information provided by consultant to draft Goals, Policies and Action items for the Comprehensive Plan chapter 2/1/2023 Step 4.1 4/3/2023 Step 4.2 Planning Commission review and recommendation of draft chapter. 6/7/2023 Deliverable 4 Minutes from Planning Commission recommending preliminary approval of the draft Chapter 6/15/2023 Budget Grant Objective: Develop draft Text, Goals, Policies, and Actions relating to reducing Greenhouse Gas Emissions to be incorporated into a new Climate & Resiliency Chapter of the City's Comprehensive Plan Deliverable 1. Background research Attachment B Commerce Funds $ 5,000 Deliverable 2. RFP for Consultant selection $ 5,000 Deliverable 3. Summary report of Community Engagement $ 5,000 Deliverable 4. draft Chapter text, Goals, Policies and actions relating to Greenhouse Gas Emissions to be incorporated into the Climate & $ 65,000 Resiliency Chapter of the Comprehensive Plan Total: $80,000 7e COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH WA COMMERCE - PERIODIC COMPREHENSIVE PLAN UPDATE POLICY QUESTION: Should the City accept a grant from the Washington Department of Commerce to assist with the City's periodic update of its Comprehensive Plan, and enter into an associated interagency agreement with Commerce regarding said grant? COMMITTEE: Land Use & Transportation MEETING DATE: Feb 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Accept the grant and authorize the Mayor to enter into the interagency agreement. 2. Do not accept the grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL: ommi c 3 n cif ntliai+I7a1c InitialMate InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposal to the February 21, 2023, Consent Agenda for approval. .r OM' rn�ink Chair/ ommittee Member Commi ee Member PR'UPO' SED COUNCIL MOTION: `I movVapproval of the grant and authorize the mayor to execute the interagency 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 — 11/2020 RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: Update CITY OF FEDERAL WAY MEMORANDUM January 23, 2023 City Council Members Jim Ferrell, Mayor Keith Niven, Community Development Director I*- Interlocal Agreement with WA Commerce — Periodic Comprehensive Plan Financial Impacts: The grant and interagency agreement with the Washington Department of Commerce ("Commerce") will allow the City to be reimbursed for up to $325,000 of accrued costs associated with work conducted to periodically update the Comprehensive Plan. Background Information: The Governor and the Legislature made a historic investment in Growth Management Act planning during the 2022 Legislative Session. As a result, Commerce expects to provide grant funding to all counties, and 'cities within those counties, in advance of their upcoming comprehensive plan and development regulation "periodic updates," required under RCW 36.70A.130(5). Funding is Available Under the Following Formula Grants are available to counties and cities based on fully planning or partially planning status under the GMA, as well as population: Fully Planning Counties with 100,000 population and over: Counties under 100,000 population: Cities with 100,000 population and over: Cities with 50,000 to 99,999 population: Cities with 3,000 to 49,999 population: Cities under 3,000 population: $700,000 $350,000 $325,000 (Federal Way) $175,000 $125,000 $100,000 Partially Planning Counties with 10,000 population and over: $150,000 Counties under 10,000 population: $100,000 Cities (No population limits): $20,000 Rev. 7/18 Starting July 1, 2022, counties and cities with a 2024 deadline are eligible to receive the first half of their grant, with the second half coming the following year. Subject to continuing legislative appropriation, Commerce intends to provide these same grant amounts to all counties and cities throughout the update cycle, with due dates from 2024 through 2027. For the 2023 state fiscal year ending in June 2023, staff estimate the expenditure on Downtown,, including TC-3, funding for the Dip, analyzing housing production barriers, traffic modeling, updating code and policies for the City Center, and working on placemaking for Downtown to exceed $1,000,000. Staff seeks Council support and authorization to accept the grant from Commerce, and enter into the associated interagency agreement, which is included as Attachment 2. There is no local matching requirement for this grant. Rev. 7/18 O►' Washington State Comment of erce Interagency Agreement with For City of Federal Way through Growth Management Services Contract Number: 23-63210-031 GMA Periodic Update Grant — FY2023 Dated: Date of Execution 16 � „a5!nc .cn slate spa •-rneril a f � Cvmmr'v'rc�e Table of Contents CITY OF FEDERAL WAY................................................................... 1 TABLEOF CONTENTS............................................................................................................................................. 2 FACESHEET............................................................................................................................................................3 SPECIAL TERMS AND CONDITIONS......................................................................................................................... 4 1. AUTHORITY.....................................................................................................................................................4 2. CONTRACT MANAGEMENT.............................................................................................................................4 3. COMPENSATION— ........ .............................................................................................................. ................. 4 4. BILLING PROCEDURES AND PAYMENT............................................................................................................ 4 5. SUBCONTRACTOR DATA COLLECTION............................................................................................................ 5 6. INSURANCE................................................_....................................................._.._....._................................... 5 7. FRAUD AND OTHER LOSS REPORTING............................................................................................................ 5 8. ORDER OF PRECEDENCE ........... ..................................... ............ .................................................. ...._..__....._... 5 GENERAL TERMS AND CONDITIONS....................................................................................................................... 6 1. DEFINITIONS.....................................................................................................................................................6 2. ALL WRITINGS CONTAINED HEREIN................................................................................................................ 6 3. AMENDMENTS............................................................................................. ...................6 ................................ 4. ASSIGNMENT..................................................................................................................................................6 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION.......................................................................... 6 6. COPYRIGHT.....................................................................................................................................................7 7. DISPUTES ... ---- ....................... ..................:...:::.................:..::.............................. ........ ....... ......... .............. 7 8. GOVERNING LAW AND VENUE................................................................................................... ............... 8 9. INDEMNIFICATION.......................................................................................................................................... 8 10. LICENSING, ACCREDITATION AND REGISTRATION.......................................................................................... 8 11. RECAPTURE ............. ......... ........ .......................... ............................... .... ........... .... ......... ........ .................. ........8 12. RECORDS MAINTENANCE........... ..................... —... . ....................................................................................... 8 13. SAVINGS........................................_............_....................................................................................................8 14. SEVERABILITY..................................................................................................................................................8 15. SUBCONTRACTING.....:.........................................................9 16. SURVIVAL..................................................................................................._....................................................9 17. TERMINATION FOR CAUSE.............................................................................................................................. 9 18. TERMINATION FOR CONVENIENCE .................................. ......... ........ ..... :.............. ................................................ 9 19. TERMINATION PROCEDURES.......................................................................................................................... 9 20. TREATMENT OF ASSETS................................................................................................................................ 10 21. WAIVER.........................................................................................................................................................11 ATTACHMENTA: SCOPE OF WORK......................................................................................................................12 ATTACHMENTB: BUDGET....................................................................................................................................13 Page 2 of 13 L�eF�•'-rnent ar Ccam merre Face Sheet Local Government Division Growth Management Services Contract Number: 23-63210-031 1. Contractor 2. Contractor Doing Business As (as applicable) City of Federal Way N/A Community Development 33325 — 8th Avenue South Federal Way, WA 98003 4. COMMERCE Representative 3. Contractor Representative Keith Niven Keri Sallee PO Box 42525 Planning Manager Senior Planner 1011 Plum St. SE (253) 835-2643 (564) 200-2338 Olympia, WA 98504 Keith.niven , cityoffederalway=com kerl.sallee(o)co.mmerce.wa.gov 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $87,500 Federal: ElState: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: ALN N/A N/A N/A 10. Tax ID # 11, SWV # 12. UBI # 13. UEI # N/A SWV0015957-00 601-223-538 N/A 14. Contract Purpose Grant funding to assist the city with planning work for the completion the Growth Management Act (GMA) requirement to review and revise the comprehensive plan and development regulations under RCW 36.70A.130(5). COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work and Attachment B - Budget FOR CONTRACTOR Brian Davis, Interim City Administrator City of Federal Way Date FOR COMMERCE Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Page 3 of 13 .I►. Vdashrry.:""state Vi►f Ccimmewe Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this. Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed eighty-seven thousand five hundred dollars ($87,500), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 23-63210-031. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Start Date COMMERCE will pay the Contractor for costs incurred beginning July 1, 2022, for services and deliverables described under this Agreement_ Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Page 4 of 13 ./W.',,'a--1 ing:;;ri date p�x�meM of Commerce Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors_ COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). Line Item Transfers The total amount of transfers of funds between line item budget categories shall not exceed ten percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts amendment by the Contractor and COMMERCE. Ineligible Costs Only eligible project -related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. ORDER OF PRECEDENC In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Page 5 of 13 .4% Vg8whng.tul State Depa "merit of General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Washington Department of Commerce. C. "Contract" or "Agreement" or "Grant" means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and Page 6 of 13 ,4f�� �i�� �'•i)IllTl7t�I'i�C'. III. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property_ rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority Page 7 of 13 G�{'�s 'Inept of prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. Page 8 of 13 A!!� ,•rasf �n or lilt ,G::= -rrkrnI ❑r ►� Commerce 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMM ERCE.reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. Page 9 of 13 -'F' 'rrt�rT or �ii� Conimewe COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management Page 10 of 13 practices- C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Page 11 of 13 {��5a -rrzanl cr 9409 (.0MTI7eree Tasks / Actions / Deliverables Task 1 Action(s) Action(s) Action(s) Deliverable 1 Task 2 Action(s) Action(s) Action(s) Deliverable 2 Attachment A: Scope of Work Description End Date Update to City Center and new Downtown section for new "Centers" chapter Draft Goals, Policies and development 7/2022 regulations Community Outreach 8/2022 - 2/2023 Refine Goals, Policies, and development 5/2023 regulations Approved updated City Center Goals, Policies 12/31 /2023 & development regulations and new Goals, Policies & development regulations for Downtown Develop a placemaking plan for downtown Select consultant & execute contract 1 /2023 Community Outreach 1 /2023 - 4/2023 Final Placemaking Report 5/2023 Draft Centers Chapter text (redline) 6/30/2023 incorporating Goals, Policies and Actions from Placemaking report. Page 12 of 13 64% 11'•iasFmu.on Slate N F �--mentnf Ri,i� C�xnmet�e Attachment B: Budget SFY 2023 Task/Deliverable Commerce Grant Funds Deliverable 1 — draft new policies, goals, and regulations for CC-C and downtown (part of updated vision for the City Center) Deliverable 2 — Placemaking plans for Downtown Total Grant (SFY 2023 only) SFY 2023 Amount $112,500 $50,000 $87,500 1 $162,500 Page 13 of 13 7f COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH WA COMMERCE - HOUSING ACTION PLAN IMPLEMENTATION POLICY QUESTION: Should the City enter into an interagency agreement with WA Department of Commerce to reimburse the City for consultant costs related to implementation of the Housing Action Plan? COMMITTEE: Land Use & Transportation MEETING DATE: Feb. 6, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. Interagency Agreement Options Considered: 1. Authorize the Mayor to enter into the interagency agreement. 2. Do not authorize the Mayor to enter into the interagency agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: OjAhlns DIRECTOR APPROVAL. 1" 2-v f'nnsmi r .mnti nitiaivatc COMMITTEE RECOMMENDATION: I move to forward the proposed interagency agreement to the February 21, 2023, Consent Agenda for approval. of the interagency agreement and authorize the Mayor to execute said agreement. " V (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 — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 25, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Director �14--- SUBJECT: Interlocal Agreement with WA Commerce - Housing Action Plan Implementation Financial Impacts: The interagency agreement with the WA Department of Commerce ("Commerce") will allow the City to be reimbursed for up to $100,000 of accrued costs associated with work conducted by Heartland, LLC., to assist in the implementation of the approved Housing Action Plan ("HAP"). Background Information: On January 4, 2022, the City Council approved'application for a $100,000 grant from Commerce to provide funding for implementation of the City's approved HAP. Specifically, the grant from Commerce was to utilize a consultant to provide technical resources to help implement two of the strategies listed in the Housing Action Plan. At the time of grant acceptance,, staff did not obtain City Council approval to sign the associated interagency agreement. The City Council also needs to approve entering into the interagency agreement with Commerce, which is included as Attachment 2, in order to receive and apply the grant funding. There is no local matching requirement for this grant. Rev. 7/18 Washington State partment of i] Commerce Interagency Agreement with For City of Federal Way through Growth Management Services Housing Action Plan Implementation (HAPI) Grant to Implement an Existing Housing Action Plan Start date: Date of Execution TABLE OF CONTENTS Special Terms and Conditions 1. Authority ........... .................... ____ ..--..................................................1 2. Contract Management .................................... ........................................... ............1 3. Compensation ............................... ............ ___ ....-----.--•---........._........ ............1 4. Billing Procedures and Payment...-.. ................................ ................. ............ 1 5. Insurance................................................................. _.._..... 6. Subcontractor Data Collection......................................................-_,....-_...........-....2 7. Order of Precedence.............................................................................. .--...2 General Terms and Conditions 1. Definitions....................................................................:::.....:....................:............ 3 2. All Writings Contained Herein .................................................. 3 3. Amendments........................................................................:.............:.......:...........3 4. Assignment............................................................................................................ 3 5. Confidentiality and Safeguarding of Information .............. ... ...::.:...:.......................... 3 6. Copyright...........................................................................:..:......:..........................4 7. Disputes................................................................................................................. 4 8. Governing Law and Venue.................................,..................................................4 9. Indemnification....................................................... :................................................. 5 10. Licensing, Accreditation and Registration.............. 11. Recapture.............................................................................:......:..........................5 12. Records Maintenance............................................................................................5 13. Savings...............................................................,..:...........................,.........:......... 5 14. Severability................................................................................:........,..........:..:.....5 15. Subcontracting.................................................... ........................ ............:.............. 5 16. Survival................................................................................:......:......:...................6 17. Termination for Cause......................................................,...:..:..........::...................6 18. Termination for Convenience............................................,...::............::.....:............6 19. Termination Procedures..........................................................................:.:............6 20. Treatment of Assets............................................................................................... 7 21. Waiver................................................................. 7 Attachment A, Scope of Work Attachment B, Budget FACE SHEET Contract Number: 22-63314-012 Washington State Department of Commerce Local Government Division Growth Management Services Housing Action Plan Implementation (HAPI) Grant 1. Contractor 2. Contractor Doing Business As (optionao City of Federal Way N/A 33325 8th Ave S Federal Way, WA 98003-6325 3. Contractor Representative 4. COMMERCE Representative Keith Niven Keri Sallee PO Box 42525 Planning Manager Senior Planner 1011 Plum Street SE 253.835.2643 360.725.3064 Olympia, Washington Keith.niven@cityoffederalway.com cityoffederalway.com keri.sallee@commerce.wa.gov 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $100.000 Federal: ❑ State: ® Other: ❑ N/A: ❑ Date of Execution June 30, 2023 9. Federal Funds (as applicable) Federal Agency: CFDA Number NA NA NA 10. Tax ID # 11. SWV # 12. UBI # 13. DUNS # NA SWV 00-1595700 601-223-538 NA 14. Contract Purpose Implementation of RCW 36.70A.600 grant funding to address housing affordability through implementation of selected strategies from the city's adopted housing action plan. 15. Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are govemed by this Contract and the following documents hereby incorporated by reference: Attachment "A"— Scope of Work and Attachment "B" — Budget. FOR CONTRACTOR A FOR COMMERCE Mark K. Barkley, Assistant Director Brian Davis, Interim City Administrator City of Federal Way Local Government Division Date Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed one hundred thousand dollars ($100,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the performance -based Scope of Work (Attachment A) and Budget (Attachment B). 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance -based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE'S acceptance of Contractor's performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 22-63314-012. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. The grantees must invoice for all expenses by June 17, 2023. COMMERCE will pay Contractor for costs incurred prior to the start date of this Agreement, if such costs would have been allowable on or after July 1, 2021, the start date of the 2021-2023 biennium. To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 5. INSURANCE Each party certifies that it is self -insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes i. All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; ii. All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. State of Washington Interagency Agreement Updated August 2019 Department of Commerce IPage 4 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. ., If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 6 GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 Attachment A Scope of Work Further work associated with an adopted housing action plan to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes (RCW 36.70A.600(2)). In doing this work, cities are encouraged to prioritize the creation of affordable, inclusive neighborhoods and to consider the risk of residential displacement, particularly in neighborhoods with communities at high risk of displacement (RCW 36.70A.600(9)). This work includes the following strategies from an adopted housing action plan. Strategy 5: Ensure that financial and regulatory incentives for mixed -income housing are effective. Strategy 6: Review school impact fees on multifamily housing. Commerce will be monitoring the contracts biannually to review progress in meeting milestones, deliverables and invoicing. Steps/ Deliverables Description Start Date Action is Evaluate effectiveness of existing incentives developed by the City to facilitate housing production & review permitting prioritization effects. Step 1.1 Evaluate mandatory inclusionary zoning per 4/1/2022 FWRC 19.110.010(2) regulations that requires that developments with 25 units or more provide 5% of total of rental units be affordable for households with incomes at 50% AMI. Step 1.2 Evaluate optional density bonus per FWRC 4/1/2022 19.110.010 (3)(a) that allows one bonus market -rate unit for each affordable unit included in the project; up to 10% above the maximum density of the underlying zoning district. End Date 6/1/2uzz 6/1 /2022 6/1 /2022 Attachment A Step 1.3 Review the city's multifamily dwelling unit 4/1/2022 6/1/2022 limited property tax exemption (also known as MFTE) program per FWRC 3.30 serving 80- 115% AMI. Step 1.4 Review permitting practices of peer cities 4/1/2022 6/1/2022 regarding prioritization of housing permits. Action I Market evaluation and multifamily 4/1/2022 6/1/2022 development feasibility study Step 1.5 Evaluate property values and market 4/1/2022 6/1/2022 conditions for 2024 target year to account for impacts from operating LRT. Step 1.6 Provide construction costs for targeted 4/1/2022 6/1/2022 housing types (4+ stories with structured parking — ownership and rental). Include cost of required open space, parking, etc. Action 1c Review influence of impact fees and 4/1/2022 9/1/2022 system development charges on multifamily housing. Step 1.7 Engage with residential developers to 6/1/2022 9/1/2022 understand the influence impact fees have on their project proforma for multifamily and single family. Action 1d Draft findings of development regulation 5/1/2022 7/1/2022 and incentive review, market study, and impact fee analysis Step 1.8 Present draft analysis to the Planning 7/15/2022 8/3/2022 Commission at Study Session meeting Action 1e Gap analysis: Address the findings from 7/1/2022 10/30/2022 the development regulation and incentive review, market study, and impact fee analysis to effectively facilitate a more balanced housing mix in the City while meeting policy goals. Step 1.9 Quantify impediments (financial and 7/1/2022 9/1/2022 regulatory gaps/barriers) to housing development meeting 2044 housing target. Step 1.10 Review potential new housing development 7/1/2022 9/1/2022 incentives permitted under state law. Step 1.11 Identify strategies to attract condominium 7/1/2022 9/1/2022 development to increase homeownership opportunities in mixed -use zones. Attachment A Deliverable 1 Existing Conditions ..rt & Gap Analysis 4/112022 1i i i Action 2 Remediation Recommendation Report to 7/1/2022 12/31/2022 address gaps to achieving a more balanced housing mix Step 2.1 Develop strategy the City can implement to 7/1/2022 11/1/2022 address the identified gaps. Identify code sections to be updated and adopted by June 2023 and future development regulations extending to 2024. Step 2.2 Seek feedback from stakeholders and 6/1/2022 9/1/2022 community. Step 2.3 Present remediation recommendations draft 11/1/2022 11/16/2022 to the Planning Commission at Study Session meeting 2 Final ..12/31/2022 remediationDeliverable to address gaps to achieving a Action 3a balancedreport more Prepare a program benchmark template 8/1/2022 2/1/2023 to track the use and effectiveness of the city's development incentive program(s). Step 3.1 Develop City tracking tool to track annual 8/1/2022 2/1/2023 housing production as a function of reaching adopted targets. Action 3b Policy audit and alignment for high 12/1/2022 4/1/2023 opportunity mixed use zones (CC-C, CC- F, BC) Step 3.2 Identify misalignments between remediation 12/1/2022 2/1/2023 recommendations and Comprehensive Plan policies for high opportunity mixed use zones that create barriers to meeting housing target and desired housing development. Step 3.3 Seek feedback from stakeholders and 2/1/2023 3/1/2023 community. ProgramDeliverable Draft - Policy Recommendations Step 3.4 Internal review among City Departments 4/1/2023 4/15/2023 - ProgramDeliverable Final .. Policy Recommendations Attachment A Action 4 Amend regulations based on HAP 11/16/2022 6/15/2023 Strategies #5 and #6 to ensure existing financial tools (e.g., impact fees) and regulatory incentives for mixed -income housing are effective using findings from the remediation recommendations report. Step 4.1 Draft ordinances based on HAP Strategies 11/1/2022 12/15/2022 5 and 6 to ensure existing financial and regulatory incentives for mixed -income housing are effective using findings from remediation recommendations report. Step 4.2 SEPA checklist, public noticing, and 12/1/2022 12/31/2022 distribution of materials Step 4.3 Planning Commission public hearing 1/1/2023 2/1/2023 Step 4.4 Incorporate changes from Planning 2/1/2023 3/1/2023 Commission developmentDeliverable Draft recommendationsdecrease existing barriersfinancial and regulatory housing production an. affordability the City. Step 4.5 Land Use and Transportation (LUTC) 3/15/2023 4/30/2023 Committee Meeting Step 4.6 Proposed code amendments presented to 5/1/2023 6/15/2023 City Council for adoption Deliverable Adopted . -T 3115/2023 6/151:210-23 4b remediation recommendations to barriersdecrease existing financial and regulatory production ... Attachment B Budget Deliverable 1. Existing Conditions Report & Gap Analysis 1 $25,000 Deliverable 2. Final remediation recommendations report to address gaps to $25,000 achieving a more balanced housing mix. Deliverable 3a. Draft Program benchmark template and Policy Recommendations $3,000 Deliverable 3b. Final Program benchmark template and Policy Recommendations $2,000 Deliverable 4a. Draft development regulations that implement remediation recommendations to decrease existing financial and regulatory barriers to housing $25,000 production and affordability in the City. Deliverable 4b. Adopted ordinances that implement remediation recommendations to decrease existing financial and regulatory barriers to housing production and $20,000 affordability in the City. Total: 1 $100,000 NOTE: The final Deliverable(s) for this grant represents a minimum of twenty percent (20%) of the total grant award and payment is contingent upon submittal of a copy of the final deliverable(s). COUNCIL MEETING DATE: February 21, 2023 ITEM �g #: .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE REFERENCE NETWORK AGREEMENT POLICY QUESTION: Should the City enter into an interlocal agreement with the City of Seattle to improve the global positioning system ("GPS") efficiency for survey and mapping related to utility, transportation and other public capital improvement projects. COMMITTEE: LUTC MEETING DATE: Feb 6, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑. Other STAFF REPORT BY: Cole Elliott, P.E., Development Services Manage, _DEFT: Public Works Attachments: 1. Staff Report 2. Washington State Reference Network 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: rj -W13.1 I ntial/Oute COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the February 21, 2023 agenda for approval. / ommittee Member approval of the proposed Agreement, and authorize the Mayor to execute 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 — 1 /2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Cole Elliott, P.E., Development Service Manager SUBJECT: Washington State Reference Network Agreement Financial Impacts: This item was not included within the approved budget for the Washington State Reference Network. As proposed, it will be funded by the Arterial Overlay Fund (102) and the SWM Operations Fund (401). Upon completion of the Washington State Reference Network future costs will be $1,900.00 annually. Background Information: Public Works is requesting the City Council authorize the mayor to sign the Washington State Reference Network agreement. In 2022 Public Works made two purchases to assist with design and maintenance of the City infrastructure. The first was a drone to assist with the preparation of design base maps, aerial observation of construction sites, and measurement of existing storm ponds elevations. The second was a Global Position System (GPS) survey pole. Along with both purchases came an introductory membership to the Washington State Reference Network (WSRN). The introductory membership expired on December 31, 2022. The WSRN provides real time corrections to both the survey pole and the drone which increases the accuracy to one -tenth of a foot (0.10-foot). Without the WSRN network the GPS pole must operate strictly on the available GPS satellites and therefore is horizontally accurate to 15 to 30 feet. The drone is capable of flight but will not have an accuracy on elevations that will allow base map production or stormwater pond measurements. The WSRN dramatically increases the accuracy and the speed of the GPS survey pole and the ability of the drone to take accurate measurements and locations. Rev 6/2020 WASHINGTON STATE REFERENCE NETWORK AGREEMENT Subscription Account This Washington State Reference Network Agreement (the "Agreement") is made and entered into by and between [individual, public sector entity representative or company representative], representing City of Federal Way [public sector entity], herein referred to as (the "subscriber") and the City of Seattle, acting by and through Seattle Public Utilities (the "City"). The subscriber and the City are sometimes referred to individually as the "party" and collectively as the "parties." 1 RECITALS A. Using data from satellites owned by the United States of America, global positioning systems ("GPS") can provide efficient methods for surveying and mapping activities related to utility, transportation and other public capital improvement projects. The speed and accuracy of such technology can be enhanced by linking GPS continuously operating reference stations ("CORS") to a central processing center ("CPC") in a real time GPS network ("Washington State Reference Network" or "WSRN"). Each CORS will transmit live GPS satellite data to the CPC for processing, distribution of real time positioning corrections to members of the WSRN and other authorized users, archiving, and posting on a web page application. B. The WSRN was created by the City as a cooperative effort with other governmental agencies that will operate CORS within the State of Washington. The WSRN eliminates duplication of equipment, software and operational expenditures, while providing greater coverage and accuracy of real time positioning solutions and data from each CORS. Entities that operate CORS, or otherwise contribute to the infrastructure of the network, under agreement with the City are known as "members" of the WSRN, and are provided with access accounts by agreement. Users of the network services with access accounts under agreement with the City for an annual fee are known as "subscribers". C. Each party has determined that cost savings and other public benefits can be achieved if the party becomes a subscriber of the WSRN. Page 1 of 10 V8.1 January 2023 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 2 AGREEMENT 1. CENTRAL PROCESSING CENTER (CPC) 1.1 The City shall own and be responsible, at its expense, for all aspects of the operation and maintenance of the CPC, including without limitation servers, GPSNet and other software necessary for the CPC to accomplish its tasks as set forth in this section 1. 1.2 Based on received data streams from a grid of CORS, the CPC will send system information and real time corrections via cellular connections to the subscriber's mobile devices for positioning, locating and navigating with satellites of the GPS. The CPC also shall make data files available for static GPS post processing. 1.3 The City shall operate and maintain a web application to display the system status, data generated by GPSNet software for notification of system status, availability, component quality, static data files, and general information. 1.4 The City will provide telephonic Help Desk services, from Monday through Friday, 9:00 a.m. to 3:00 p.m., but only to troubleshoot connections to the CPC servers. The Help Desk will not answer questions concerning subscriber's hardware or software, surveying or other field data collection methods, commercial cellular connections, or system status or monitoring report data that is otherwise available from the web application. 1.5 The City shall provide centralized data logging and archiving, access to CORS logged data files, access to real time corrections via wireless technology, and system monitoring for the WSRN. 1.6 The services to be provided by the City and described in this section 1 are referred to as the "WSRN Services." Page 2 of 10 V8.1 January 2023 2. CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) This section applies to WSRN members; those entities that operate CORS, or otherwise contribute to the infrastructure of the network, under agreement with the City. This section has been included in the body of this agreement to provide context to provisions cited in section 6. 2.1 By agreement with the city, WSRN members own and operate their own CORS. For the duration of said member agreements, each CORS provides to the CPC unlimited 24-hour-a-day access via Internet protocol to a data stream from each of the respective CORS. The data streams are in a form suitable for the GNSS network software at the CPC. Failure to provide data streams in such a form subjects the respective members to the provisions of section 3.6. The member shall be responsible for all costs associated with the acquisition, installation, configuration, compatibility, operations, maintenance, and any upgrades of its CORS. An individual subscribers is not responsible in any way for the acquisition, installation, configuration, compatibility, operations, maintenance, and any upgrades of any member CORS, unless a subscriber has entered into a separate member agreement with the city. 2.2 By agreement, members agree to give the City 48 hours' written notice before any of the members CORS is taken out of service for planned maintenance. If members CORS temporarily stops operating on an unplanned basis, the member shall notify the City in writing as soon as practicable. 2.3 The members have agreed to give the City 180 days' written notice before the member discontinues operation of a CORS. The City may, within 60 days of receipt of such notice or in accordance with section 3.8, notify the member that the City desires to assume operation of a non -operating or inadequately operating CORS. In such event, the members have agreed to grant the City the right of access to that CORS for as long as the City operates it; the City shall refund the pro-rata portion of the any annual fees specified in the original member agreement and the member will have no further responsibility for that CORS. 2.4 For the duration of this Agreement, the subscriber may participate with other members of the WSRN in a technical advisory committee to be staffed and administered by the members and subscribers. This committee may identify solutions, upgrades and other desired enhancements to the WSRN. Page 3 of 10 V8.1 January 2023 3. CPC ACCESS 3.1 For the duration of this Agreement, the subscriber shall have unlimited access via the number of accounts to be invoiced for per attached application form; provided, that such accounts may only be used by the individual subscriber, their company, or public sector entity (if subscriber represents a public sector entity) unless otherwise permissible as specified in section 3.4. 3.2 'Authorized account users shall access WSRN Services only via authenticated login and passwords provided under signed agreements with the City. Authentication will be achieved by using the public domain Ntrip protocol (Networked Transport of RTCM via Internet Protocol) . 3.3 The subscriber shall be responsible for the purchase, installation, maintenance, ownership and operation of all equipment needed to use WSRN Services, including without limitation the Ntrip protocol. 3.4 The subscriber shall not transfer access to any of its accounts to any person or entity not an employee of the subscriber's company or public sector entity. In the case of public sector subscribers, a contractor or consultant under contract with said public sector entity may use the account only per the provisions in sections 3.4.1 and 3.4.2. 3.4.1 If the public sector subscriber wishes to have one of its consultants or contractors access one of its accounts, the public sector subscriber will provide prior written notification to the City, with the company name, postal and e-mail address, and phone number, as well as duration of access (not to exceed three months, but may be extended via written request). Forty-eight hours after the end of the requested access time, the City will change the login and password for that account. 3.4.2 If access actually is needed for a shorter period than estimated, the public sector subscriber will notify the City within 48 hours of the end of the access period, and the City will change the login and password for that account. 3.5 The City will monitor, log and enforce account usage. Page 4 of 10 V8.1 January 2023 3.6 The password and login for a specific account shall not be used concurrently by more than one party for any WSRN Services. 3.7 The subscriber shall notify the City of any use of any subscriber access account by an individual who is not an employee of their company or respective public sector entity. 4. MANAGEMENT; COMPENSATION 4.1 Within 30 days of complete execution of this Agreement and subsequent invoicing, the subscriber shall pay a subscription fee based on any combination of the following options (the subscriber will check and initial) as an annual fee for one year of WSRN services: ■ $1,900 for [1] one account X Initials _ • $5,700 for [5] five accounts _ Initials _ • $10, 000 for [10] ten accounts Initials _ • $15,000 for [20] twenty accounts Initials_ ■ $20,000 for [40] forty accounts Initials 4.1.1 Subscribers who have selected either the 5 or 10 account options in section 4.1 also agree to participate in the research and outreach efforts of the WSRN cooperative. Such participation may include such activities as agreement to allow photographing of the subscriber's field activities for the purposes of developing outreach materials, user testimonials, a report, or other written feedback. Said outreach shall be in the amount of at least one suitable photo per year and/or one user report or one -page testimonial, or other documented feedback. Research participation may include provision of field observation results, particularly for observations made of NGS (National Geodetic Survey), or WSDOT (Washington State Department of Transportation) monuments and benchmarks, or other report(s) on aspects of network quality, positional integrity, accessibility, or availability. Said research or outreach contributions will be submitted, digitally or in hard copy via mail or email to the CPC during the subject year of subscription per this agreement. Page 5 of 10 V8.1 January 2023 4.2 Commencing one year after the anniversary date as agreed to in section 5.2, and annually thereafter, the subscriber will be invoiced for each subsequent year of service unless otherwise notified in writing of intent to terminate service. The subscriber will be notified of any changes in the fee structure prior to the end of each year for which the fee has been paid. The subscriber shall pay the City within 30 days of receipt of an annual invoice. 4.3 The City shall determine which entities may become members and subscribers of the WSRN. 5. DURATION 5.1. This agreement is effective upon signature by both parties and will remain in effect through each subsequent year for which the subscribers has paid the annual subscriber fee. 5.2 The anniversary date for this agreement shall be: , 2023. Note: Leave Blank. This date will be entered by "The City" upon execution 5.3 The account access will be opened upon receipt by the city of a signed agreement and complete application form. The first year of service will extend until the anniversary date of the initial invoice. An invoice for each subsequent year will be issued before said anniversary date. The service year for each subscriber will, provided the invoice is paid within 30 days of issue, continue through to subsequent anniversary dates. 5.4 Should there be a lapse in payment beyond 30 days of an invoice, the account will temporarily be closed, and the service year anniversary date will reset accordingly. 5.5 The subscriber is responsible for keeping the City informed of any change of billing mailing address, and/or billing email address, to avoid undeliverable invoices. Unpaid invoices due to invalid billing mailing/email addresses will be subject to late fees/interest. Page 6 of 10 V8.1 January 2023 6. NO WARRANTIES; LIMITATION OF LIABILITY 6.1 Use of these WSRN services is at the subscriber's sole risk. The City provides WSRN Services on an "as is" basis. Neither WSRN members, nor the City, its officers, employees, vendors, or third -party service providers (collectively as used in this section 6, "Seattle") makes any express or implied representation or warranty of any kind with respect to WSRN Services. By way of example and not of limitation, there is no representation or warranty (a) that WSRN Services will be uninterrupted or error - free, (b) that the results obtained from using WSRN Services will be accurate, reliable, complete or current, or (c) of merchantability or fitness for a particular purpose. WSRN Services and information related thereto are subject to change without prior notice. 6.2 Neither Seattle nor the subscriber, or WSRN members, is liable for any damages arising out of or in connection with WSRN Services, including without limitation mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or failures of the CORS. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 7. DISPUTE RESOLUTION In the event of a dispute between the parties regarding this Agreement, the parties shall attempt to resolve the matter informally. If the parties are unable to resolve the matter informally within 30 days, the matter shall be decided by subscriber and the Public Utilities subject to any other legal remedies the parties may have, including, but not limited to, mediation or litigation. S. NOTICES All notices and invoices required in connection with this Agreement shall be in writing and deemed to have been duly given if personally delivered or sent by e-mail, fax, United States mail or overnight delivery service, each with proof of receipt, as indicated below or as otherwise indicated in writing by one party to the other. Page 7 of 10 V8.1 January 2023 Seattle Public Utilities Engineering and Technical Services Division PO Box 34018 Seattle, WA 98124-4018 Fax: 206-684-7396 E-mail: gavin. schrock'a seattle . gav 9. OTHER PROVISIONS City of Federal Way Public Works 33325 8th Avenue South Federal Way, WA 98003-6325 Fax: 253-835-2709 E-mail: EJ.Walsh@cityoffederalway.com 9.1 Nothing contained herein is intended to, nor shall be construed to, create any rights in any party not a signatory to this Agreement, or to form the basis for any liability on the part of the City, the subscriber, or their officials, employees, agents, or representatives, to any party not a signatory to this Agreement. 9.2 Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9.3 If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the parties. 9.4 The captions in this Agreement are for convenience only and do not in any way limit or amplify the provision of this Agreement. 9.5 This Agreement, including Recitals (which by this reference are incorporated herein) contains the entire agreement of the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. 9.6 The provisions of this Agreement shall be construed as a whole according to their common meaning and consistent with the other provisions herein contained in order to achieve the objectives and purposes of this Agreement. Each party and its counsel (if the party so desires) has reviewed and revised this Agreement. Each Party agrees that the usual rule of construction to the effect that any ambiguities are to be Page 8 of 10 V8.1 January 2023 resolved against the drafting party shall not be employed in the interpretation of this Agreement. 9.7 This Agreement may be amended only by an instrument in writing, duly executed by both parties. 9.8 This Agreement shall be governed and construed in accordance with the laws of the State of Washington. IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date last written below. The City of Seattle fSignl Tanya Treat Director Engineering and Technical Services Division Seattle Public Utilities Date: The Subscriber [Sign EJ Walsh Public Works Director Date: City of Federal Way Page 9 of 10 V8.1 January 2023 WASHINGTON STATE REFERENCE NETWORK Application for Subscription Account(s) All information will be kept strictly confidential unless otherwise indicated by applicant Contact Information Applicant Name * [Individual or Primary Contact] a. Daytime Phone * [Primary Contact] b• Cell fPrimary Contact] C. Email * will be added to notification list] d. Billing Email * 1who we send invoices to e• Representing * fSelf, Company or Public Entity] f Alternate Contact to act on yourbehal g Alternate Phone h Alternate Email (Add to notification list? y I n ? ]- Do you wish to be added to the email list for the WSRN Tech Advisory (Users Group)? y/ n Billing Address * Mailing Address (same?] y / n k, r. M. S. n. t. 0. City p• State U. City v. State q. Zip 1. W. Zip ONE — y• Annual subscription rate in effect for all new accounts: $1 900.00 US ifee includes all applicable taxes FIVE $5,700.00 US [fee includes all applicable taxes] x. Number of Logins* TEN _ $10,000.00 US [fee includes all applicable taxes] (Check One or 20 $15,000.00 US [fee includes all applicable taxes] Combinations) 40 $20,000.00 US [fee includes all applicable taxes] Conditions. The applicant hereby agrees to the terms of the attached subscriber agreement and that an invoice will be issued and mailed to the above billing address for an amount equal to the number of accounts requested [per box "x"] multiplied by the current annual subscription rate [per box "y"]. The accounts will be activated on receipt of this application and a signed user agreement. Invoices will be issued and mailed to the above billing address. Invoices will be issued and sent to the above billing email address. Monthly statements will be sent to the above mailing address. The applicant will have 30 days to pay upon receipt of the invoice. If payment is not received within the 30 days, the account will be suspended until payment is received. Applicant Initials* Preference for Login Names max. 8 characters minimum 4 alpha characters plus z minimum of two numeric (e.g. " ABCD12"). Your password(s) will be issued, phone if you need to change the password(s). Logins can be used for real-time and web services. Leave blank if Leave blank if you wish you wish to retain the same logins as your test account. Or leave blank if you wish the WSRN to use the same as test to assign. to ins Mail or email completed agreement and application to: Seattle Public Utilities Attn: Gavin Schrock Signature of Applicant* 700 5th Ave, Ste 4900 Seattle WA 9.8124 Date* * Indicates required fields. To avoid interest/late fees for unpaid invoices, please inform the WSRN of any change of billing mailing address, and/or billing email address. Page 10 of 10 V8.1 January 2023 s /iL COUNCIL MEETING DATE: February.,?, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG 21-177 SECURITY SOLUTIONS NORTHWEST, INC RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the Steel Lake Maintenance Shop Security System project as complete and authorize staff to release the retainage? COMMITTEE: F pr46v2s MEETING DATE: Jail�� 2-1` U'�� CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the Steel Lake Maintenance Shop Security System project as complete and release the retainage $5,596.93 to Security Solutions Northwest, Inc. 2. Do not approve the Steel Lake Maintenance Shop Security System project as complete and release the retainage $5,596.93 to Security Solutions Northwest, Inc and provide direction to staff. MAYOR'S RECOMMENDWION: Option 1. r } MAYOR APPROVAL: L GQ�/ DIRECTOR APPROVAL: ' 3 Ctoni Stre Council 1 e Initial/Date Initial/Date •COMMITTEE RECOMMENDATION: "I move to forward accepting the Steel Lake Maintenance Shop Security System project as complete and release the retainage $5,596.93 to Security Solutions Northwest, Inc to the February, 3, consent agenda.for approval." P� Committee Chair Committee t'.I Ue`n r Committee Member PROPOSED COUNCIL MOTION: `I move approval of accepting the Steel Lake Maintenance Shop Security Sys11�5praject as complete and release the retainage $5,596.93 to Security Solutions Northwest, Inc. " (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: January 19, 2023 TO: City Council Members VIA: Mayor Jim Ferrell Brian Davis, City Administrator FROM: Autumn Gressett, Contract Administrator SUBJECT: AG 21-177 Security Solutions Northwest, Inc Retainage Release Financial Impacts The remaining cost of $5,596.93 to the City for retainage release on the Steel Lake Maintenance Shop Security System was included within the approved budget under the Parks Department, 001-7100-331-576-80-480. In accordance with the approved budget, this item is funded by General Fund. Background Information: The City solicited bids for the replacement of the Steel Lake Maintenance Shop Security System in 2021. Security Solutions Northwest, Inc was the lowest responsive bidder in the amount of $55,939.64, with the Retainage amount on this public work project at $5,596.93. Prior to the release of Retainage on public works projects the City must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/ 1 S Z 1 1 7i COUNCIL MEETING DATE: February.-T, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG 22-012 POLICE GATE REPLACEMENT RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the Police Gate Replacement project as complete and authorize staff to release the retainage? COMMITTEE: F '1 �Lvks pS MEETING DATE: _ , - Zf t_ l- CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett; Contract Administrator DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the Police Gate Replacement project as complete and release the retainage $2,724.97 to John R Leskajan, LLC dba Tacoma Iron Work. 2. Do not approve the Police Gate Replacement project as complete and release the retainage $2,724.97 to John R Leskajan, LLC dba Tacoma Iron Work and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. 1 MAYOR APPROVAL: Initial Initial/Date APPROVAL: -M 1111/9923 COMMITTEE RECOMMENDATION: "I move to forward accepting the Police Gate Replacement project as complete and release the retainage $2,724.97 to John R Leskajan, LLC dba Tacoma Iron Work.to the February -7," 2023, consent agenda_for approval. " 21 CgfiuTAx'ee Chair V 1 i. -:LC JvV,— Lri L-ct %oAlr-- f mb Committee Member PROPc7D COUNCIL MOTION: "1 Move approval of rrctnepting the Police Gate Replacement project as cnnzple e and release the retainage $2, 724.97 to John R Leskajan, LLC dba Tacoma Iron Work.. " (BELONG TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ AIOVED TO SECOND READING (a•drna ces achy ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 19, 2023 TO: City Council Members VIA: Mayor Jiro Ferrell Brian Davis, Interim City Administrator FROM: Autumn Gressett, Contract Administrator SUBJECT: AG 22-012 Police Gate Replacement Retainage Release Financial Impacts: The remaining cost of $2,724.97 to the City for retainage release on the Police Gate Replacement Project was included within the approved budget under the Parks Department, 303-7100-129-594-76-480. In accordance with the approved budget, this item is funded by Major Maintenance. Background Information: The City solicited bids for the replacement of the Police Gate Replacement project in 2021. John R Leskajan, LLC dba Tacoma Iron Work was the lowest responsive bidder in the amount of $54,499.50, with the Retainage amount on this public work project at $2,724.97. Prior to the release of Retainage on public works projects the City must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/18 12�► 70 COUNCIL MEETING DATE: FebruaryX, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG 22-031 COMMERCIAL FENCE CORPORATION RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the Steel Lake Maintenance Facility Fencing project as complete and authorize staff to release the retainage? COMMITTEE: 4L6DAA42 �n�5p� MEETING DATE: - . - CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the Steel Lake Maintenance Facility Fencing project as complete and release the retainage $7,602.52 to Commercial Fence Corporation. 2. Do not approve the Steel Lake Maintenance Facility Fencing project as complete and release the retainage $7- 02.52 to Commercial Fence Corporation and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: K, i liltial COMMITTEE RECOMMENDATION: "I move to forward accepting Steel Lake Maintenance Facility Fencing project as complete and release the retainage $7,602.52 to Commercial Fence Corporation to the Februar}-?: 2023, consent agenda for approval. " L 1 C ziunitte hair o1nmittee ml er Committee Member PROPOSLD COUNCIL MOTION: "I move approval of ❑cceplYng the Steel Lake Maintenance Facility Fencing project r�V complete and release the retainage $7,602.52 to Commercial Fence Corporation. " tBELOW TO BE COMPLETED BY CITY CLERIC'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onh) ORDINANCE # REVISED — 1 1/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 19, 2023 TO: City Council Members VIA: Mayor Jim Ferrell Brian Davis, City Administrator FROM: Autumn Gressett, Contract Administrator SUBJECT: AG 22-031 Steel Lake Maintenance Facility Fencing Retainage Release Financial Impacts: The remaining cost of $7,602.52 to the City for retainage release on the Steel Lake Maintenance Facility Fencing project was included within the approved budget under the Parks Department. In accordance with the approved budget, this item is funded by ARPA funding. , Background Information: The City used the Small Works Process for the Steel Lake Maintenance Facility Fencing project in 2021. Commercial Fence Corporation was the lowest responsive bidder in the amount of $76,025.15, with the Retainage amount on this public work project at $7,602.52. Prior to the release of Retainage on public works projects the City must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/ 18 7k COUNCIL MEETING DATE: February 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 20,23 WORK PLAN ITEM #: POLICY QUESTION: Should the City Council approve the Arts Commission 2023 Work Plan? COMMITTEE: PRHSPS MEETING DATE: February 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Manager DEPT: Parks Attachments: 1. Staff Report 2. Arts Commission 2023 Work Plan Options Considered: 1. Approve the proposed Arts Commission 2023 Work Plan. 2. Do not approve proposed Arts Commission 2023 Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: r I 7 DIRECTOR APPROVAL: I7' vzf Coin ittee Conn Initia atc Initiallbat Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Arts Commission 2023 Work Plan to the February 21, 2023 consent agenda for approval. Committee Chair Committee tuber Committee Member PROPOSFIi COUNCIL MOTION: "I move approval of the proposed Arts Commission 2023 Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 21, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission 2023 Work Plan Financial Imnacts: The Arts Commission Work Plan does not have a direct financial impact. Background Information: The Arts Commission 2023 Work Plan sets the priorities and projects for the Arts Commission for the coming year. At the January 5, 2023 meeting the current Arts Commission reviewed and voted on this work plan to guide them in 2023. A few highlights of the 2023 Work Plan include: Arts Explosion, Traffic Graffics, Summer Sounds concert series, and supporting local arts groups through Contract for Services. The detailed Work Plan is attached. Rev. 7/18 Updated Tuesday, January 17. 2023'day, Tani ary 13 .2023 CITY OF �• Arts Commission Federal i111'ay 2023 - WORD PLAN Mission Statement: The charge of the Federal Way Arts Commission is to develop a community where cultural heritage is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks _T Who When 1. A. Maintain PAEC and Knutzen Family Theatre a. Distribute gallery applications, select Vickie — Gallery + HS Exhibits artists, and install exhibits. 1. B. Arts Alive Juror's Choice winner will be b. PAEC, DBC gallery 3 or more exhibits. Kim Ongoing given exhibit space in a gallery. c. Assist with Historical Society exhibits, as needed. Public Art Committee 2. Partner with the Court to offer a student art a. Assist with development of criteria for January - contest. Judges need to be present at the Council entry and selection. March meeting to meet and award the winners. b. Assist with distribution of marketing ALL March -June Committee Chair: materials. c. Assist with jury of entries. d. Attend and assist with reception. 3. Sponsor Arts Alive Arts Juried Art Show Re -format the Arts Alive Exhibition and reception. Update the application forms. ALL Sept - Assist w/take-in, hanging, and reception. December 4. Traffic Graffics The city has over 1,500 utility boxes and many of them are located in highly visible Karen, Kenny, Kim Ongoing areas. Working to install vinyl artwork on every box. 1 Box for 2023. Cultural Outreach 1. Develop a relationship/visibility w/business Organize chamber attendance, distribute Committee community (i.e. branding). promotional materials ALL Ongoing 2. Social Media and Website to promote ongoing Update city a/c webpage and FB page; Arts Commission's programs write press releases (must be approved by Vickie, Staff Ongoing Comm. Director prior to sending) Committee Chair: 3. Partner with School District as art is brought to a. Begin outreach. Assess desire to display Federal Way, with emphasis on multi -cultural artwork in public areas Jan, FWPS Staff Ongoing diversity (Scholar Art in the City Program) b. Meet/develop relationship with FWSP individual schools and faculty Programs Committee — 1. Develop Cultural Arts Opportunities at RWBF a. Organize artists in action and arts activities and interactive art areas b. Sponsor (grant from 4-Culture) Kim, Cassie Feb -July performance stage Committee Chair: 2. Manage Contract For Services Program a. Review application guidelines Staff, Karen June -Aug b. Move toward online application process 3. Sponsor Outdoor Summer Concert Series + a. Sponsor Summer Sounds concerts ALL, Staff July -Aug Theater in the Park Program b. Attend concerts as a group c. Guest emcee: speak on arts pro rams 4. Partner with the Rhododendron Garden for a. Staff booth Blue Poppy Day. b. Work with artists to set up photograph or sculpture gallery for duration of event Vickie May c. Develop event specific sponsors d. Coordinate performing schedule 5. Sponsor Arts Explosion at the PAEC a. Coordinate call for artists June 2-4, 2023 b. Develop event specific sponsors c. Work with artists to secure their artwork d. Coordinate schedule of the weekend e. secure PAEC event space for first weekend in June Karen, Vickie, Kenny, January f. Find walls to rent for hanging artwork Iveta June g. Continue relationship with Arts Foundation h. Secure jurors for juried portion of show i. Reception on Friday 6. Sponsor Tree Lighting Tree Lighting support through volunteer and budget ALL December 1. Resident Artists Support — all groups a. Research and compare cultural plan of other cities b. Research possible update of cultural plan Karen Ongoing c. Work to incorporate with City/Council's strategic plan 2. Work to discover the potential of Federal Way Share or plan visits to arts and multi -cultural becoming a Creative District through ArtsWA activities as a group. ALL Ongoing Special Projects 3. Develop a scholarship for at risk YouthNoung a. Develop a plan that outlines what the Adults for mural art projects criteria would be for a project ALL Summer a. Research Feasibility 4. Asphalt Art ALL Ongoing 5. Vision a. Have an art co-op/space to make art b. Create a bandstand in Town Square ALL Ongoing Park Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate .new commissioner orientation and annual retreat; assist the commission w/development of marketing materials; maintain website; contract management; assist the Arts Commission Chair with development of bi-annual budget. _ __ 71 COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2023 CONTRACT FOR SERVICES POLICY QUESTION: Should the City Council approve the Arts Commission 2023 Contract for Services funding recommendations? COMMITTEE: PRHSPS MEETING DATE: February 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cod Geddes, Recreation Mana er DEPT: Parks Attachments: 1. Staff Report 2. Arts Commission 2023 Contract for Services Funding Recommendations Options Considered: 1. Approve the proposed Arts Commission 2023 Contract for Services Funding Recommendations. 2. Do not approve proposed Arts Commission 2023 Contract for Services Funding Recommendations and provide direction to staff. MAYOR'SRECOMMENDATION: Option 1. MAYOR AFPR , A Vy d4•� ^^�� iREcTOR APPROVAL: ommittcc Cou •il initiallpak initialli?ute InitidllL]aie COMMITTEE RECOMMENDATION: I move to forward the proposed Arts Commission 2023 Contract for Services Funding Recommendations to the February 21, 2023 consent agenda for approval. Lr� Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Arts Commission 2023 Contract for Ser0ces Funding Recommendations for a total amount of ,$42,500. 00. " (BELOW TO BE COMPLETED BY CITYCLERK S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # _ REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 21, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Arts Commission 2023 Contract for Services Financial Impacts: The Arts Commission 2023 Contract for Services was included within the approved budget under the Parks and Recreation Budget 001-7200-352-573-23-410. In accordance with the approved budget, this item is funded in the amount of $42,500 from the General Fund. This has been a similar amount annually for the last ten years. Back round Information: Contract for Services is a grant program for local arts groups in Federal Way. Arts groups must perform in the City of Federal Way to be eligible. Examples of funding support are Federal Way Symphony performances and Rosebud Children's Theatre performances. Each Contract for Service group submits an application and grant request to be considered for grant funding. All groups are assigned an interview time with the Arts Commission and present their grant requests. The Arts Commission uses the application and interview information to determine the funding amounts for each group within the Commission's allotted budget. The Arts Commission's funding recommendations for 2023 Contract for Services are included in the attached spreadsheet and also listed below. Centerstage Theatre - $16,500.00 Federal Way Chorale - $4,500.00 Harmony Kings - $2,250.00 Jet Cities Chorus - $2,000.00 Federal Way Symphony - $12,000.00 Federal Way Youth Symphony - $2,000.00 Rosebud Children's Theatre - $1,250.00 Auburn Symphony - $1,000.00 Federal Way Lions - $1,000.00 Rev. 7/18 Contracts for Services 2018 Request 2023 Proposed 2022 2021 2020 2019 2018 2017 Organization Allocation Allocation Allocation Allocation Allocation Allocation Allocation Centerstage 16,500.00 23 000.00 16,500.00 25,000.00 14,000.00 12,500.00 12,500.0013,000.00 30,000.00 45,908.00 9,000.00 10,000.00 10,000.00 10,000.00 FW Chorale 4,500.00 4,500.00 4,500.00 4,500.00 4,000.00 4,000.00 4,500.00 6 000.00 6,000.00 7,000.00 5,000.00 8,000.00 7,500.00 8,000.00 Harmony Kings 2,250.00 2,000.00 2,000.001 1,500.00 1,750.00 1,500.00 1,600.00 2,250.00 2,000.00 1,850.00 2,000.00 2 000.00 2,000.00 2.000.00 Jet Cities Chorus 2,000.00 0.00 1,500.00 1,750.00 13.000.00 1,500.00 1,500.00 2,000.00 2,000.00 2,000.00 3,000.00 FW Symphony 12,000.00 8,500.00 10,000.00 12,500.00 13,000.00 16,500.00 �29,200.00 18,100.00 20,000.00 10,451.00 22,950.00 25,000.00 30.000.00 30,000.00 Rosebud Children's 1,250.00 4,000.00 4,000.00 4,000.00 4,000.00 2,500.00 2,500.00 Theatre 7,000.00 4,543.00 6,000.00 10,000.00 4,000.00 10,000.00 5,000.00 FW Youth Orchestra 2,000.00 1,000.00 2,500.00 500.00 500.00 2,000.00 2,500.00 S m hog 5,000.00 5,000.00 7,300.00 5,000.00 5,090.00 5,000.00 5.000.00 Northwest Symphony 0.00 0.00 0.00 2,500.00 2,500.00 2,500.00 Orchestra NWSO 5 500.00 5,500.00 4,500.00 FW Lions - MMD 1,000.00 1,000.00 1,000.00 500.00 Make Music Day 1,100.00 1.100.00 1,000.001 3,000.00 Pacific Ballroom Dance Elementary School Pro g 10,000.00 Auburn Symphony 1,000.00 2,000.00 1,750.00` 4,000.00 3,000.00 3,500.00 South King Tool Library 2,500.00 500.00 4,500.00 2,500.00 Historical Society 1,200.00 1,500.00 Acts in Motion 1,000.00 8,300.00 Pacific Islander Assoc. 2,000.00 6,000.00 Children's Dance/Aria 0.00 5,017.00 FW Symphony B&B 0.00 0.00 5,000.00 5,000.00 Totals Allocation 42 500.00 42.500.00 42,250.00 40,500.00 40,500.00 40,700.00 40,700.00 _ Request 80 350.00 71,394.00 66,600.00 95,017.00 107,498.00 78,500.00 62,200.00 7m COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY YOUTH AND AMATEUR SPORTS GRANT POLICY QUESTION: Should the City Council accept $25,000 from the King County Youth and Amateur Sports Grant for the Get Active/Stay Active Program to provide two soccer summer camps in 2023? COMMITTEE: PRHSPS MEETING DATE: February 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Manager DEPT: Parks Attachments: 1. Staff Report 2. King County Youth and Amateur Sports Grant Agreement 3. King County Youth and Amateur Sports Grant Scope of Services 4. King County Youth and Amateur Sports Grant Budget Options Considered: 1. Accept $25,000.00 in funding from the King County Youth and Amateur Sports Grant. 2. Do not accept funding and provide direction to staff. MAYOR'S RECOMMENDATION: Ot]tion 1. MAYOR APPROVAL: DIRECTOR APPROVAL:oZ3 I n 11 t.-, etc COMMITTEE RECOMMENDATION: I move to forward the proposed grant agreement and acceptance of funds to the Fehruari)1, 2023, consent agenda for approval. 1 1 r Co mi e Chair lCommittee ember w Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed grant agreement and acceptance of funds from the King County Youth and Amateur Sports Grant. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 21, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: King County Youth and Amateur Sports Grant Financial Impacts: This item was not included within the approved 2023 budget for the Recreation Department. As proposed, it will be funded by the King County Youth and Amateur Sports Grant (YASG) — Get Active/Stay Active Program. Free soccer summer camps would be a one time opportunity for 2023. The City does not have the funds available to run the program for free again in 2024 without additional grant funding. Background Information: The YASG program is funded and sustained through a one -percent car -rental tax authorized by the State of Washington in 1993. King County Council restructured the program (formerly Youth Sports Facilities Grants) in 2017 to provide Council -directed grants, as well as competitive grants, to non-profit organizations, local governments, Tribes, and school districts. Funding is Available for sports and recreation programs and capital projects. The Federal Way Recreation Department will partner with the Federal Way Soccer Association (FWSA) to provide two free soccer camps, one for ages 5-8 and another for ages 9-12, for a week in the summer of 2023. The program is planned for 120 participants. Federal Way Community Center will handle all participant registration, and FWSA will provide coaches and instruction for participants. This will be a skills -based camp intended to work with youth of all different skill levels. Games will mainly be cooperative and focused on building skills. Typical cost of a soccer camp would be $150 per participant. This program will be offered to participants free of charge, supported by grant funding from the King County Youth and Amateur Sports Grant. Rev. 7/18 Department/Division: LIM King County Youth and Amateur Sports Grant Agreement Get Active / Stay Active Program Natural Resources and Parks / Parks and Recreation Division Agency: City of Federal W Project: Youth Sports Equipment and Programming Amount: $25,000.00 Term Period: January 1, 2023 ject: 1142067 Contract: 6257782 To December 31, 2023 THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Federal Way (the "Agency"), whose address is 33325 8th Ave. South, Federal Way, WA 98003 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or acts as a fiscal sponsor for such programming; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund ("YASF") Grant award to assist in programs that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant program and enter into agreements for the use of King County funds by public agencies or not -for -profit organizations to provide a service to the public under King County Ordinance 18409; NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: ® Scope of Services Attached hereto as Exhibit I ® Budget Attached hereto as Exhibit II 2. TERM OF CONTRACT This Agreement shall commence on January 1, 2023 and shall expire on the December 31, 2023, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. 3. PREMISES This grant program is located at: Celebration Park - 1095 South 324th St, Federal Way WA 98023 4. PARTIES All communication, notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Program Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 500 Seattle, WA 98104-3855 Email: butch.Iovelace@kin c�yov_ Phone: 206.477.4577 On behalf of Agency: Cody Geddes, Recreation Supervisor City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 Email: cody.geddes(-a)cityoffederalway.com Phone: 253-835-6926 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Agreement after the Agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than thirty (30) days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as Exhibit II, the Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the Agreement amount, then the Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget must accompany each request for such approval. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize County as a fiscal sponsor for the grant program in the following manner: A. Events: The Agency shall invite and recognize "King County Parks" at all events promoting the project, and at the final project dedication. B. Community Relations: The Agency shall recognize "King County Parks" as a fiscal sponsor in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PRIORITY OF USE: PUBLIC ACCESS, SCHEDULING These funds are provided for the purpose of developing and/or programming sports activities for, but not exclusively serving, persons under 21 years of age, and low and moderate income communities within King County. Fees for the program shall be no greater than those generally charged by public operators or program providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington (RCW) Chapter 40.14. 10. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 11. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Program upon reasonable notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations, in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety. and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this Section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Agreement. 13. CORRECTIVE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time, as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 14. TERMINATION A. The County may terminate this Agreement in whole or in part, with or without cause, at any time during the Term of this Agreement, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Agreement beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Agreement will terminate automatically at the close of the current appropriation year. 15. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's exercise of rights and privileges granted by this Agreement, except to the extent of the County's sole negligence. The Agency's obligations under this Section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, the Agency and its subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liabili . Insurance Service "occurrence" form CG 00 01 (current edition), to include Products -Completed Operations, insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Agreement. The insurance coverage shall be no less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate. 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol 1 "any auto". If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million Dollars ($1,000,000) per occurrence. 3. Workers Compensation/StU Gap. If the recipient or its contractor(s) has/have employees. Statutory Workers Compensation coverage and Stop Gap -Liability for a limit no less than One Million Dollars ($1,000,000) per occurrence. 4. Professional Liability. If the grant includes the use of Professional Services. Professional Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) in value, the Agency shall provide "All Risk" Builders Risk or Property coverage for the full replacement value of the project/property built/purchased. King County shall be listed as an additional Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability insurance, with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products -Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractor's insurance, and shall not benefit either in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A-VIII. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a municipal corporation or an agency of the State of Washington and is self -insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. H. The Agency's duties under this Section shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in Section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this Section. 18. ANTI -DISCRIMINATION King County Code chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, religion, national origin, sexual orientation, gender identity or expression, marital status or the presence of any sensory, mental, or physical disability unless based upon a bona fide occupational qualification, or age except by minimum age and retirement provisions, and this requirement shall apply to but not be limited to the following: employment, advertising, lay-off, or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity or expression, age (except minimum age and retirement provisions), marital status, or the presence of any sensory, mental, or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension in whole or in part of this Agreement by King County and may result in ineligibility for further King County agreements. [Community Partner Name] shall also comply with all applicable anti -discrimination laws or requirements of any and all jurisdictions having authority. 19. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. The Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission. Either party may change its address, fax number, email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 24. CONTRACT AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. 27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Agreement is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Agreement will be brought in King County Superior Court, King County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES The Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. The Agency shall, at its sole cost ,and expense, apply for, obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental or police powers of the County. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY FOR King County Executive Date City of Federal Way Signature NAME (Please type or print), Title Date City of Federal Way - Youth Sports Equipment and Programming - Exhibit I t YourBigBackyaxd Youth and Amateur Sports Grant GASA Program Scope of Services The Federal Way Recreation Department will partner with the Federal Way Soccer Association (FWSA) to provide two free soccer camps, one for ages 5-8 and another for ages 9-12, for a week in the summer of 2023. The program is planned for 120 participants. Federal Way Community Center will handle all participant registration, and FWSA will provide coaches and instruction for participants. This will be a skills -based camp intended to work with youth of all different skill levels. Games will mainly be cooperative and focused on building skills. Typical cost of a soccer camp would be $150 per participant. This program will be offered to participants free of charge, supported by grant frunding from the King County Youth and Amateur Sports Grant. Organization The City of Federal Way Recreation Department is committed to providing youth and adult enrichment programming for the City of Federal Way. The mission of the Parks, Recreation and Cultural Services Department is to enrich community life through the provision and stewardship of parks, leisure and cultural experiences. Program Management The City of Federal Way will oversee staff and personnel for the camps. FWSA will provide coaches that currently serve youth in the Federal Way Community. FWSA will design and implement camp activities for the participants. An MOU between CFW and FWSA will define and direct each party's' roles and responsibilities. Exhibit II City of Federal Way - Youth Sports Equipment - Budget Exhibit II Grant Budget Grant Award Amount: $ Program Name: Program Expenses Get Active Stay Active Grant Administration (max 15% of grant) $2,000 Personnel $0 Equipment, materials, uniforms $5,000 Scholarships & fees $18,000 Transportation $0 Nutritition Total:000 $0 7n COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY FIREWORKS DISPLAY FOR RED, WHITE, & BLUES FESTIVAL POLICY QUESTION: Should the City Council accept the bid from Western Display Fireworks, LTD. for community fireworks display for Red, White, & Blues Festival and authorize staff to execute the contract? COMMITTEE: PRHSPS MEETING DATE: February 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: Attachments: 1. Staff Report 2. Western Display Fireworks, LTD Bid 3. Goods & Services Agreement Options Considered: 1. Accept the bid from Western Display Fireworks, LTD. for community fireworks display for Red, White, & Blues Festival and authorize staff to execute the contract. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: L!Fa! IV a/DIRECTOR APPROVAL:1 ?J C mitt C cii fnit iDate ! Mal to Ini ['Ilf)a COMMITTEE RECOMMENDATION: I move to forward the bid acceptance for the community fireworks display and authorization to execute the contract to the February 21, 2023, consent agenda for approval. ° ALL Committee Chair {� Committe a ber Committee Member PROPOSED COUNCIL MOTION: "I move to accept the bid from Western Display Fireworks, LTD. for the cowmunYY y fireworks display as presented and authorize staff to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 21, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Community Fireworks Display for Red, White, & Blues Festival Financial Impacts: The cost to the City for Community Fireworks Display for Red, White, & Blues Festival was included within the approved 2023 budget under the Parks Department. In accordance with the approved budget, this item is funded by the General Fund in the amount of $25,000.00. Upon completion of the Community Fireworks Display for the 2023 Red, White, & Blues Festival, future costs will likely increase due to inflation and overall increased costs of goods and services. Background Information: The Red, White & Blues Festival is a community celebration filled with live music, food vendors, and fun activities for all ages. The event's Grand Finale is a spectacular fireworks display beginning at 10:15 PM. Attendees are encouraged to bring lawn chairs or blankets as they sit back and enjoy the festivities. Event -goers enjoy free event admission and free on -site parking. The Celebration Park parking lot opens at 3:00 PM with main stage music starting at 4:00 PM. The Fireworks display and the festival began in response to the City of Federal Way's ban on fireworks (FWRC 6.63.050) that prohibits any person to possess, use, sell, discharge, or explode fireworks of any kind within the city. Western Display Fireworks has over 60 years of experience and conducts over 100 fireworks displays per year in the Northwest. Shows include the Tacoma Freedom Fair, Seafair, and many others. Additionally, they come highly recommended by the City of Lacey which has contracted with Western Display for their July 3rd Fireworks Spectacular. Rev. 7/18 RADITION W.CTLLENCE 1. 04 Western Display Fireworks is a fifth generation -family owned business offering the finest in pyrotechnic productions. Wlth over 70 years of eyperienCe, we aYa the Diciest and largest aerial 3 display fireworks company in the Northwest and are honored to be part of hundreds of events annually. We offer custom designed displays for customers of every budget, venue and event type. As we 2- ' lr--strive to ensure that each display is snore spectacular than the last, we never lose sight of our company commitment. to the safety of our crews and spectators. s l —:• j . `�' .• We bve{co�7�e the of f?�Yrtrlrrir►� to be'a part or �i yore Ce; a►zd sl;af•e 01jr comm imoot - to exceptional customer -service, � r •�, :r 1. f �' } ... ..... ' � HEATHER GOBET president i owner * LA J. "_7 ffJ FIREWORKS Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 ■ 503,656,1999 ■ westerndisplay.com PYROTECHNIC EXCELLENCE • SINCE 1949 I COMPANY SA iEN�E EXPER 4, We maintain an unparalleled safety record through ongoing pyrotechnician training and strict adherence to Federal DOT and ATF regulations, Natio6al Fire Protection Association (NFPA) and state st`"' •�`'': '''-: •' We are committed to providing both the 04:s�a� `.. most spectacular fireworks displays.for•our clients. Our decades of experience and #� _ commitment to artistic design plus use of the �� •E. latest technology, has made us the largest and 1� ' most celebrated display fireworks company in the Northwest. We produce hundreds of shows annually for a wide variety of events. h ' Here are just a few: ,'' • ,,,� e TAGOMII FREEDOM FAIR a SEAFAIR SUMMOW R T W * PURTLAND ROSE FESTIVAL s KUNA RODrq � NA, ID r • NEWPORT 4TH OF JULY a. MUKILTEO 6&T�FUSE FESTIVAL r FIREWORKS OVER DES MOINES s CITY OF E161SE 4TH OF JULY "V, EVERETT JULY 4TH CELEBRATION a LINCDLN CITY 4TH DF JU..y! " ST. PAUL RODEO--ST. PAUL, OR YAKIMA JULY 4TH CELEBI I0N SEASIDE'S OLD FASHIONED FOURTH OF JULY ASTORIA WARRENTON 4TH OF JULY THE MILL CASINO INDEPENDENCE DAY CELEBRATION SAN JUAN INDEPENDENCE DAY CELEBRATION CITY OF RENTON FABULOUS KITH OF JULY WATERFRONT BLUES FESTIVAL—PORTLAND, OR JOINT BASE LEWIS I MCCHORD INDEPENDENCE DAY CELEBRATION ANACORTES FOURTH OF JULY CELEBRATION MELALEUCA FREEDOM CELEBRATION—IDAH❑ FALLS. ID CHINOOK WINDS CASINO ANNIVERSARY CELEBRATION DIAMOND LAKE JULY 4TH CELEBRATION 100TH ANNIVERSARY FIREWORKS Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 • western display.com PYROTECHNIC EXCELLENCE • SINCE 1948 la REFERENCES ....... .... ► . ......... 0 .. . , . . ... . . SEATTLE SEAFAIR SUMMER FOURTH Eric Corning I PRESIDENT & CEO r .. �.206.728.0123 eric,wseafair.org :t t�. ';� • ��i PORTLAND ROSE FESTIVAL r�.. r _ 1 ti • Steven Bledsoe I WATERFRONT ACTIVITIES MANAGER 503.227.2681 stevenb «)rosefestival.org N,} THE MILL CASINO INDEPENDENCE DAY CELEBRATION •r �� �' r ij�` �Y Kevin Lee I MARKETING SPECIALIST l�S t them iIIcasino.com 1 '`• 'y; . l 1;' +1 ��, ' `:�'•, j .� 5,11.756.8800 x 1565 - klee a SAN JUAN ISLAND 7` x �_� ; �;� ; .''';• �� INDEPENDENCE DAY CELEBRATION Bec ki Day I CHAMBER EXECUTIVEDIRECTOR ,360,378.5240 chamber:dsanjuanisland.org -•yc ti f "f� C:I DULY ��r�'•!!',s�• ; `: SUIY11-neI-AItleI-IISPECIAL EVENTCOORDINATOR 208.608.7618 saltieri a:cityofboise.org :�. .. 1. r• •. e�, �{'.: •:i 'I •. MELALEUCA FREEDOM CELEBRATION IDAHO FALLS, ID !J'r �' �i.'• '�: a i Tony Lima I VICE PRESIDENI OF PUBLIC RELATIONS 208,53,1.2821 tlimxd,melaleuca.corrl �'r 1 /ATEK. )NT BLUES FESTIVAL I d -r•r -� � l-I ! '1 Tyler Fuller I PRESIDENT f'•+_r1 ��.' �` err. - 503.880 0192 tyler;dlfullerevents corn r" *�•I .xs' rfr'ygr - - CITY OF LACEY JULY 3RD FIREWORKS SPECTACULAR IfI Jeannette Sieler I RECREATION SUPERVISOR 360.438.2631 • jsieler"&ci.lacey.wa.us CHINOOK WINDS CASINO ANNIVERSARY i CELEBRATION. LINCOLN CITY, OR Scott Macrae I MARKETING MANAGER rW MI ♦ *541.996.7964 scottm & C WC Resort. corn--- a Vr WESTERN DISPLAY FIREWORKS LTD Portland . Seattle . Boise P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 • western display.com PYROTECHNIC EXCELLENCE • SINCE 1948 4.0 * _ Iwo :P rtland � � at le - Boi' PYROTECHNIC EXCELLENCE • SINCE 1948 • P.O. Box 932 • Canby • Oregon 97013 • 503.656.1999 ■ westerndisplay.com 01/ESTERPJ DISPL� Y FIREWORKS r� Fireworks Display Proposal Summary City of Federal Way Red, White & Blue's 4th of July Fireworks Display July 4, 2023 Your display proposal includes the following services to be provided by Western Display Fireworks, Ltd: • Provide display liability insurance with sponsors and property owners listed as additional insured o $5,000,000 (per occurrence) general liability • Prepare the Washington State Public Display Permit to be approved by the local fire authority • Submit IFC Permit Application, along with fee to South King Fire & Rescue ■ Provide transportation for all equipment to and from the display site ■ Provide transportation by a properly licensed vehicle with a CDL hazmat driver for pyrotechnics to the display site • Provide $5,000,000 commercial auto insurance to cover transportation • Supply all necessary labor to conduct the display including a state certified pyrotechnician, assistant and crew covered under worker's compensation insurance ■ Supply all pyrotechnics as listed on the attached detailed proposal Provide necessary mortars and firing equipment required to pre -load and electrically fire the display to the Sponsor provided musical program City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Event Time Description Iositiu.. , ,n 00:02.200 3" (25 Shot) Gold Brocade Kamuro (Duration: 25 Sec.) B1 1 OPENER 00:02.200 3" (25 Shot) Gold Brocade Kamuro (Duration: 25 Sec.) B3 1 OPENER 00:02.900 4" Gold Willow w/Red Strobe Pistil 4" 2 OPENER 00:06.900 4" Gold Willow MiSreen Strobe Pistil 4" 3 OPENER 00:10.900 4" Gold Willow w/Gold Strobe Pistil 4" 4 OPENER 00:14.900 4" Gold Willow w'Red Strobe Pistil 4" 5 OPENER 00:18.900 4" Gold Willow w/Green Strobe Pistil 4" G OPENER 00272.900 4" Gold Willow w/Gold Strobe Pistil 44 7 OPENER _ 00:26.900 4" Gold Willow w/Red Strobe Pistil 4" 8 OPENER 00:30.900 4" Gold Willow wl/Green Strobe Pistil e 9 OPENER' 00:34.900 4" Gold Willow w/Gold Strobe Pistil 4" 10 OPENER 00:38.980 4" Crown Package 4CP7 00A-B 2018 a 11. 00:43.600 4" Sunny Assortment Package B 2020 4" 12 00:49.280 4" Crown Package 4CP100A-B 2018 4" 13 00:54.400 4" Sunny Package V25 4" 14 00:59.000 4" Sunny Assortment Package C 2420 4" 15 01:04.680 4" Crown Package 4CP100A-B 2018 4" 16 01:09.300 4" Sunny Assortment Package B 2020 4" 11'��■■' 01:14.400 4" Sunny Assortment Package A 2020 4" 18 01:19.500 4" Stinny Assortment Package B 2020 4" 19 01:25.200 4" Sunny Package V25 4" 20 01:29.800 4" Sunny A:;5onnient Package B 2020 4" 21 01:34.900 4" Sunny Assortment Package A 2020 4" 22 01:40.100 4" Sunny Assorlmenl Package 8 2020 4" 23. 01:45.700 4" Sunny Package V25 4" 24 01:50.300 4" Sunny Assortment Package A 2020 4" 25 City of Federal Way Show date 7/4123 Location Federal Way, WA WD Electric Cue Sheet Event Time Description 01:55.500 4" Sunny Assortment Package B 2020 4" 01:57,200 3" (25 Shot) Red Peonyr Lemon Peony/ Orange Peony (C B1 01:57.200 3" (25 Shot) Red Peony/ Lemon Peony/ Orange Peony (C B3 02:01 A C 0 4" Sunny Package V25 4" 02:05.700 4" Sunny Assortment Package C 2020 4" 02:11,300 4" Sunny Package V25 4" 02:16.000 4" Sunny Assortment Package A 2020 4" 02:21.100 4" Sunny Assortment Package C 2020 4" 02:26.680 4" Crown Package 4CP100A-B 2018 4' 02:31.900 4" Sunny Package V25 4" 02:38.730 4" Crown Package 4CP100A-C 2021 4" 02:42.080 4" Crown Package 4CP100A-S 2018 4" 02:46.800 4" Sunny Assortment Package C 2020 4" 02:51,900 4" Sunny Assortment Package B 2020 4" 02:57 000 4" Sunny Assortment Package C 2020 4" 03:02.100 4" Sunny Assortment Package B 2020 4" 03:07 78D 4" Crown Package 4CP100A-B 2018 4" 03.12,400 4" Sunny Assortment Package C 2020 4" 03 19.730 4" Crown Package 4CP100A-C 2021 4" 03:22,700 4" Sunny Assortment Package A 2020 4" 03:27.800 4" Sunny Assortment Package B 2020 4" 03:35.130 4" Crown Package 4CP100A-C 2021 4" 03.38.100 4" Sunny Assortment Package C 2020 4" 03:43.200 4" Sunny Assortment Package B 2020 4" 03:48.800 4" Sunny Package V25 4" 03,53.400 4" Sunny Assortment Package B 2020 4" Pin Notes 26 27� 27 MS#1 28 ddfi — 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 M 2/11 City of Federal Way Show date 7/4123 Location Federal Way, WA WD Electric Cue Sheet ME Event Time Description Pin Notes 03:59.100 4" Sunny Package V25 4" 51 04:05,930 4" Crown Package 4CP100A-C 2021 4" 52 04:08.800 4" Sunny Assortment Package C 2020 4" 53 04:16.230 4" Crown Package 4CP100A-C 2021 4" 04:19.600 4" Sunny Package V25 4" 55 04:24,200 4" Sunny Assortment Package B 2020 4" fi8—,A 04:29.400 4" Sunny Assortment Package A 2020 4" 57 04:35,000 4" Sunny Package V25 'V 5BTII� 04:39.600 4" Sunny Assortment Package C 2020 4" 59 04:44.700 4" Sunny Assortment Package A 2020 4" 8q 04:50.380 4" Crown Package 4CP100A-B 2018 4" 61 04:55.000 4" Sunny Assorlmenr Package C 2020 4' 62 05:02.330 4" Crown Package 4CP100A-C 2021 4" 63 05:05-300 4" Sunny Assortment Package B 2020 4" 64� 05:10.880 4" Crown Package 4CP100A-B 2018 4" 65 05-15-500 4" Sunny Assortment Package B 2020 4' 66 05:22.930 4" Crown Package 4CP100A-C 2021 4" 67 05:25.800 4" Sunny Assonme pit Package A 2020 4" 68j_ 05:31.400 4" Sunny Package V25 'VI.69 05:36.480 4" Crown Package 4CPi00A-B 2018 4" 70 M 05:41.200 4" Sunny Assortment Package C 2020 4" 71 05:46-300 4" Sunny Assortment Package A 2020 4" 72 _ 05:51.900 4" Sunny Package V25 4" 73 05:56,600 4" Sunny Assortment Package C 2020 4" 74 05:57.200 3" (25 Shot) Green Peony/ Purple Peony/ Orange Peony B1 75 MS#2 05:57.200 3" (25 Shot) Green Peonyl Purple Peon yl Orange Peony B3 75 Ms."I City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Event Time Description 06:03.930 4" Crown Package 4CP100A-C 2021 06:06.800 4" Sunny Assortment Package C 2020 06:12.000 4" Sunny Assortment Package A 2020 06:19.330 4" Grown Package 4CPI00A-C 2021 Adow 06:22.200 4" Sunny Assortment Package B 2020 06:29.530 4" Crown Package 4 C P 1 i00A-C 2021 06:32.500 4" Sunny Assortment Package A 2020 06:37.600 4" Sunny Assortment Package B 2020 06:44.930 4" Crown Package 4CP100A-C 2021 06:47,900 4" Sunny Assortment Package B 2020 06:53.480 4" Crown Package 4CP100A-B 2018 07:00,330 4' Crown Package 4 C P 100A-C 2021 07:03.300 4" Sunny Assortment Package C 2020 07:08.400 4" Sunny Assortment Package B 2020 07:15.730 4" Crown Package 4CP100A-C 2021 07:19.080 4" Crown Package 4GP i00A-B 2018 07:24.300 4" Sunny Package V25 07'28.900 4" Sunny Assortment Package B 2020 07:36.230 4" Crown Package 4CP100A-C 2021 07:39,200 4' Sunny Assortment Package B 2020 07:44.800 4" Sunny Package V25 07:51.630 4" Grown Package 4CP10OA-C 2021 07:55.080 4" Crown Package 4CP100A-B 2018 07:59.700 4" Sunny Assortment Package A 2020 08:05.280 4" Crown Package 4CP100A-B 2018 08:12.130 4" Crown Package 4CP100A-C 2021 7"i ,n Notes 4" 76 4" 77 4" 78 4' 79 4" 80 4' 81 4" 82 4" 83 4" 84 4. 85� ——— — 4" 86 4" 87 4" 8B 4" 89 d� 4" 90 4" 91 4" 92 W 93 VM 4" 94 4' 95 C 96 4 ]V 97 4" 98 4 99t� 4" 100 City of Federal Way Show date 714123 Location Federal Way, WA WD Electric Cue Sheet Event Time Descdpti-- __..._ �n Notes 08:15.580 4" Crown Package 4CP100A-B 2018 4" 102 08:22.430 4" Crown Package 4CP100A-C 2021 4* 103 08:25.300 4" Sunny Assortment Package B 2020 4' 104 08-131,000 4" Sunny Package V25 4" 105 08:35.600 4" Sunny Assortment Package B 2020 106 06:40.700 4" Sunnv Assorlment Package C 2020 4" '107 08:46.400 4" Sunny Package V25 4" 108 08,51,000 4" Sunny Assortment Package A 2020 4" 109 08:56.600 4" Sunny Package V25 4" 110 09:01,200 4" Sunny Assortment Package A 2020 4" 111 09:06.400 4" Sunny Assortment Package B 2020 4" 112 09:13.730 4" Crown Package 4CP100A-C 2021 4" 113 09:17.080 4" Crown Package 4CP100A-B 2018 4" 114 09:22.300 4' Sunny Package V25 4" 115 09:26.900 4" Sunny Assortment Package C 2020 4" 116 09.32,000 4" Sunny Assortment Package A 2020 4" 117 09:39.430 4" Crown Package 4CP100A-C 2021 4" 118 09:42.780 4" Crown Package 4CP700A-B 2018 4" 119 09:47.400 4" Sunny Assortment Package C 2020 4" 120 09:52.500 4" Sunny Assortment Package A 2020 121 09:57.200 3" (25 Shot) Variegated Peony w/ Palm Core (Duration: 2 B1 122 09:57.200 3" (25 Shot) Variegated Peony wl Palm Care (Duration: 2 B3 12) 09:58.200 4" Sunny Package V25 4" 123 10:02,800 4" Sunny Assortment Package A 2020 4" 124 10:10.130 4" Crown Package 4CP100A-C 2021 4" 125 10:13.580 4" Crown Package 4CP t00A-8 2018 4" 726 MAI MS#3 b,15l'3 5/11 City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Event Ti Descrip Posib— �n S 10:18.700 4" Sunny Package V25 4- 127 10:25.530 4" Crown Package 4CP10OA-C 2021 4" 128 10:28.500 4" Sunny Assortment Package C 2020 4" 129 10.35.830 4" Crown Package 4CP100A-C 2021 4" 130 10:38.700 4" Sunny Assortment Package B 2020 4" 131 10:43.800 k" Sunny Assortment Package C 2D20 4" 132 10:49.500 4" Sunny Package V25 4" 133 10:54.580 4' Crown Package 4CP100A-B 2018 4" 134 11:01.430 4" Crown Package 4CP100A-C 2021 4" 135 11:04,880 4" Crown Package 4CP10OA-B 2018 4" 13e 11:09.500 4" Sunny Assortment Package A 2020 4" 137 1115,100 4" Sunny Package V25 4" 138 11:19.800 4" Sunny Assortment Package C 2020 4" 139 11:24.900 4" Sunny Assortment Package A 2020 140 11:30.480 4" Crown Package 4CP100A-B 2018 4" 141 11:35,100 4" Sunny Assortment Package A 2020 142 11:40.300 4" Sunny Assortment Package B 2020 4" 143 11:45,900 4" Sunny Package V25 4" 144 11:52.730 4" Crown Package 4CP100A-C 2021 4" 145 11:56.180 4" Crown Package 4CP100A-B 2018 4- 146 12:01.300 4" Sunny Package V25 4" 147 12:05.900 4" Sunny Assortment Package B 2020 4" 148 12:11.580 4" Crown Package 4CP100A-B 2018 4" 149 12:16-700 4" Sunny Package V25 4" 150 12:21.780 4" Crown Package 4CP100A-B 2018 4" 151 12:26.400 4" Sunny Assortment Package A 2020 4" 152 ME City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Event Time Description Pin Notes 12:31.600 4" Sunny Assortment Package B 2020 4" 153 12:37.180 4" Crown Package 4CP100A-B 2018 4" U. 4' 12:41.800 4" Sunny Assortment Package A 2020 4" 155 12--49.230 4" Crown Package 4CP1OOA-C 2021 4" 156 12:52.100 4" Sunny Assortment Package B 2020 4" 157 12,57.680 4" Crown Package 4CP140A-B 2018 4" 156 13:02.900 4" Sunny Package V25 4" 159 13:07.500 4" Sunny Assortment Package B 2020 4' 160 13:13.080 4" Crown Package 4CP100A-B 2018 4" 161 13:17.700 4" Sunny Assortment Package A 2020 4" 162 13:23.400 4" Sunny Package V25 4" 163 13:28.000 4" Sunny Assortment Package 132020 4" 164 13:33.100 4" Sunny Assortment Package C 2020 4" 165 13:38.800 4" Sunny Package V25 4" 166 13:43.400 4" Sunny Assortment Package C 2020 4" 167 13:48.50D 4" Sunny Assortment Package A 2020 4" 16B 13:53.700 4" Sunny Assortment Package C 2020 4" 169 3:58.000 3" (25 Shot) Blue Peonyl Purple Peonyl Lemon Peony (D B1 i70 13:58.000 3" (25 Shot) Blue Peony/ Purple Peony/ Lemon Peony (D B3 170 14:01.030 4" Crown Package 4CP100A-C 2021 4' 171 14:03.900 4" Sunny Assortment Package C 2020 4" 172 14:11.230 4" Crown Package 4CP1 OOA-C 2021 4" 173 14:14.200 4" Sunny Assortment Package C 2020 4" 174 14:21.530 4" Crown Package 4CP100A-C 2021 4" 175 14:24.400 4" Sunny Assortment Package B 2020 4" 176 14:31MO 4" Crown Package 4CPIOOA-C 2021 4" 177 MW MS#4 7/11 M City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet 8/11 Event Time in Notes 14:34.700 4" Sunny Assortment Package A 2020 4" 178 14:40.280 4' Crown Package 4CP100A-B 2018 4" 179 14:45.000 4" Sunny Assortment Package C 2020 4" 180 14:50,580 4" Crown Package 4CPIDOA- B 2018 4" 181 14:55.200 4" Sunny Assortment Package A 2020 4" 182 15:00.300 4" Sunny Assortment Package B 2020 4" 183 15:05.500 4" Sunny Assortment Package A 2020 4" 184 15:12,630 4" Crown Package 4CP100A-C 2021 4" 185 15:15.700 4" Sunny Assortment Package C 2020 4" 186 15:21,380 4" Crown Package 4CP100A-B 2018 4" 187 15:26.500 4" Sunny Package V25 4" 188 15:31.100 4" Sunny Assortment Package A 2020 4" 189—A — 15:36.800 4" Sunny Package V25 4" 190 15:41 A00 4" Sunny Assortment Package C 2020 4" 191 14 15:47.000 4" Sunny Package V25 4" 192 15:51 MO 4" Sunny Assortment Package A 2020 4" 193 15:59.030 4" Crown Package 4CP100A-C 2021 4" 194 16:01.900 4" Sunny Assortment Package A 2020 4" 195 16:07.480 4" Crown Package 4CP100A-B 2018 4" 196 16:12.700 4' Sunny Package V25 4' 19NEW 16:17.300 4" Sunny Assortment Package A 2020 4" 198 16:22.900 4" Sunny Package V25 4" 199 . 16:29.830 4" Crown Package 4CP100A-C 2021 4" 200 6:32.700 4" Sunny Assortment Package A 2020 4' 201 16:38.280 4" Crown Package 4CP100A-B 2018 4" 202 16:42.900 4" Sunny Assortment Package C 2020 4" 203 City of Federal Way Show date 7/4/23 Location Federal Way, WA Description WD Electric Cue Sheet Position -in 16:48.580 4" Crown Package 4CP100A-B 2018 4" 204 16:53.200 4" Sunny Assortment Package C 2020 4" 205 16:58.300 4" Sunny Assortment Package B 2020 4" 206 17:03.980 4" Crown Package 4CP100A-B 2018 4" 207 17:09.100 4" Sunny Package V25 4" 208 17:13.700 4" Sunny As riment Package C 2020 4" 209 17:18.900 4" Sunny Assortment Package B 2020 4" 210 17:24--M 4" Crown Package 40P100A-8 2018 4" 211 17:29.100 4" Sunny Assortment Package A 2020 4" 212 17:36-430 JmLb.. 4" Crown Package 4CP100A-C 2021 4" 213 17:39.400 4" Sunny Assortment Package B 2020 4" 214 17.44.500 4" Sunny Assortment Package C 2020 4" 215 17:49.600 4" Sunny Assortment Package A 2020 4" 216 17:55.300 i 4" Sunny Package V25 4" 217 17:57.200 3" (25 Shot) Aqua Peony/ Fuchsia Peony/ Purple Peony (131 218 17:57.200 3" (25 Shot) Aqua Peony/ Fuchsia Peonyl Purple Peony I B3 218 17:59.900 4" Sunny Assortment Package C 2020 4" 219 18:05.480 4" Crown Package 4CP000A-B 2018 4" 220 18:12.430 4" Crown Package 4CP100A-C 2021 4" 221 18:15.780 4" Crown Package 4CP100A-B 2018 4" 222 18:20.400 4" Sunny Assortment Package C 2020 4" •223 18:25.500 4" Sunny Assortment Package 8 2020 4" 224 18:30.700 4" Sunny Assortment Package A 2020 4" 225 18:38.030 4" Grown Package 4CP100A-C 2021 4" 226 18:41.400 4" Sunny Package V25 4" 227 18:46,100 4" Sunny Assortment Package C 2020 4" 226 ■ Notes MS#5 MS#5 9/11 City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Descrip' Pin Notes 18:53.430 4" Crown Package 4CP100A-C 2021 4" 229 18:56.300 4" Sunny Assorime nt Package A 2020 4" 230 19:01.500 4" Sunny Assortment Package C 2020 4" 231 19:06.900 4" Red Peony 4" 232 FINALE STAGE 1 19:07.200 3" (25 Shot) Red Peony/ Blue Peony/ White Peony (Dura B1 233 FINALE STAGE 1 19:07.200 3" (25 Shot) Red Peony! Blue Peonyl White Peony (Dura 63 233 FINALE STAGE 1 19:09.900 4" Blue Peony 4" 234 FINALE STAGE 1 19:12,900 4" White Peony 4" 235 FINALE STAGE 1 19:15.900 4" Red Peony 4" 236 FINALE STAGE 1 19:16,900 4" Blue Peony 4" 237 FINALE STAGE 1 19:21.900 4" White Peony 4" 238 FINALE STAGE 1 19:24.900 4" Red Peony 4" 239 FINALE STAGE 1 19:27.900 4" Blue Peony 4" 240 FINALE STAGE 1 19:30.900 4" White Peony 4" 241 FINALE STAGE 1 19:32.200 3" (25 Shot) Red Magic Peony/ Blue Magic Peony/ Ti Sal B1 242 FINALE STAGE 2 19:32.200 3" (25 Shot) Red Magic Peonyl Blue Magic Peony/ Ti Sal B2 242 FINALE STAGE 2 19:32.200 3" (25 Shot) Red Magic Peony/ Blue Magic Peony/ Ti Sal B3 242 FINALE STAGE 2 19:33.900 4" Red Chrysanthemum to Crackling 4" 243 FINALE STAGE 2 19:36.400 4" Blue Chrysanthemum to Crackling 4" 244 FINALE STAGE 2 19:38.900 4" While Chrysanthemum to Crackling 4" 245 FINALE STAGE 2 19:41.400 4" Red Chrysanthemum to Crackling 4" 246 FINALE STAGE 2 19:43.900 4" Slue Chrysanthemum to Crackling 4" 247 FINALE STAGE 2 19:46.400 4" White Chrysanthemum to Crackling 4" 248 FINALE STAGE 2 19:48-900 4" Red Chrysanthemum to Crackling 4" 249 FINALE STAGE 2 19:51.400 4" Blue Chrysanthemum to Crackling 4" 250 FINALE STAGE 2 19:53.900 4" White Chrysanthemum to Crackling 4" 251 FINALE STAGE 2 10111 City of Federal Way Show date 7/4/23 Location Federal Way, WA WD Electric Cue Sheet Event Time Description rosib". 'in Notes 19:54.900 3" Chained Dragon Eggs(Ti-Salutes)&Ti-Chrys. Assortme 3" 252 FINALE STAGE 3 19:55.100 3" Chained Oregon Eggs(Ti-Salutes)&Tk-Chrys. Assortme 3" 253 FINALE STAGE 3 19:55.300 3" Chained Dragon Eggs(Ti-Salutes)&Ti-Chrys. Assortme 3" 254 FINALE STAGE 3 19:55.500 3" Chained Dragon Eggs(TI-Salutes)&TkChrys. Assortme 3" 255 FINALE STAGE 3 19:55.700 4" Chained Red White & Blue Chrys. RT 4" 256 FINALE STAGE 3 19:55.900 4" Chained Red White & Blue Chrys. RT 4" 257 FINALE STAGE 3 19:56.100 4" Chained Red White & Blue Chrys. RT 4" 258 FINALE STAGE 3 19:56.300 4" Chained Red White & Blue Chrys. RT 4" 259 FINALE STAGE 3 19:56.500 4" Chained Red White & Blue Chrys. RT 4" 260 FINALE STAGE 3 19:56.700 4" Chained Red White & Blue Chrys. RT 4" 261 FINALE STAGE 3 20:18.500 4" (36) Crown Assorted Shells - C w/Tail (18 Effects) -Fan <NOT A CIRCUIT> 20:20.300 4' (36) Sunny Assortment Package B 2022 <NOT A CIRCUIT> 20:20.600 4" (36) Crown Assorted Shells-B w/Tail (18 Effects) <NOT A CIRCUIT> 20:24,500 4" (36) Sunny Assortment Package C 2022 <NOT A CIRCUIT» 20:26.500 4" (36) Sunny Assortment Package V25 <NOT A CIRCUIT> 2029.100 4" (36) Sunny Meieor As so rtme nt <NOT A CIRCUIT> Q PYROTECHNIC EXCELLENCE, SINCE 1948 • P.O. Box 932, Canby, Oregon 97013, 503.656.1999 e westerndisplay.com C^ FJ - J ry DISPLAY AGREEMENT AND PURCHASE ORDER THIS AGREEMENT ("Agreement") is entered into on by and between L1J Western Display Fireworks, Ltd., an Oregon corporation, whose address is set forth above, ("Western") and City of Federal Way, whose address is 33325 81h Ave S., Federal Way, WA 98003 ("Sponsor"). Western and LL Sponsor are sometimes individually referred to as a "Party" and collectively as the "Parties." In consideration of the mutual terms and conditions set forth herein and other good and valuable n consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: C/) Q 1. Proposal. Western agrees to supply, and Sponsor agrees to pay for, a fireworks display on the following z designated date(s) and location: July 4, 2023 at Celebration Park, 1095 S. 3241h St, Federal Way, WA Ly 98003, as detailed in Proposal #23-7316, which is attached hereto and incorporated herein by this L1J reference, (the "Display") in accordance with the program approved by both Parties. U) 2. Price and Payment Terms. Total price of TWENTY FIVE THOUSAND DOLLARS AND NO/100 ($25,000.00) is to be paid as follows: 25% of the total price, $6,250.00 is due by MARCH 1, 2023; 25% of the total price, $6,250.00 is due by JUNE 4, 2023; the remaining balance of the price, $12,500.00, is due in full on or before July 14, 2023. Interest will accrue at 1%% per month (an annual percentage rate of 18% per annum) on all unpaid amounts from the date on which the payment was due. Western Duties. As part of the total price Western agrees to the following: a. To supply all shells and other pyrotechnics listed on the Proposal; b. Mortars, firing equipment and all other required materials necessary to perform its services hereunder; c. Proper delivery, set-up, firing and presentation by pyrotechnic operator and crew covered under workers compensation insurance; d. To remove all equipment and spent pyrotechnic devices and clean up debris from the immediate Display site. Sponsor acknowledges that additional debris may remain in the fallout zone after Western's responsibilities of Display site cleanup have been completed; and e. To comply with all local and federal guidelines and obtain any necessary permits to perform the Display, unless otherwise notes in Sponsor duties. 4. Sponsor Duties. a. Sponsor shall comply with all duties as detailed under the Compliance with Laws/Sponsor Responsibilities portion of this Agreement; b. Sponsor to provide overnight security for fireworks truck day and night of July 3, 2023; c. Western agrees to remove all equipment, large debris and spent boxes from the immediate display site City of Federal Way agrees to complete all other site cleanup; d. Sponsor to provide the musical soundtrack for the fireworks display 18 minutes in length by April 1, 2023; and e. Sponsor to provide 100 sand bags to be delivered to the display site by July 3, 2023. 5. Insurance. Western agrees to provide, at its expense, commercial general liability insurance coverage in an amount not less than $5,000,000. If requested in writing, Western shall provide Sponsor with a Q PYROTECHNIC EXCELLENCE • SINCE 1948 • P.O. Box 932 • Canby • Oregon 97013 .503.656.1999. westerndisplay.com F-- vJ PAGE 2 rV Ocertificate of insurance within two weeks of the Display. All entities/individuals listed on the certificate of insurance will be deemed as additional insured pursuant to this Agreement. W C 6. Indemnification. Western agrees to indemnify, defend, and hold harmless the Sponsor, its agents and LL employees, and those entities/individuals listed on the certificate of insurance, from and against all claims, costs, judgments, damages and expenses, including reasonable attorney fees that directly arise 7 from the performance of the fireworks to the extent that such are occasioned by an act or omission of its n agents and employees from and against all claims, costs, judgments, damages and expenses, including C!) reasonable attorney fees that arise from the performance of the fireworks to the extent that such are Q occasioned by any act or omission of Sponsor, its agents and employees. Each Party agrees to give the other Party prompt notice of any claims. Neither Party shall be responsible for consequential damages. z C 7. Compliance with Laws. IJJ a. Sponsor Responsibilities: SPONSOR agrees to perform their requirements in accordance with NFPA ~ 1123 OUTDOOR DISPLAY OF FIREWORKS 2022 Edition (National Fire Protection Association) 8.1 LLJ General Requirements. The sponsor of the display shall make provisions for fire protection forthe display. 8.1.1 The sponsor shall consult with the AHJ, the local responding fire department (if different from the AHJ) and the operator (the licensed pyrotechnic operator employed by Western) to determine the level of fire protection required. 8.1.2 The following shall apply to crowd control: (1) Monitors whose sole duty is the enforcement of crowd control shall be located around the display site and at other locations as determined by the sponsor. (2) The AHJ and the operator shall approve the provisions for crowd control. 8.1.2.1 Monitors shall be positioned around the display site to prevent spectators or any other unauthorized persons from entering the discharge site. 8.1.2.2 Where required by the AHJ, approved delineators or barriers shall be used to aid in crowd control. 8.1.2.3 Portions of the display site, other than the discharge site(s), shall be permitted to be open to the public prior to the display as long as the provisions of 4.2.2.2 are maintained. 8.1.2.4 Unescorted public access to the discharge site shall not be permitted where pyrotechnic materials are present during the period before the display. 8.1.2.5 The discharge site shall be restricted throughout the display and until the discharge site has been inspected after the display (see Exhibit A — Display Site Map). b. Western's Responsibilities. Western shall secure and maintain any and all licenses, permits or certificates that may be required by any regulatory body having jurisdiction over the materials or performance of the services herein contemplated unless otherwise noted above in Sponsor duties. Western shall exercise full and complete authority over its personnel, shall comply with all workmen's compensation, employer's liability and other federal, state, county and municipal laws, ordinances, rules and regulations required of an employer performing such services, and shall make all reports and remit all withholdings or other deductions from the compensation paid its personnel as may be required by any federal, state, county or municipal law, ordinance, rule or regulation. Western is responsible to insure that all materials and services supplied under this Agreement comply with all laws, rules and regulations of the State and the federal government relating thereto. 8. Cancellation/Rescheduling by Sponsor. If the Display is cancelled by the Sponsor after receipt of this signed Agreement, Sponsor agrees to pay 25% of the total price ($6,250.00) for restocking and costs incurred. If the Display is cancelled by the Sponsor within 30 days of the scheduled Display date, Sponsor agrees to pay 50% of the total price ($12,500.00). If the Display is cancelled by the Sponsor on the date PYROTECHNIC EXCELLENCE, SINCE 1948 . P.O. Box 932 • Canby Oregon 97013 .503.656.1999. westerndisplay.com PAGE 3 of the Display, Sponsor agrees to pay 100% of the total price ($25,000.00). By providing notice of not less than 30 days from the original Display date, Sponsor may elect to reschedule the Display to a mutually agreeable date. This date must be within 90 days of the original display date. Western agrees to facilitate this rescheduling and Sponsor agrees to reimburse Western for new permits and other additional costs associated with this change. Sponsor understands that permitting requirements, burn bans and other factors beyond Western's control may prohibit rescheduling of a display. If these factors prohibit the rescheduled Display from taking place then the standard cancellation schedule applies. 9. Safety / Weather Forced Cancellation. Western agrees that it shall be the responsibility of the pyrotechnic operator in charge, acting on Western's behalf or the Authority Having Jurisdiction, to cancel or delay the Display if in the operator's judgment circumstances beyond the control of either Party pose an extraordinary risk to the health and safety of any persons or property within the vicinity of the Display. If the product has been damaged as an attempt to execute the Display and cannot be safely reused,100% of the price is due and Western has no further obligation under this Agreement. If the product is intact and reusable, Western agrees to store the product and execute the Display on a mutually agreeable future date. Sponsor agrees to reimburse Western for reasonable costs associated with the rescheduling of the event. 10. Force Majeure. Sponsor assumes the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Western which may prevent the Display from being safely performed on the scheduled date, which may cause the cancellation of the event for which Sponsor has purchased the Display, or which may affect or damage such portion of the Display as must be replaced and exposed a necessary time before the Display. 11. Product Performance. Sponsor recognizes and acknowledges that due to the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. 12. Limitation on Damages. In the event that Sponsor claims that Western has breached this Agreement or was negligent in performing its duties hereunder, Sponsor shall not be entitled to claim or recover monetary damages from Western beyond the amount that Sponsor has paid Western under this Agreement and shall not be entitled to a claim for or recover of consequential damages from Western, including, but not limited to, damages for lost income, business, or profits. Additionally, Western's liability for matters covered by the insurance set forth herein shall be limited to the limits of said insurance. 13. Time. Time is of the essence in this agreement. The Parties expressly recognize that in the performance of their respective obligations, each Party is relying on timely performance by the other Party and will schedule operations and incur obligations to third parties in reliance upon timely performances by the other Party and may sustain substantial losses by reason of any failure of timely performance. 14. Independent Contractor/No Joint Venture. The Parties agree that Western is an independent contractor, and is not an agent or employee of Sponsor for any purpose. It is further agreed that Western's employees shall be, and remain, the employees of Western and not of Sponsor. Nothing in this Agreement or the actions of Western or Sponsor shall be construed as forming a partnership or joint venture between Sponsor and Western. C PYROTECHNIC EXCELLENCE • SINCE 1948- P.O. Box 932. Canby • Oregon 97013. 503,656.1999 • westerndisplay.com 17 ry O W LL Q z N W i— CI'? PAGE 4 15. Attorney Fees. In the event that either Party to this Agreement shall enforce any of the provisions hereof by any action at law or in equity, the unsuccessful Party to such litigation agrees to pay to the prevailing Party all costs and expenses, including reasonable attorney fees, incurred therein by the prevailing Party. 16. Jurisdiction. This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Oregon applicable to contracts. 17. Severability. In the event a court of competent jurisdiction determines that any provision of this Agreement is in violation of any statute, law, rule, regulation, ordinance or public policy, then the provisions of this Agreement that violate such statue, law, rule, regulation, ordinance or public policy shall be stricken or modified to the extent that such provision no longer violates such statute, law, rule, regulation, ordinance or public policy. All provisions of this Agreement that do not violate any statute, law, rule, regulation, ordinance or public policy shall continue in full force and effect for all purposes. Furthermore, any court order striking or modifying any provision of this Agreement shall modify or strike the provision in as limited a manner as possible to give as much effect as possible to the intentions of the Parties to this Agreement. 18. Survival. The terms of paragraphs 5, 6, 12, 15, and 16 shall survive the cancellation or termination of this Agreement. 19. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties hereto respecting the matters within its scope and may be modified only in writing signed by both of the Parties hereto. The pricing and product offered in the Proposal shall remain firm if this Agreement is mutually executed by both Parties on or before February 1, 2023. Sponsor Western Display Fireworks, Ltd. By: Its: Date: By: HeatherJ. Gobet Its: President Date: CITY Of CITY HALL Federaay 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com GOODS AND SERVICES AGREEMENT FOR COMMUNITY FIREWORKS DISPLAY FOR RED, WHITE, & BLUES FESTIVAL This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Western Display Fireworks, LTD., a foreign profit corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: WESTERN DISPLAY FIREWORKS, LTD.: Brent Pavlicek PO Box 932 Canby, OR 97013 (503) 656-1999 (telephone) .com The Parties agree as follows: CITY OF FEDERAL WAY: Cody Geddes 876 S 333rd St Federal Way, WA 98003-6325 (253) 835-6926 (telephone) (253) 835-6929 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the GOODS AND SERVICES AGREEMENT - 1 - 7/2021 CITY OF CITY HALL A Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway. com City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspeotian. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to GOODS AND SERVICES AGREEMENT - 2 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation ofFunds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third parry under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. GOODS AND SERVICES AGREEMENT - 3 - 7/2021 CITY OF CITY HALL Federal 4Sr Y ay Feder l y, WA South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 6. INSURANCE. Except for higher amounts as otherwise provided in this Agreement, the Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors; products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $5,000,000 for each occurrence and $5,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be, excess of the Contractor's insurance and shall not contribute with it. 6.3. _Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all GOODS AND SERVICES AGREEMENT - 4 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor GOODS AND SERVICES AGREEMENT - 5 - 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate .any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all GOODS AND SERVICES AGREEMENT - 6 - 7/2021 CITY OF! CITY HALL Fe d e ra I WayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotledera/way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: WESTERN DISPLAY FIREWORKS, LTD.: Heather Gobet, President/Owner DATE: STATE OF OREGON) ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC, City Clerk J. Ryan Call, City Attorney On this day personally appeared before me Heather Gobet, to me known to be the President/Owner of Western Fireworks Display, LTD. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 2023. Notary Public in and for the State of Oregon My commission expires GOODS AND SERVICES AGREEMENT - 8 - 7/2021 CITY OF Way EXHIBIT "A" SERVICES The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com a. Contractor shall provide fireworks display services at Celebration Park, for the annual Red, White & Blues Festival held on July 4', 2023 (Services), and perform such Services in compliance with all provisions of Chapter 70.77 RCW, including, without limitation, using one licensed pyrotechnic operator in connection with the handling or display of the fireworks, performing a test fire, combing the grounds for any live materials around the site, providing sufficient personnel at the fireworks display site in order to insure a safe public display, and obtaining all necessary licenses and permits. The services shall be performed in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within time period prescribed by the City and pursuant to the direction of the Parks Director or his designee. b. The performance date for the Services may be extended or amended to a later date prior to the expiration of the Term, at no additional charge, by either the City or the Contractor in the event weather or other agreed upon conditions would make performing the Services on the date originally provided for in this Agreement hazardous to the public health, safety, or welfare of the citizens of Federal Way; provided, however that Contractor agrees to reschedule the event at a later time, location, and date acceptable to the City within one hundred twenty (120) days from the originally scheduled date. The City of Federal Way's designated representative and/or local Fire Services personnel have the authority to cancel the show due to unsafe weather conditions or unsafe practices by Contractor's technicians or to further delay or cancel the show for any unsafe condition that presents an unreasonable risk to the public. In addition, the Contractor's display operator also has the authority to stop, interrupt, delay or cancel the show due to unsafe weather conditions or any other unsafe circumstances that may arise. c. The Contractor shall agree to pay a penalty of One Thousand Dollars and NO/100 ($1,000.00) if not prepared to fire the complete fireworks display and soundtrack as mutually agreed at 10:15pm. Contractor shall agree to pay an additional Five Hundred Dollars and NO/100 ($500.00) penalty for each additional fifteen minutes after 10:15pm that Contractor is not prepared to fire the complete fireworks display and soundtrack as mutually agreed. The payment of penalties shall not in any way release the Contractor from further obligations and liabilities to complete the entire Agreement. Contractor shall be prepared to fire the complete fireworks display and soundtrack by 10:15pm. Failure to be timely and completely prepared will result in financial penalties as outlined above. A test fire with the local Fire Marshall is scheduled for 9:00pm to check wind conditions. d. The fireworks display will include choreography to music with a grand finale display. The City's designated representative and the Contractor will mutually determine general themes and soundtrack. The fireworks display will take place at 10:15pm and will be approximately 20 minutes in length, consistent with Contractor's Proposal, in Celebration Park, located at 1095 S. 324th Street in Federal Way, WA. e. The City of Federal Way agrees to provide adequate policing, fencing, and crowd control measures to prevent public access to the fireworks staging area. The Federal Way Fire GOODS AND SERVICES AGREEMENT - 9 - 7/2021 CITY OF CITY HALL '4! Federal Way Feder sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cf"ffederah-vay.com Department will be on site to ensure compliance with Washington State fire regulations and event safety. f. The Contractor is responsible for removing any and all live materials immediately following the fireworks display, and conducting another walk through for any live material during daylight hours on the next day following the event, to be completed not later than 11:00am. GOODS AND SERVICES AGREEMENT - 10 - 7/2021 CITY OF CITY HALL 33325 4 Feder Fed ra I Way8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaM,ay. com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Twenty -Five Thousand and NO/100 Dollars ($25,000.00). 2. Method of Compensation: A total one (1) time payment of Twenty -Five Thousand and NO/100 Dollars ($25,000.00) will be made by the City only after the conclusion of the 2023 Red, White, & Blues Festival and after the Services described in Exhibit "A" have been performed at the event. The Contractor shall provide a statement or itemized bill describing the services provided. Payment shall be made within thirty (30) days of receipt of such statement or invoice. GOODS AND SERVICES AGREEMENT - 11 - 7/2021 • � � . ter-. 00 till. Add 6 r a t _ •` �3w2 NI a West work LTD- Celebration Park Rd7ederal Way, WA f 0' FA COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interlocal Agreement with DSHS, Respite in Community Settings POLICY QUESTION: Should the City Council approve the renewal of the Interlocal Agreement with DSHS to provide respite services in community settings? COMMITTEE: PRHSPS MEETING DATE: February 14, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes, Recreation Manager DEPT: Parks Attachments: 1. Staff Report 2. Interlocal Agreement Contract Options Considered: 1. Approve the renewal of the Interlocal Agreement with DSHS. 2. Do not approve the renewal of the Interlocal Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: �1RECTOR APPROVAL• 02- � lnisi ill3aic COMMITTEE RECOMMENDATION: "I move to forward the proposed Interlocal Agreement to the February 21, 2023, consent agenda for approval. " V �, I,, ?-(::� Committee Member PROPO D COUNCIL MOTION: "I move approval of the proposed Interlocal Agreement, and authorize the Mayor t6 execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S oFmcp 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: February 14, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Parks Department Recreation Manager SUBJECT: Interlocal Agreement with DSHS, Respite in Community Settings Financial Impacts: The revenue to the City for the Interlocal Agreement (ILA) with DSHS, Respite in Community Settings will be in the range of approximately $45,000 to $55,000 (e.g. $49,000 in 2022) credited to the Parks Department Inclusion Programs budget. There is no cost to the City to receive the funds. There will also be no cost to the City upon completion of the Interlocal Agreement. Back round Information: The Parks Department first entered into the ILA with DSHS to begin participating in this program in 2009. This agreement allows individuals living with disabilities to register for recreation -based programs paid for by DSHS to the City of Federal Way Parks Department. Clients register for programs, an invoice is created and sent to the client's DSHS case manager, and then payment is sent via check from DSHS to the City. Invoices for the program are sent monthly and payments are received on a monthly basis under the ILA. Approximately 125 clients used these services in 2022, providing important access to people with disabilities who may not otherwise benefit from community recreation services and programs. Rev. 7/18 Jul sI." AGREEMENT DSHS Agreement Number: 2364-4INTERLOCAL RV&Hew"hin,fea Department of Social alt364-46449 hServices Respite in Community Settings Transforming fives This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified Contractor Contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chapter P1 SSL: 1117780 01 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federal Way City of Federal Way CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER (UBI) 33325 8th Ave S 601-223-538 70364 Federal Wav, WA 98063-9718 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson (253) 835-6927 (253) 835-6929 Kevin. hutchinson@cityoffed eralwa .com DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Developmental Disabilities Division of Developmental Disabilities 1803LP-64 Admin DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Gina M. Thomas 840 N Broadway 540 Contract Specialist Everett. WA 98201 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 425)740-6443 (425)252-1364 Thomagm@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? ASSISTANCE LISTING NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 04/01/2023 03/31/2026 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibits (specify): A - DDA Policies & Agreements No Exhibits. The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be bindinu on DSHS only upon signature by DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE I DATE SIGNED Kevin Hutchinson, Inclusion Coordinator DSHS SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Joseph Carter, DD R2 Operations Manager DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contracts and Legal Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" or "Data" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. d. "CCLS Chief' means the manager, or successor, of Central Contracts and Legal Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Health Services and its employees and authorized agents. h. "Encrypt" means to encode Confidential Information into a format that can only be read by those possessing a key;„ a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available. i. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement" means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. I. "RCW' means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 2 DSHS General Terms and Conditions m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHQ which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network. r. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law and Washington State Requirements. a. Applicable Law. Throughout the performance of this Agreement, Contractor shall comply with all federal, state, and local laws, regulations, and executive orders to the extent they are applicable to this Agreement. b. Civil Rights and Nondiscrimination. Contractor shall comply with all federal and state civil rights DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 3 DSHS General Terms and Conditions and nondiscrimination laws, regulations, and executive orders to the extent they are applicable to this Agreement, including, but not limited to, and as amended, Titles VI and VI of the Civil Rights Act of 1964; Sections 503 and 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act (ADA); Executive Order 11246; the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, and Chapter 49.60 of the Revised Code of Washington, Washington's Law Against Discrimination. These laws, regulations and executive orders are incorporated by reference herein to the extent that they are applicable to the Contract and required by law to be so incorporated. In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination laws, regulations, and executive orders, this Agreement may be rescinded, canceled, or terminated in whole or in part. c. Certification Regarding Russian Government Contracts and/or Investments. Contractor shall abide by the requirements of Governor Jay Inslee's Directive 22-03 and all subsequent amendments. The Contractor, by signature to this Contract, certifies that the Contractor is not presently an agency of the Russian government, an entity which is Russian -state owned to any extent, or an entity sanctioned by the United States government in response to Russia's invasion of Ukraine. The Contractor also agrees to include the above certification in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor does not comply with this certification. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor does not comply with this certification during the term hereof. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person or personal representative of the person who is the subject of the Personal Information. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Allowing access only to staff that have an authorized business requirement to view the Confidential Information. (2) Physically Securing any computers, documents, or other media containing the Confidential Information. (3) Ensure the security of Confidential Information transmitted via fax (facsimile) by: (a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 4 DSHS General Terms and Conditions (b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person. (c) Verifying after transmittal that the fax was received by the intended recipient (4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate: (a) Use a Trusted System. (b) Encrypt the Confidential Information, including: i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices. Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit. (5) Send paper documents containing Confidential Information via a Trusted System. (6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on -site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. E-Signature and Records. An electronic signature or electronic record of this Contract or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all purposes. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 5 DSHS General Terms and Conditions 9. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 10. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 11. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of business, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. , 12. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract. Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 14. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 15. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement: a. At DSHS's discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 6 DSHS General Terms and Conditions b. At DSHS's discretion, DSHS may give notice to Contractor to suspend performance when DSHS determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor's performance to be resumed prior to the normal completion date of this contract. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, "written notice" may include email. (3) If the Contractor's proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the retroactive date of termination. c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised. 17. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Interlocal Agreements: 18. Disputes. Both DSHS and the Contractor ("Parties") agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time. If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency's respective operational protocols, to the Secretary of DSHS ("Secretary") and the Contractor's Agency Head ("Agency Head") or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they believe the dispute should be settled, to the Secretary and Agency Head. Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 7 DSHS General Terms and Conditions more time. The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision. If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute. 19. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 20. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 21. Subrecipients. a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass -through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 8 DSHS General Terms and Conditions (4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB) Circular or regulation; and (6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a "Summary Schedule of Prior Audit Findings" reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200. 22. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The "responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. 23. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 9 DSHS General Terms and Conditions personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodian all of the client's personal property. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 10 Special Terms and Conditions 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Assistance" means help provided to a Client for the purpose of aiding him/her in the performance of tasks. b. "Authorized" means DDA Case Resource Manager, or Social Worker approval of funding for services as evidenced by a social service authorization in ProviderOne. c. "Case Resource Manager (CRM)" means the DSHS or DDA worker assigned to a Client. d. "Client" means an individual whom DSHS has determined eligible to receive DDA services. e. "Culturally Appropriate" means responsive to a Client's cultural beliefs and values, ethnic norms, language needs, religion, and individual differences. f. "DDA" means the Developmental Disabilities Administration within DSHS. g. "Family" means a parent, child, sibling, aunt, uncle, cousin, grandparent, grandchild, grandniece, or grandnephew, including such relatives when related through adoption or marriage or registered domestic partnership. h. "Nurse Delegation" means: (1) Services in compliance with WAC 246-840-910 through 246-840-970 by a registered nurse to provide training and nursing management for nursing assistants who perform delegated nursing tasks. (2) Delegated nursing tasks include, but are not limited to, administration of non -injectable medications, except for insulin, blood glucose testing, and tube feedings. (3) Services include the initial visit, care planning, competency testing of the nursing assistant, consent of the Client, additional instruction, and supervisory visits. (4) Clients who receive nurse delegation services must be considered "stable and predictable" by the delegated nurse. i. "Personal care services" means those specific services under WAC 388-106 provided to DSHS Clients. j. "Physical Assistance" means the provision of hands-on assistance for any task necessary. k. "Positive Behavior Support Plan" means a written plan developed to implement strategies to relate to others and direct interventions to decrease challenging behaviors. I. "Positive Behavior Support Principles" means addressing a challenging behavior that focuses on changing the physical and interpersonal environment and increasing a person's skills so that the person is able to get their needs met without having to resort to a challenging behavior. m. "Primary Caregiver(s)" or "Caregiver" means the person who provides the majority of your care and supervision. n. "Protective Supervision" means supervision to ensure the safety and well-being of a Client, DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 11 Special Terms and Conditions exclusive of those responsibilities that should be assumed by a legal representative. o. "Respite Care" means short-term, intermittent relief for persons who live with and provide care for individuals with developmental and intellectual disabilities on either an emergency or a planned basis. p. "Service Plan" means the Person -Centered Service Plan or Individual Support Plan, which is a written plan for long-term care service delivery, which identifies ways to meet the Client's needs with the most appropriate services or supports as, described under chapter WAC 388-828. q. "Transportation Services" means the process of transporting and accompanying a Client from one location to another in accordance with the client's needs. r. "Unsupervised access" means: (1) An individual will or may have the opportunity to be alone with a child, juvenile, or a vulnerable adult; and (2) Neither a qualified employee, contract employee, volunteer, nor student intern of the agency, or entity nor a relative or guardian of the child, juvenile or vulnerable adult is present. 2. Purpose. The purpose of this Contract is to provide short-term intermittent respite care in order to provide relief for primary caregivers as described under chapter 388-845 WAC. Respite Care can be provided in Community Centers, Senior Centers, Parks and Recreation Departments, and Summer Programs. 3. Licenses, Registrations, and Certifications. a. The Contractor is required to follow all laws, rules, and policies applicable to their license, registration, and/or certification. b. The Contractor shall meet the training requirements associated with their license, registration, and/or certification. c. When licensing, certification, and contract requirements differ, the Contractor shall meet the highest standard. d. In the event that any required license of the Contractor is revoked or expired, this Contract shall be suspended, without the necessity of written notice by DSHS, as of the effective date of revocation or the actual date of expiration. In the case of license revocation, this Contract shall then be terminated in accordance with the terms of this Contract, and such termination shall be effective on the effective date of the license revocation. e. The provision of Respite Care services cannot result in the licensed provider exceeding their licensed capacity. 4. General Requirements. a. DSHS shall request services from the Contractor on an as needed basis. This Contract does not obligate DSHS to authorize services to the Contractor. b. Respite Care provided under the terms of this Contract must be pre -approved in writing by DSHS in accordance with the Client's Service Plan, and shall be provided in a manner that is culturally DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 12 Special Terms and Conditions appropriate for the Client and the Client's family. c. All services shall be provided in a manner consistent with the published rules and policies of DSHS and within the scope of acceptable practice as determined by DSHS. d. The Contractor must emphasize Positive Behavior Support Principles in the provision of all services to Clients. Positive Behavior Support is based on respect, dignity, and personal choice. 5. Contractor Qualifications. The Contractor must: a. Be licensed by the State of Washington as a business under chapter 19.02 RCW and shall meet or exceed the minimum licensing requirements under chapter 458-02 WAC. b. Contractors shall hold all appropriate endorsements, licenses and certifications in addition to Washington State Business license as applicable to their business operation. c. Contractors outside of Washington State must maintain equivalent licensure or certification requirements as paragraph a. and b. above according to their states' requirements for business operation. d. Publish on a publically accessible website the services offered by the contractor and make publically accessible the services offered by the contractor. The contractor's website must include: (1) The identified number of service hours being provided in the program/class/event including days/date and start and end time; (2) Activities that will occur during program/class/event; and (3) The rate schedule for the program/class/event. e. The Contractor shall ensure that they or their employees possess the following minimum qualifications: (1) Meet minimum age requirements as required by license, certification or rule; (2) Possess the following minimum standards of knowledge and experience: (a) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindness and caring to the Client; (b) Knowledge of when and how to contact the Client's legal representative and the Client's CRM; (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the services authorized in the plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the Client's written Service Plan(s) and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 13 Special Terms and Conditions f. The Contractor shall ensure that employees and volunteers: (1) Understand specific directions for providing the care that an individual Client requires; (2) Meet the need of the client as identified in the Service Plan; (3) Provide services within the scope of practice for their profession/skill level; (4) Observe the Client for change in health status, including weakness, confusion, and loss of appetite; (5) Identify problem situations and take appropriate action; (6) Respond to emergencies without direct supervision; and (7) Respect and consider the Client's individual differences and preferences when performing routine tasks in a culturally appropriate manner, as described in the DDA Guiding Values. g. The Contractor shall cooperate with DSHS in the evaluation of the Contractor's performance under the terms of this Contract including the following: (1) Follow-up contact with Clients, their families, legal representatives or primary caregivers regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records, verification of provider qualifications, and of billing and payment data in ProviderOne. 6. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Obtain information about the Client's identified needs and care requirements, and ensure that the Client's needs are met while providing services. This includes following the guidance of any written plans for Client support such as the Service Plan, Nurse Delegation assessment or Positive Behavior Support Plan. b. Contact the Client's CRM if the Contractor has not heard from the Client or the Client's primary caregiver within seven (7) days of the Contractor's receipt of the service authorization. c. Make arrangements with the primary caregiver for emergency medical treatment should this become a necessity. d. Deliver Respite Care in a manner consistent with WAC 388-845-1600 through 1620 and DDA Policies. See Exhibit A, DDA Policies & Agreements. e. Provide all support needs as identified in the Service Plan including personal care, physical assistance, support and protective supervision to the Client in daily routine activities and to prevent injury to him or herself and to others. f. Maintain transportation records to document the dates, times, destinations, and distances of each Client's transportation services. Upon request, the Contractor shall make the records available to DSHS or DSHS/designee for review and audit. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 14 Special Terms and Conditions g. Maintain sufficient vehicle and passenger insurance coverage and current driver's license in accordance with chapter 308-104 and 308-106 WAC. h. Operate and maintain the transportation vehicle(s) in a manner consistent with protecting and promoting the Client's health and welfare. Contractor shall not require client, client's guardian and/or client's legal representative to enter into any agreement releasing or limiting Contractor's legal liability for injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this contract unless contractor, at the same time, requires client, client's guardian and/or client's legal representative to release the State of Washington and all of its agencies, agents, contractors, servants and employees from liability for any acts of contractor causing injuries arising out of premises operation, acts of independent contractors, products completion, or personal injuries sustained due to contractor's negligence in connection with providing services under this Contract. 7. Parks and Recreation Department. Parks and Recreation Department contractors are required to comply with the following additional terms: a. Parks and Recreation Departments are city, county or other publically operated parks and recreation department for the purpose of providing leisure time activities and facilities and recreational facilities, of a nonprofit nature as a public service as defined under RCW 36.69.010. b. Meet the definition of a park and recreation district under RCW 36.68 and RCW 36.69. c. Obtain all required licenses, permits or certifications applicable to the program operated by the Parks and Recreation Department. 8. Additional Client Rights: a. In compliance with Title VI of the Civil Rights Act of 1964, and under RCW 2.42.010, RCW 2.43.010, and RCW 49.60.010, the Contractor shall ensure that Limited English Proficient (LEP) Clients have access to a certified, or, if non -certifiable language, to an otherwise qualified language interpreter, who has successfully passed the DSHS language test. The Contractor shall also ensure that DSHS Clients have access to documents translated into the Client's primary language. To request a qualified interpreter, you must register at httr)s://hcauniversal.com/new-reg1.a.uester- registrationl or email schedule ulsonline.net. For additional information, visit their Provider FAQs page. b. In compliance with the Americans with Disabilities Act (ADA) of 1990, under RCW 2.42.010 and RCW 49.60.010, the Contractor shall ensure that deaf, deaf -blind, or hard of hearing Clients have access to the services of an interpreter certified by the National Association of the Deaf (NAD) as a Sign Language Interpreter, or a qualified interpreter having a Registry of Interpreters for the Deaf (RI D). 9. Duty to Report Suspected Abuse, Abandonment, Neglect or Financial Exploitation. The Contractor and its employees must immediately report all instances of suspected abandonment, abuse, financial exploitation or neglect of a vulnerable adult under RCW 74.34.035 or a child under RCW 26.44.030.The report shall be made to the Department's current state abuse hotline, 1-866-363-4276 (END -HARM). The Contractor must also report all suspected instances to the Client's case manager. If DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 15 Special Terms and Conditions the notice to the Client's case manager was verbal then it must be followed up by written notification within one business day. Further, when required by RCW 74.34.035, the Contractor and the Contractor's employees must immediately make a report to the appropriate law enforcement agency. 10. Significant Change in Client's Condition. The Contractor agrees to report any significant change in the Client's condition within twenty-four (24) hours to the Client's Case Manager. 11. Death of Clients. The Contractor shall report all deaths of DSHS Clients receiving services under this Contract to the Client's case manager within one hour upon notification of the death. The Contractor shall follow up with written notification of the Client's death to the Client's case manager within one business day. 12. Provider Screenings. a. The State must ensure the Department does not pay federal funds to excluded persons or entities. States are also required to check for the death of an individual provider, agency owner or authorized official prior to contracting. The required ownership and control information for individuals with ownership interest of five percent (5%) or -more, officers and managing employees will be obtained from the Medicaid Provider Disclosure Statement and checked against all required federal exclusion lists, and the Social Security Death Master List, prior to finalizing a contract. b. The Contractor will report any change in ownership, managing employees, and/or those with a controlling interest to the Department within thirty-five (35) days of such a change so that these individuals can be screened against the required federal exclusion lists as well as the Social Security Death Master List. For detailed instructions, please refer to the Medicaid Provider Disclosure Statement. 13. Duty to Disclose Business Transactions. a. Under 42 CFR 455.104, the Contractor is required to provide disclosures from individuals with ownership interest, managing employees, and those with a controlling interest. The State must obtain certain disclosures from providers and complete screenings to ensure the State does not pay federal funds to excluded person or entities. Contractor must complete and submit a Medicaid Provider Disclosure Statement, DSHS Form 27-094. According to 42 CFR 455.104(c) (1), disclosures must be provided: (1) When the prospective Contractor submits their initial application; (2) When the prospective Contractor signs the contract; (3) Upon request of the Department at contract revalidation/renewal; (4) Within thirty-five (35) days after any change in ownership of the Contractor entity. b. Failure to submit the requested information may cause the Department to refuse to enter into an agreement or contract with the Contractor or to terminate existing agreements. The State will recover any payments made to a disclosing entity that fails to disclose ownership or control information, as required by 42 CFR 455.104. c. Under 42 CFR 455.105(b), within thirty-five (35) days of the date of a request by the Secretary of the U.S. Department of Health and Human Services or DSHS, the Contractor must submit full and complete information related to Contractor's business transactions that include: DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 16 Special Terms and Conditions (1) The ownership of any subcontractor with whom the Contractor has had business transactions totaling more than $25,000 during the twelve (12) month period ending on the date of the request; and (2) Any significant business transactions between the Contractor and any wholly owned supplier, or between the Contractor and any subcontractor, during the five (5) year period ending on the date of the request. d. Failure to comply with requests made under this term may result in denial of payments until the requested information is disclosed. See 42 CFR 455.105(c). 14. Background Check. The signatory for this contract agrees to undergo and successfully complete a DSHS criminal history background check conducted by DSHS every three years or more often as required by program rule or as otherwise stated in the contract, and as required under RCW 43.20A.710, RCW 43.43.830 through 43.43.842. If the Contractor has owners, administrators, subcontractors, employees or volunteers who may have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor shall require those owners, administrators, subcontractors, employees or volunteers to successfully complete a criminal history background check prior to any unsupervised access and at least every three years thereafter or more often if required by program rule or as otherwise stated in the contract. The Contractor must maintain documentation of successful completion of required background checks. 15. False Claims Act Education Compliance. Federal law requires any entity receiving annual Medicaid payments of five (5) million or more to provide education regarding federal and state false claims laws for all of its employees, contractors and/or agents. If Contractor receives at least five (5) million or more in annual Medicaid payments under one or more provider identification number(s), the Contractor is required to establish and adopt written policies for all employees, including management, and any contractor or agent of the entity, including detailed information about both the federal and state False Claims Acts and other applicable provisions of Section 1902(a)(68) of the Social Security Act. The law requires the following: Contractor must establish written policies to include detailed information about the False Claims Act, including references to the Washington State False Claims Act; a. Policies regarding the handling and protection of whistleblowers; b. Policies and procedures for detecting and preventing fraud, waste, and abuse; c. Policies and procedures must be included in an existing employee handbook or policy manual, but there is no requirement to create an employee handbook if none already exists. 16. Bribes and Kickbacks. Federal law stipulates that Medicaid participants be offered free choice among qualified providers, therefore any exclusive relationship between the Contractor and any other Medicaid service is prohibited. 17. State or Federal Audit Requests. The Contractor is required to respond to State or Federal audit requests for records or documentation, within the timeframe provided by the requestor. The Contractor must provide all records requested to either State or Federal agency staff or their designees. 18. Drug -Free Workplace. The Contractor agrees he or she and all employees or volunteers shall not use or be under the influence of alcohol, marijuana, illegal drugs, and/or any substances that impact the Contractor's ability to perform duties under this Contract. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 17 Special Terms and Conditions 19. Execution and Waiver. This Contract shall be binding on DSHS only upon signature by DSHS with an Authorized Countersignature. Only the Contracting Officer or the Contracting Officer's designee has authority to waive any provision of this Contract on behalf of DSHS. 20. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: a. DSHS shall pay the Contractor at the published rate, for services provided under this contract. The Contractor hereby waives written notice of subsequent rate changes. Subsequent rate changes will not require a revised Contract and are not disputable. Current rates are published at: htts://www.dshs.wa_ ovialtsa/mans ement-services-division/office-rates-mans ement. b. DSHS will only reimburse the Contractor for the number of hours authorized and provided per client. DSHS will pay the contractor at an established rate in 15-minute intervals. The Contractor will be reimbursed up to the Contractor's published rate for services provided unless that rate exceeds the equivalent of 15 minute intervals of service the client received. c. Transportation services must be written in the client's Service Plan. Mileage shall be paid at current State of Washington rates, as published by the Office of Financial Management, for miles driven while transporting one Client to a waiver service. Transportation is to and from the respite service and must be provided in accordance with WAC chapter 388-845. d. Transportation as a component of the Respite in Community Settings service must be included in the total published rate. e. Administrative functions, such as record keeping, travel to work site, billing, and report development are not billable as separate services but are included in the established rate schedule f. DSHS shall not pay the Contractor separately for the cost of other expenses such as equipment rental, meals and snacks for all day activities this must be rolled into the cost of the service. 21. Billing and Payment. a. The Contractor shall bill for authorized services using the ProviderOne Payment system, which is the state of Washington's Medicaid management system. b. Billing instructions are located at hftps://www.hca.wa.,qov/bi]Jers-providers- Pa rtners/rovideronel roviderone- bi Ili ng-and-resource-g uide c. The Contractor agrees to accept this payment as total and complete remuneration for services provided under this Contract to DSHS Clients. DSHS clients cannot be billed fees beyond the hourly contracted rate for the service Respite in Community Settings. d. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when Clients are not seen or served by the Contractor. e. Only DSHS shall have the authority to authorize services under this Contract. f. Respite care is a service authorized in 15 minute increments. DSHS shall not pay for more respite units than is received by the client. Client can pay for services provided that exceed waiver allotment as long as it does not surpass the contracted rate. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 18 Special Terms and Conditions g. DSHS shall only reimburse or pay for services which are authorized and within the scope of respite services. h. The contractor shall provide invoices or documentation of the dates of service, duration of time and total cost prior to service being provided. The CRM will create an authorization in CARE in "reviewing" status. After confirmation that the service is completed appropriately, the CRM will change the status of the authorization to "approved" which will allow the authorization to be claimed. i. The contractor shall provide invoices after service provided, as requested by DSHS j. If DSHS pays the Contractor for services authorized but not provided by the Contractor, the amount paid shall be considered an overpayment. k. If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. I. Payment shall be considered timely if made by DSHS within thirty (30) days Payment shall be sent to the address designated by Contractor. DSHS may, at its discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract. 22. Insurance. a. DSHS certifies that it is self -insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self -insured or insured through a risk pool and shall pay for losses for which it is found liable; or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance CGL — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appointed officials, agents, and employees shall be named as additional insureds. DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 19 Exhibit A DDA Policies & Agreements Policies The following DDA Policies are hereby incorporated as Contractor Requirements. 5.06 _Client Rights 5.13 Protection from Abuse: Mandato Re ortin 5.14 Positive Behavior Support Principles 5.19 6.15 Positive Behavior Support for Children & Youth Nurse Deleqation Services Policies can be located at https://www.dshs.wa.gov/dda/policies-and-ruies/policy-manual. In the event DSHS updates or changes these policies, the revised policy/policies will be incorporated into this Contract without the requirement of an amendment. DDA Guiding Values: The DDA Guiding Values can be located at: https://www.dshs.wa.govisites/default/fiiles/DDA/dda/documents/DDA°/o2OGuiding°/o2OValues°/o2OBooklet.pdf Disability Rights of Washington [DRW1 Agreement: The following access agreement is regarding "Disability Rights of Washington (DRW) rights and responsibilities. The agreement can be located at: hop s: //www. d s h s. wa. q ov/sites/d of a u I t/fi le s/DDA/dd a /d o c u rne ntsf W PAS . pdf . *Note: WPAS has changed its name to "Disability Rights of Washington (DRM" and DDD has changed its name to "Developmental Disabilities Administration (DDA) DSHS Central Contracts & Legal Service9 1803LP DDA Respite in Community Settings (8- 29-19) Page 20 COUNCIL MEETING DATE: 2/21/2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FORMER TARGET BUILDING DEMOLITION BID AWARD POLICY QUESTION: Should the Council award the Former Target Building Demolition to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Feb. 6, 2023 CATEGORY: 13 Consent ❑ Ordinance ❑ Public Hearing C4 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Omar Barron, PE Senior Civil Engineer V� DEPT: Public Works Attachments: 1. LUTC Memorandum dated February 6, 2023. 2. Bid Tabulation Options Considered: 1. Award the Former Target Building Demolition to the lowest responsive, responsible bidder; Swofford Excavating, LLC in the amount of $373,789.50 together with a 15% contingency of $56,068.43 for a total amount of $429,857.93, and authorize the Mayor to execute the contract. 2. Reject all bids and direct staff to rebid the project and return to the Committee for further action. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the February 21, 2023 City Council Consent Agenda fqX.,,Vprova1.,p MAYOR APPROVAL: DIRECTOR APPROVAL: 'Z [ 'Z J 20 lAitlall�a[c COMMITTEE RECOMMENDATION: I move to forward Option I to the February 21, 2023 consent agenda for approval. 4X e4w-- Chair J aisle. Committee Member Hoang Tran, ommittee Member -*ROPOSED COUNCIL MOTION: "I mVe to award the Former Target Building Demolition to the lowest responsive, responsible bidder Swofford Excavating, LLC in the amount of $373, 789.50 together with a 15% contingency of $56, 068.43 for a total amount of $429, 85 7.93, and authorize the mayor to execute the contract. " (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— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, PE Public Works lJirecto Omar Barron, PE Senior Civil Engineer SUBJECT: Former Target Building Demolition Bid Award Financial Impacts: The cost for the Former Target Building Demolition was included in the previously presented and Council discussed ARPA funding priorities. No General Fund expenditures are proposed. Upon completion of the Former Target Building Demolition, no additional funds are needed for maintenance in the after condition as this project would eliminate the ongoing maintenance costs outlined below. Background Information: In 2014, the City purchased the former Target parcel. At that time, the former Target property had been repeatedly vandalized and both the building and surrounding property was in disrepair. The rooftop air handling units, the electrical wiring, both inside and out, plumbing system, and communication systems were all either stolen or destroyed prior to the purchase. The continued labor cost alone to maintain the property in the current condition equates to $15,021 quarterly, or $60,000 annually. Given these ongoing maintenance costs and labor burden, the City reviewed the feasibility and then authorized bidding of the demolition. Nine bids for the project were received and opened on January 31, 2023. The Bid Tabulation summary is attached. The lowest responsive bid is lower than the Engineer's Estimate. Therefore, Public Works staff recommends contract award to the lowest responsive, responsible bidder Swofford Excavating, LLC with a bid of $373,789.50. Financial Summary: Estimated Expenditures Design $ 7,500.00 Construction Contract $ 373,789.50 Contingency (15%) $ 56,068.43 Construction Management & Inspection (+/- 5%) $ 18,689.48 TOTAL PROJECT COSTS $ 456,047.41 Available Funding ARPA Funds $ 585,000.00 TOTAL PROJECT FUNDS $ 585,000.00 Rev. 6/2020 FORMER TARGET BUILDING DEMOLITION PROJECT NUMBER 2022-06 BID OPENING DATE: JANUARY 31, 2023 Mobilization 1 LS Minor Change 1 FA Removal of Structures and Obstructions 1 LS Removing Existing Illumination 1 LS Plugging Existing Pipe 1 EA Remove Service Connection 3 EA Erosion/Water Pollution Control 1 LS SALES TAX (10 1 % BID TOTAL "Error corrected in bid" Mobilization 1KEA Minor Change 1 Removal of Structures and Obstructions 1 Removing Existing Illumination 1 Plugging Existing Pipe 1Remove Service Connection 3Erosion/Water Pollution Control 1 SUSTOTAI SALES TAX (10 1% BID TOTAL **Error corrected in bid" Engineer Estimate Bid 1 Swofford Excavating, LLC Bid 2 Construction Group Inter. Bid 3 Skycorp, Ltd. Bi Dickson Company Price Total Price Total Price Total Price Total Price Total $39,500,00 $39,500.00 $20,000.00 $20,000.00 $13,000.00 $13,000 00 $38.100.00 $38,100,00 $12,500.00 $12,500.00 $25.000.00 $25,000.00 $25,000.00 $25.000.00 $25,000.00 $26,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $350,000.00 $350,000.00 $285,000.00 $285.000.00 $355,866.00 $355.866.00 $369,900.00 $369,900.00 $425,100.00 $425.100.00 $6,500.00 $6,500.00 $3,000.00 $3,000.00 $2,500.001 $2,500.00 $2,000.00 $2,000,00 $500.00 $500.00 $3,500.00 $3,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $200.00 $20000 $2,500.00 $7,500.00 $1,000.00 $3,000.00 $1.500.00 $4,50000 $900.00 $2,700.00 $200.00 $600.00 $2,500.00 $2,500.00 $2,500.00 $2,500 00 $1,000.001 $1.000.06 $1,500.00 $1,500001 $600.00 $500 00 434,500.00 $339,50u.uu $403,366.99 $442,200.00 $464,400.00 $43 884.50 534 289.50 40 739.97 44 662.2Q 46.904.40 $478,384.50 $373.789.50 444,i05.97 488,B62.20 $511,304.40 Bid 5 Rivers Edge Environmental Bid 6 KD&S Environmental, Inc Bid 7 Advance Environmental, Inc. Bid 8 Ascendent, LLC Bid 9 3 Kings Environmental, Inc Price I Total Price Total Price Total Price Total Price Total $5,000,001 $5,000 00 $12.000.00 $12,000,00 $50,000.00 $50,000.00 $2.500 00 $2,500 00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $26,000.00 $25,000.00 $537,172.26 $537,172 26 $612,000.06 $612.000,00 $569,500.00 $569,500.00 $673,692.00 $673,692.00 $727.400.00 $727.400 00 $2.500.00 $2,500 00 $1,500.00 $1.500 00 $26,000.00 $26,000 00 $1,900.00 $1,900.00 $1,000.00 $1,000.00 $2,500 00 $2.500 00 $850.00 $850 00 $3.500.00 $3,500.00 $3,866.00 $3,866.00 $1,500.00 $1,500.00 $2,500.00 $7,500001 $750.001 $2,250.00 $3,000.00 $9,000.00 $3,866 00 $11,598 00 $1,000.00 $3,000.00 150000 $1,500 00 $2,000.00 $2,000 00 $12:000.00 $12.000.00 $2,000 00 $2,000 00 $2,500.001 $2,500.00 $581,172.26 5655,600.00 $695,000.00 $720,556.00 $785,400.00 $58,698.40 $66,215.60 $70,195.00 $72,776.16 $79,325.40 $639.870.66 721.815.60 765,995.00 $793,332.76 $864,725.40 Page 1 of 1 21 8b COUNCIL MEETING DATE: February, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY COVID-19 PANDEMIC FUNDING FOR PAEC POLICY QUESTION: Should the City Council allocate the $50,000 funding from King County for COVID-19 Pandemic Relief to the Arts 4 Youth program at the Performing Arts and Event Center? COMMITTEE: +E$RAC Pn-NsyPS MEETING DATE: T""'a''" 24 2n 2!1't12� CATEGORY: C Consent ❑ Ordinance ❑ Public Hearing (J City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett, Contract Administrator DEPT: FEDRAC Attachments: 1. Staff Report Options Considered: 1. Authorize the allocation of $50,000 funding from King County for COVID-19 Pandemic Relief to the Arts 4 Youth program at the Performing Arts and Event Center 2. Do not authorize allocation and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: f Jj� -A �11 M/ft DIRECTOR APPROVAL: K / y/zaz 3 I olwFlawkc I ' councl Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the authorization of allocation of the $50,000 funding from King County to the 2023, consent agenda for approval. " /% 6on-inittee Chair Con t[ee mb Committee Member PROD 9Ej) COUNCIL MOTION: "I move approval of the projiosed allocation of the $50, 000 funding from King County.for COVID-19 Pandemic Relief.for the Arts 4 Youth program at the Performing Arts and Event Center. " (BELOW TO BE COMPLETED B)' CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onit) ORDINANCE # REVISED— 112019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 19, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, City Administrator FROM: Autumn Gressett, Contract Administrator SUBJECT: KING COUNTY COVID-19 PANDEMIC FUNDING ALLOCATION Financial Impacts: The revenue to the City for KING COUNTY COVID-19 PANDEMIC FUNDING FOR PAEC will be $50,000 and will be credited to the Arts 4 Youth program at the Performing Arts and Event Center I I5-Fund. The cost to the City to receive the funds are $0.00. Background Information: Upon Pete von Reichbauer's recomm- endation, the 2021-2022 King Countybudget included an expenditure restriction to direct county funding towards your organization.. The budget includes $50,000 reserved for the Federal Way Performing Arts and Event Center to support arts and cultural programs and operations during and after the COVID 19 pandemic Rev. T1 8 COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN RESOURCES DIRECTOR CONFIRMATION — VANESSA AUDETT POLICY QUESTION: Should the City Council ratify the Mayor's appointment of Vanessa Audett as Human Resources Director? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT: Administration At the January 17, 2023 Regular Meeting, the Council adopted an ordinance to change the Human Resources Division to a Human Resources Department. The ordinance became effective February 17, 2023. Vanessa Audett has been serving as Human Resources Manager since June 2021, and the Mayor has appointed her to continue leading Human Resources for the City as a department director. The appointment requires confirmatiari by the City Council. Options: 1. Approve the Mayor's appointment of Vanessa Audett as Human Resources Director 2. Do not approve the Mayor's appointment MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee DIRECTOR APPROVAL: 5 Z / -113 ImtiaWate COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move to confirm the Mayor's appointment of Vanessa Audett as Human Resources Director. " (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 — 11/2020 RESOLUTION # %Ore, COUNCIL MEETING DATE: February 21, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint new members to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each) and the number of members who collect tax and those who are funded by the tax revenue must be equal. Currently there is one vacant position to represent those involved in activities authorized to be funded by lodging tax revenue and two vacant positions to represent businesses collecting the tax. To meet the requirement of equal types of members, either all positions must be filled or only one position representing businesses collecting the tax. At their February 21, 2023 Special Meeting the City Council interviewed three applicants: Rose Ehl (funded by tax), Kyle Carper (collect tax), and Kristin Wells (collect tax) Options Considered: 1. Make appointments to Lodging Tax Advisory Committee as follows: Pas. Name Type Position Term 3 1. Collect Tax 10/31;/2023 4 2. Funded by Tax 10/31/2024 5 3. Collect Tax 10/31/2023 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: M R I61 inui.A/DnEe PROPOSED COUNCIL MOTION: "I move the following appointments to the Lodging Tax Advisory Committee... " (BELOWTO 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 # a COUNCIL MEETING DATE: February 21, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MOBILE FOOD AND RETAIL VENDORS CODE AMENDMENT ITEM #: POLICY QUESTION: Should the City Council adopt a new Chapter 19.290 regulating mobile food and retail vendors in the Citv? COMMITTEE: Land Use & Transportation MEETING DATE: February 6, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis DEPT: CD ............ ... .::....::. Attachments: 1. Staff Memo 2. Public Comments 3. r-oj TrvtV '&Wr P1nrT`��atS Options Considere 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMC1VDyIilOfy Option 1. MAYOR APPROVAL: % DIRECTOR APPROVAL: v] Co» i e nu lial'[7nec !niliuI uic Initia u COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on February 21, 2023. mittee Chair Member 1-loan Tmn,(ommittee Member PMWasED COUNCIL MOTION(S): 6FAIrR/UARY FIRST READING OF ORDINANCE 21, 2023): "I move to forward the proposed ordinance to the March 7, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (MARCH 7, 2023): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 6, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Evan Lewis, Associate Planner :%:— SUBJECT: Mobile Food and Retail Vendors Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. Memo Addendum Addressing 1l9123 LUTC Ouestions This additional information addresses council questions and comments raised during the 1/9/23 LUTC meeting. The remainder of this memo is unchanged from the 1/9/23 LUTC packet. Concern 91: Competition with Brick & Mortar Staff Response Summary: Food truck vs. brick & mortar restaurant comparisons are apples -to -oranges comparisons. These are two different uses/activities that offer a different product, serve different customer bases, and have different impacts. As different uses, it is appropriate that food trucks and brick & mortar restaurants require different zoning and permit requirements scaled and calibrated to each use, just as there are for all other uses listed in Federal Way's zoning code. The proposed code amendment fixes an ineffectual code design specifically for the food truck use. Concern #2: Site duration for Class II mobile vendors Staff Response Summary: Allowing Class II mobile vendors to operate up to 180-days is scaled to industry practices, accommodates seasonable businesses, is consistent with FWRC business license time thresholds, and allows time for food trucks to establish a Federal Way customer base. Concern #3: Code enforcement Staff Response Summary: Mobile vendor code violations, whether violations of site duration thresholds or any other proposed mobile vendor requirement, would be handled on a complaint basis consistent with how most code enforcement issues are handled in Federal Way. Under current code and practices, with food trucks subject to only a 4-hr. limit before triggering any permit review requirement, there have been zero documented code complaints or violations involving food trucks. More detailed responses to concerns #1 and 2 are provided below. Rev. 6/2020 February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 2 1) Competition with Brick & Mortar: Concerns were raised at the 1/9/23 LUTC meeting that the proposed code update, and the associated streamlined permitting for many food trucks, may create an unfair permitting advantage over brick & mortar establishments. Such concerns raise a common but fundamentally apples -to -oranges comparison between mobile vs. brick & mortar uses: a) Food trucks offer a different customer experience than brick & mortar. While both food trucks and brick & mortar restaurants sell food, the overall customer experience food trucks offer is an entirely different product from brick and mortar restaurants; each with pros and cons that attract customers seeking different services. Comparatively, grocery stores also sell food, but concerns are rarely raised that food trucks next to grocery stores have an unfair advantage over brick & mortar restaurants because it's usually recognized that grocery stores are also a different customer experience and product than restaurants; the same recognition is appropriate for the food truck vs. brick & mortar comparison. b) Food trucks serve a different target audience than brick & mortar. At the time of any given purchasing decision, customers seeking the brick & mortar experience are unlikely to be swayed toward a food truck, and visa versa. Thus, permitting food trucks different from brick & mortar has no ill effect on nearby restaurants. Their customer bases are usually different and do not compete with one another. c) Food trucks lead to mutually beneficial business opportunities. The mobile nature of food trucks can activate urban spaces and help bring a different type of customer base near brick & mortar establishments in a way that's mutually beneficial to both. Brick and mortar establishments increasingly partner with food trucks to enhance their products. For example, breweries that only serve beverages and light snacks, and which avoid opening kitchens since the permitting can be cost -prohibitive, often invite food trucks to their parking lots to provide convenient food options for brewery customers. As different uses, different zoning and permit requirements between food trucks and brick & mortar restaurants is consistent with differences between all other uses in FWRC. 2) Site duration for Class II mobile food or retail vendors: Allowing food trucks to operate up to 180 days on a site, after obtaining a business license and completing a review checklist, is supported by the following: Industry practices: Food trucks that only have a Federal Way business license are currently code -limited to 4 hours per site per day before triggering a substantially more costly and time -intensive temporary use permit or site plan review (use process). These existing thresholds are not properly scaled or February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 3 calibrated for the way food trucks operate in order to be successful. Since Federal Way's current food truck code was adopted in 2012, the industry has grown significantly nationally and regionally. Despite this growth, Federal Way has had zero documented code compliance complaints or violations involving food trucks. The 180-day threshold is set high enough to still ensure that there's some reasonable line between a temporary vs. permanent level of permit review, while also ensuring that the city's code doesn't create a large volume of arbitrary code violations disconnected from any real health, safety or welfare concerns with food trucks. b. Seasonal businesses: 180 days approximately captures the spring/summer warm weather season and the fall/winter cold weather season. It's reasonable to allow more seasonal mobile vendors to operate on the same site without triggering a more costly and timely permit review every single year. c. Lease lengths: Food trucks signing a 6-month or longer lease signifies a longer - term intent to park at particular location which makes 180 days an appropriate threshold triggering a permit or site plan review. d. Consistency with other code: Under FWRC Title 12, "roving mobile vendors," which include some uses under the mobile food or retail vendor definition, are allowed to operate up to 90 consecutive or non-consecutive days with only a temporary business license. Other businesses are subject to a permanent business license with an annual renewal. 180-days is a reasonable medium between these the 90-day temporary vs. annual permanent business license thresholds before triggering a permit or site plan review. Time to establish customer base: Establishing a Federal Way customer base is difficult if food trucks aren't able to test out local sites for longer periods without triggering a permit process that can take a month or more. This constraint is noted in findings from the attached Federal Way Chamber Food Truck SWOT Analysis. Further context to some of the points raised are found in the following attached reports: • Federal Way Chamber of Commerce 2022 Food Truck SWOT Analysis • Urban Food Link's 2014 Mobile Vending in South King County, WA report The following Municipal Research Services Center (MRSC) article provides additional insights on food truck regulations: https.//mrse.org/stay-informed/mrsc-insiglit/j une-2018/food-truck-laws-4-tnd—regulations February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 4 Background Information: The proposed code amendments are directed at what are commonly known as food trucks. Compared to currently existing code, the proposed "mobile food or retail vendor" code amendments establish more clear, consistent, and flexible mobile vending review processes and standards which are more appropriately scaled to the unique and varied ways that mobile vendors operate. The City's current mobile vending code requirements are primarily found in FWRC 19.275.070 for Food trucks/carts; a code section adopted in 2012. In the past 10 years the food truck industry (which likely comprises most mobile vending) has seen significant growth nationally and locally, bringing food and retail goods to new areas, offering a new venue for existing brick -and -mortar restaurants and retail, and providing a popular entrepreneurship opportunity for many individuals. However, mobile vendors pose several local permitting challenges due to the variety of property types they operate on, varied duration of operation at any one location, site uses and layouts, vehicle designs, and their mobile nature in general. Federal Way's current temporary use regulations are inadequately one or two sizes fit all, resulting in: (1) many food trucks undergoing little to no review by the City and subject to code requirements generic to all temporary uses; or (2) food trucks that operate more than 4 hours per day at a location (a common occurrence) are permitted via a process that can take weeks or months. The City's code therefore has a steep gradient between no review for most food trucks and a level of review that is out of scale with what is reasonable given the impacts from mobile vendors. It also lacks a definition for food trucks/carts or mobile vending which makes it difficult for staff to confirm if a food truck or other mobile vendor is subject to our temporary use code or not. The proposed updates help ensure that the code -established process does not cause mobile vendors who would otherwise operate in Federal Way to not operate here, nor cause mobile vendors to evade (either intentionally or unintentionally) code -required review processes. It also provides levels of review more appropriately scaled to the ways mobile vendors operate. Proposed Code Amendments Summary Proposed mobile food or retail vendor code changes result in the following updates to Federal Way's Zoning Code Title 19): 1) Removes "Food trucks/carts" section of Temporary Use Code (FWRC 19.275.070); a new "Mobile food or retail vendor" chapter will replace the temporary use chapter requirements for that use and activity. 2) Adds definitions to the zoning code (FWRC 19.05) pertaining to mobile food or retail vendors. 3) Establishes a new "Mobile Food or Retail Vendors" zoning code chapter that addresses a wider range of mobile vending scenarios and establishes clearer review processes and requirements that are more appropriately calibrated to those scenarios. 4) Establishes a use chart and zoning requirements associated with that use for all zones other than single-family residential zones. February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 5 These updates are further described below: Code Update Summary of Update 1) Remove "Food Mobile vending activities, including food trucks/carts, are trucks/carts" currently covered under Federal Way's Temporary Uses chapter in section of FWRC 19.275. The proposed code updates remove the food Temporary Use trucks/carts section of this chapter since mobile vending activities Code (FWRC will be covered under a new and separate code chapter. 19.275.070) 2) Add definitions to Two new definitions are proposed: the zoning code 1) "Mobile food or retail vendor" broken into three different (FWRC 19.05) classes, with each class associated with different permit review pertaining to standards and processes. mobile food or 2) "Mobile or temporary health services" since such services are retail vendors. specifically excluded from the definition of "mobile food or retail vendor." 3) Establish a new This new code chapter establishes the following: "Mobile Food or 1) New or clarified code requirements for all mobile vendors Retail Vendors" regardless of where or how long they operate. zoning code 2) More appropriate review processes for different types of chapter. mobile vendors, resulting in the following levels of review: a. With a business license and completion of a city checklist, any mobile food or retail vendor can operate up to 180 days on any property which does not have a single-family residential use with the property owner's permission, or operate on a single-family residential property as frequently as 1 day per month. b. With a business license, checklist, and new Mobile Food or Retail Vendor Permit, mobile vendors can operate permanently on a public or private property when accessory to another use. This review would likely take a few weeks. c. With a Use Process I review (which is the least - intensive level of site plan review), a mobile vendor can operate permanently on an improved property that does not have an already established use and that has non-residential zoning. Minimum setbacks and parking, and maximum height standards are established for this mobile vendor class. 3) Other code provisions common to many zoning chapters including statements of purpose and applicability, a list of exempt activities, and a variance option. 4) Establish a use A use chart with associated review process, lot size, setback, chart and zoning height and parking requirements are proposed to be added to all requirements non-residential zones. This use chart will be applicable for Class February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 6 Code Update Summary of Update associated with that III mobile vendors that are proposed as the primary use on a use for all zones property. other than single- family residential. What proposed code updates do not do: 1) Promote or discourage mobile vending vs. the status quo 2) Change existing requirements for mobile vendors: a. In public rights -of -ways b. At special events 3) Change requirements for other temporary uses 4) Supersede or conflict with regulations from other local or state agencies including WA Dept. of Revenue, WA Labor and Industries, King County Public Health, or South King Fire & Rescue Procedural Summary: The procedure followed for making this amendment is shown below: 9/16/22: Public Notice of SEPA Decision published and posted (website) 9/16/22: Issuance of SEPA Determination of Non -significance (DNS) and Public Notice 9/30/22: End of SEPA Comment Period 10/5/22: Planning Commission Briefing 10/21/22: End of SEPA Appeal Period 11 /2/22: Public Hearing 1/9/23: LUTC Council Committee 1/17/23: City Council 1st Reading 2/7/23: City Council 2"d Reading Public Comments: The City received 1 comment during the SEPA comment period, and 0 comments during the public hearing comment period. However, in August 2022 during the code development process, three individuals provided comments to inform the mobile vendor code. All four of the comments received are attached to this staff report, and described below. Comment Description Staff Response to issues raised in comments 8/8/22 comment from Jen Gustin, Food Truck Operator: 1) Fairness, reasonableness and equity: The Comment expressed support for the city looking at food proposed code updates provide a clearer, truck code updates. Comment also requested: more consistent, and more flexible mobile 1) Fairness and support for small businesses vending code, and increase fairness, permit 2 Concern about fees for food truck permits review reasonableness and equity for mobile vendors by properly scaling and F8/9/22 comment from Roger Neri: comment requested hat: calibrating permit processes and February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 7 Comment Description I Staff Response to issues raised in comments 1) Code updates don't snake it harder for food trucks to operate; 2) Food truck requirements be limited to parking 2) and not include duration restrictions. 8/10/22 comment from Celia Berk, Food Truck Operator: This comment: 1) Mentioned the obstacles that they've faced as a food truck operator 2) Requested that code updates are fair and reasonable for vendors 3) Expressed various benefits that food trucks bring 4) Expressed concerns about equity in code changes such as this 9/30/22 comment from Lori Johnson, Executive Director of the WA State Food Truck Association (WSFTA). The comment expressed the proposed code is "fair and safe code for the mobile food industry" and also mentioned WSFTA's seasonal food truck program and services they offer communities. requirements to the unique and various ways that mobile vendors operate. Fees: For mobile vendors operating up to 180 days at a location, the only city fee is the business license fee that businesses already have to pay. The threshold for triggering a more intense permit review is significantly increased from the 4-hours per day to 180-days on a site. 3) Difficulty & duration restrictions: Given the much higher threshold for triggering a more intense permit review, most mobile vendors will be subject to a less difficult permit process. Mobile vendors operating permanently (over 180 days) on a site with an established use will be subject to a permit process with likely a few week turnaround time. Mobile vendors operating permanently on a property that does not have an already established use will be subject to the lowest -intensity site plan review process. Staff acknowledges this comment. Planning Commission Recommendation: The Planning Commission conducted a Public Hearing on November 2, 2022. There were no additional comments from the public received during the public hearing. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for approval. Decision Criteria: FWRC 19.80.130 provides three criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: 1. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: a) LUP3: Use design guidelines and performance standards to create attractive and desirable commercial, office and commercial/residential mixed -use developments. February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 8 b) LUP4: Maximize efficiency of the development review process. c) LUP6: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. d) LUG3: Preserve and protect Federal Way's single-family neighborhoods. e) EDG1: Promote and create a sustainable, diversified and globally focused economy. f) EDP2: Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. g) EDP10: Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed code update clarifies and properly scales and calibrates permitting processes for mobile vendors and ensures that all mobile vendors are subject to and reviewed for the same minimum code requirements. It also develops performance standards that are specific to the unique operations of mobile vending rather than general to all temporary uses. 3. The proposed amendments are in the best interest of the residents of the city. The proposed code update will increase the consistency with which mobile vendors are permitted; reduce the likelihood that mobile vendors will operate in Federal Way without knowing or being subject to minimum standards that protect public health, safety, welfare and quality of life; and ensure that mobile vendors who operate temporarily in Federal Way are subject to a review process properly scaled to the potential impact the mobile vendor will have at any given location. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. Mavor's Recommendation: Based on the recommendation from the Planning Commission, above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC 19 (Zoning and Development) relating to Mobile Food or Retail Vendors be approved. Attachments 1) Public Comments 2) Federal Way Chamber of Commerce 2022 Food Truck SWOT Analysis 3) Urban Food Link's 2014 Mobile Vending in South King County, WA report February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 9 February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 10 Attachment 1: Public Comment #1 From: bossmamaskitchen@comcast.net Sent: Monday, August 8, 2022 1:47 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell; Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Food Truck Regulations [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hello Team, I know you're in the middle up updating your municipal codes for food trucks/mobile vending. I just wanted to say thank you for caring about our industry, thank you for listening and thank you for supporting small business. This is my 6th year as a mobile food truck owner, and I love what I do. I get a lot of requests from Federal Way, and must turn them down, because I like to play by the rules and stay within guidelines. The last thing I want to do is cause a problem. I think it's great that you're looking at making changes. If I could say anything.....it would be this; please be fair, please be small business friendly, and please support us. Financially, asking trucks to pay for a "food truck permit" is a deterrent for most of us. If we pay a fee every city we go to, it defeats the purpose. Some people think these trucks are a cash cow. Some days, we do great, and all is well.... others, not so much. It balances out. Being nickel and dimed is hard ..... and I think I speak for all of us out here when I say, please refrain from additional fees. It's not small business friendly. Prime example .... for me to drive my truck into King County every year, it costs me an additional $908.00 from King County Health. If I have to pay a fee per city that we work in ...... it doesn't benefit anyone. It's a deterrent. We want to feed the community; we want to grow our business. Let's work together and make Federal Way a Food Truck friendly, city! Q I appreciate your time .... have a wonderful week! -J G Jen Gustin Owner/Operator Boss Mama's Kitchen WSFTA Board Advisor PH: 253-222-8631 Email: 6ossMamasKitchen_@Comcast.net Facebook: https://www.face-book.com/Boss-Mamas-Kitchen-2358234.66752422/?frefzts February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 11 Attachment 1: Public Comment #2 From: Roger Ned <rntheone@gmail.com> Sent: Tuesday, August 9, 2022 8:36 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Food truck regs [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Good day, 1 am trying to decide to get into the food truck business. Please don't make it harder. Cities should only require that the food trucks obey the parking rules that apply to all vehicles. Duration restrictions do not address the public's health & safety. Added food truck permits, add to their costs and will not increase positive food truck activity in this city. The free market will determine if the food truck is at one location too often. Thanks February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 12 Attachment 1: Public Comment #3 From: Celia <greycoastdogs@gmail.com> Sent: Wednesday, August 10, 2022 1:16 PM To: Evan Lewis; Ping Inquiry; COUNCIL; Jim Ferrell Subject: Re: City Code Changes [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Greetings, Myself and my husband launched our mobile food cart in January of 2021, and we have come to gain significant understanding about the ways that cities operate to keep people safe. We found, in our 6 months growing, that many obstacles are currently in place which render it very difficult to grow a small business in King County. With that said, we have seen enormous strides in our work as we have been able to commit fully to it and are very excited to continue on. It is our request that city code changes be fair and reasonable for vendors, fortifying the mutualistic relationship between residents and vendors that is based in respect and positive experiences. Food trucks, trailers, and carts send positive messaging about being active in the community and act as caretakers for public spaces. Bolstering opportunities for mobile food vendors bolsters equitable practice and pathways to equity that ensure entrepreneurs and business owners are not discriminated against nor favored across the spectrum of access to capital. Though we are Seattle -based, we have seen in our city the response to policies and changes that do not center equity, and we have concerns about the way that impacts the ability for mobile vendors to provide safe experiences for customers. It is our hope that our message be considered in your upcoming discussion regarding code changes, All my best, Celia Celia Berk Grey Coast Dogs greycoastdogs@P,ma i I.co m February 6, 2023 Land Use and Transportation Committee Mobile Food or Retail Vendors Code Amendments Page 13 Attachment 1: Public Comment #4 From: Lori Johnson <lorij@wafoodtrucks.org> Sent: Friday, September 30, 2022 8:54 AM To: Evan Lewis Subject: Re: SEPA DNS for Federal Way draft mobile vendor code & other annual zoning code amendments [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Evan, I have read over the proposed code and see that the City of Federal Way has designed a fair and safe code for the mobile food industry. The city also looks to have very desirable improvement plans and food trucks could help to activate new or existing space. The WSFTA runs seasonal food truck programs for other cities (Food Truck Fridays in Puyallup, Port of Everett, etc.) and thought this might be a good fit for Federal Way in 2023. If you agree and could refer us to the right planner to forward this idea, we have a page here that gives a good description of our free service: https://ytoafoodtrucks.org/cc)rpor-ate-i)usiness-location-ragues_t There are many food truck operators that live in or near Federal Way and will be interested in serving their own community. We appreciate the time and thought you put into this code revision..... Sincerely, Lori Johnson, Executive Director Washington State rood Truck Association, LLC (36o) 223-3801 LYww. w a foodt rncks.one wafnod tnicks "The punishment of wise men who refuse to take part in the affairs of their government is to five under the government of unwise men." — Plato Food Truck SWOT Analysis 40 w:m au Food Truck SWOT Analysis: Regional Economic Visioning with Industry Focus Group The food truck industry has experienced rapid and steady growth in ' recent years, a boom that has outpaced the broader food service sector k. �1001 over the last five years. The industry continues to grow nationally, with I�I�Ih an estimated annual growth of 7.5% from 2015 to 20201. According to a study conducted by IBISWorld, there are approximately 32,456 food trucks in the US, and the industry employs 38,064 people in 2022'. Start-up costs can be as low as $50,000 with an average revenue around $290,000 yearly'. The low start-up costs compared to potentially high success has brought many chefs, restaurateurs, and small business entrepreneurs to explore this venture. Seattle's booming economy lead to the food truck scene nearly tripling between 2010 to 2017'. With the wave of new business growth, came new operating standards determined by each county's health department and city ordinances. Mobile food vendors are challenged to comply with varying regulations from location to location while city staff is limited in their ability enforce code or provide comprehensive information to these small business owners. Mobile food vendors are adapting to the economic constraints that have come from the pandemic, but even as restrictions are being lifted, food trucks are tapping into new high -demand areas and are quickly following changing trends. Strengths: People & Community Location & Versatility Food trucks are becoming more versatile, expanding into new markets and creating necessary service industry employment opportunities locally in the communities they serve. The industry is composed of many owner -operators who wear many "hats" to successfully run a small, mobile business. Having experienced staff means being a skilled and qualified driver to maneuver the large vehicle from the highways to small neighborhoods and parking lots and being a flexible chef to prepare their menu in a smaller space with less equipment. Food truck operators employ or develop internal or local resources to maintain customer relations, bookkeeping, accounting, mechanical needs, and tend to the plumbing and janitorial work that comes with the operations. These skills and aptitudes to business are the behind the scenes strengths and differences of the food truck experience that directly supports the community where these trucks operate. Food trucks are emerging from existing brink -and -mortar businesses as well as growing into brick -and - mortar restaurants and shops. "Food trucks are one of the most efficient uses of public space. The same parking space that can be used byjust a few people in an afternoon can be used by more than 100 people having lunch from a food truck. And by bringing food directly to the people, food trucks help reduce congestion'." When legally permitted, food trucks have the flexibility to go to their customer at private events, neighborhoods, businesses, festivals, parks, stadiums, and other event locations. The location convenience and usually fast -paced service is the "food truck experience" people are drawn to, and what makes them so popular. Weakness: Resource Limitations Competitors & Consistency Food trucks and mobile food vending in Washington State are heavily regulated and the margins are narrow with many underlying risks that can influence the day-to-day business operation. Regulations can enhance economic development or create barriers for market entry6. A leading concern is that mobile vendors have a competitive advantage over brick -and -mortar restaurants because of their mobility, which also exempts them from various taxes. In reality, the mobility comes with several disadvantages for truck operators and arguably more regulations and frequent inspections than brick -and -mortar establishments. In Washington, mobile food vendors are required to pay taxes on their mobile truck and equipment that must be approved by the Factory Assembled Structures Department of Labor & Industry'. Then the business must be licensed by the state and each city it will be operating for tax purposes and obtain passing inspections by each county's Department of Health with two annual inspections on the vending truck and commissary kitchen it operates from. Usually, depending on the event, the truckwill also require an inspection before each event and all employees must show proof of best food safety practices'. Like brick -and -mortar establishments, food trucks must also pass annual inspections by the fire marshal and carry specific fire safety equipment on board at all times. Food trucks have other added expenses of commissary agreements, storage and rental fees for parking, and gas. Washington state city governments have made strides to update and create new codes specifically for mobile food vendors, however, it is not streamlined enough between cities and the multiple departments vendors must navigate for permitting. This ongoing challenge has been a point of contention and frustration for vendors that have received miscommunication and added costs of fees and process time for permits. Significant steps need to be taken to cut the red tape and encourage the growth of mobile food vendors while ensuing the protection of neighborhood interests across the greater Puget Sound area as a whole. These are just a few of the economic development considerations prepared by Urban Food Link "Mobile Vending in South King County:6"' o Food trucks do not have a fixed location, which is a source of stability for restaurants. It is easier to build a customer base when the customer can always be sure where the business is located. o Food trucks are at the mercy of the weather. If it is raining, snowing or extremely hot, people will be far less inclined to stand in line at a food truck. o Food trucks cannot offer seating and table service for their customers. o Food trucks have extremely small kitchens... this means less dining options. o Food trucks typically have a shorter span of service hours. o If there are mechanical failures with the kitchen equipment orthe truck itself, until repairs are made, the truck cannot serve customers, employees miss out on their shifts and the food in the commissary refrigerator may spoil. These limitations can vary when vending on public versus private space and the necessary permitting for those spaces varies between city and county. Operators must be organized and proactive to understand the regulations of operating in public spaces and have appropriate permits and licensing. Even on private 0a property, licenses are still required and fees or percentages of sales must be negotiated to do business. This lack of consistency between location to location and need for organization of several permitting and licensing processes and communication at each department can be time consuming efforts, language and time barriers that some vendors do not have the resources to navigate. Opportunities: Underserved markets Emerging and continuing need for products & service Mobile vending has diversified to cater to various and niche communities and palates to prepare and serve a broad range of cuisine, drinks, and treats on city sidewalks and parking lots, in parks and at large and small events and neighborhoods. "The industry has evolved quickly since its emergence, with entrepreneurial food truck operators entering the market to cater to changing consumer preferences toward gourmet offerings and unique food concepts"z. Not only is it adapting to the customer's needs but the economic constraints and trends of current times. Food trucks are able reach new customer bases and offer increased variety and convenience, which is becoming more popular with business owners and consumers leading increasingly on -the -go lifestyles5. Partnerships with food trucks and local bars, breweries or event spaces can attract new customers and lead to steadier service scheduling for vendors. Food trucks have succeeded working together in "pods" or "hubs" as seen in Portland, OR and Austin, TX as well as being the only vendor in a small community or neighborhoods. Due to the pandemic and gathering restrictions, expansion to mobile offerings via food trucks, delivery and pick-up options are now a staple for many who have transformed their work -life routines. There is absolutely a need and opportunity for food trucks as the power of their mobility is not just limited to breweries, festivals, sporting events and construction sites. They have proven to adapt quickly to the consumers need to be in the corporate and hospital parking lots and operate in the underserved communities. "A decade ago, [former Seattle] Mayor Michael McGinn and the city publicly recognized how food trucks aided the city's recovery after the 2008 recession by buoying economic growth and revitalizing neighborhood communities. Yet food trucks, and other small businesses, never seem to receive the level of support from the city that they give to it'." With its variety of dining options and entrepreneurial focus, the greater Federal Way region is uniquely positioned to establish this industry segment in the area. A collaborative approach to fees and permitting would support the growth of Food Trucks, creating not only employment opportunities but also an attraction for business and leisure travelers in the South Puget Sound. 3 FOOTNOTES & SOURCES 1 https://www.chefstore.com/about/blog/restaurant/trends/food-truck-industry-trends-in-2022- beyond/ 'https://www.ibisworld.com/united-states/market-research-reports/food-trucks-industry/ a https://www.bizjournals.com/seattle/news/2019/10/11/seattle-s-booming-economy-leads-to-the- food-truck.html 4 https://wafoodtrucks.org/facts-myths 5 https://datasmart.ash.harvard.edu/news/article/case-study-food-trucks-585 6 https://www.seatacwa.gov/home/showdocument?id=18739 https:Hseattle.eater.com/2021/9/9/22664150/seattle-food-trucks-pa ndem ic-struggles-policy-im pacts s https://www.bizjournals.com/seattle/news/2020/09/21/seattle-area-food-truck-owners-theft- vandalism.html https://www.multco.us/health/inspections-and-licensing/food-cart-requirements https://www.austintexas.gov/department/food-truck-permit-and-inspection M Attachment 3 Mobile Vending in youth King County, WA: Choosing the Right Guidelines for your Community May 2014 Prepared by Kara Martin and Tammy Morales of URBAN www.urbanfoodlink.com © Urban Food Link, LLC 2014 This material cannot be copied or reproduced without permission. Mobile Vending in South King County Intro A food truck craze has swept the nation and many cities are looking at their codes to address the unique impacts and uses of the increasing number of "restaurants on wheels." Mobile food operators need to understand the regulatory requirements of the various jurisdictions in which they operate. Meanwhile, brick and mortar restaurants are concerned about the potential competition this growing business sector may be creating. In an effort to clarify what these local mobile businesses are allowed to do and what is prohibited in each city, Urban Food Link has surveyed south King County cities to provide insight on how each city regulates mobile vendors, and what it would take for them to operate in more than one jurisdiction. In addition we have highlighted points your jurisdiction may consider in future mobile vending code amendments. The Current Regulatory Environment In spring 2013 there were 360 mobile vendors (this includes food carts and food trucks) in King County operating with an approved Public Health — Seattle & King County food establishment permit. This was a 25% increase from the previous year. With the increasing number of mobile vendors, cities may be finding their municipal code does not adequately address the impact and uses of mobile vending. Mobile vending regulations across south King County jurisdictions vary in what is permitted or prohibited. Our review of the regulatory code focused primarily on: 1) where mobile vendors are allowed or prohibited and 2) the operation standards with which they must comply (i.e. distance from schools or duration of operation in right-of-way). We completed a review of regulations through an online survey conducted in the summer of 2013, as well as a scan of each jurisdiction's code through key word searches (e.g. vending, mobile vendor, food truck, sidewalk cart, etc.) to identify relevant code. South King County cities vary on whether or not mobile vendors are allowed, the types of mobile vendors allowed (i.e. food cart vs. food truck) and whether a use permit is required. Mobile vending is typically limited to non-residential zones and many of the cities that allow mobile vending require a use permit. As seen in Table i below, cities that allow mobile vending typically allow on right-of-ways or public lands as well as on private lands. However, some cities allow mobile vending operations solely on private lands and explicitly do not allow in the right-of-way (e.g. Renton and Tukwila). Urban Fond Link, LLC Page 2 Mobile Vending in South King County Table 1: South King County Cities Mobile Vending Regulations Algona "Mobile vending" keywords not specified in code. Auburn Sidewalk vending (i.e. food carts) "Mobile vending" keywords not allowed —use permit required. specified in code. Black Diamond "Mobile vending" keywords not specified in code. Burien Vendor carts allowed —use permit required Vendor carts allowed —use permit required Covington "Mobile vending" keywords not specified in code. Des Moines Allowed —use permit required Allowed —use permit required Enumclaw Federal Way Allowed —use permit required Allowed —use permit required Allowed —use permit required Allowed —use permit required Kent Sidewalk vending (i.e. food carts) allowed —use permit required. "Mobile vending" keywords not specified in code. Maple Valley "Mobile vending" keywords not specified in code. Normandy Park Not allowed Not allowed Pacific "Mobile vending" keywords not specified in code. Renton Not allowed Allowed —use permit required SeaTac Not allowed Not allowed Tukwila Not allowed Allowed Unincorporated King County Allowed —no permit required to operate Allowed —no permit required to operate Relevant code is typically found in the "right-of-way" section or in the "temporary use" permit standards section. For several cities the code is silent in regards to mobile vending (see Table 1). In other cases, the code references more traditional forms of mobile vending such as ice cream trucks and sidewalk carts. The cities of Des Moines,' Enumclaw,z and Federal Way3 have code ' See City of Des Moines' Chapter §.57 Mobile and iterantVarTdor Codg and arpolication packet. Urban food Link, LLC Page 3 Mobile Vending in South King County sections specific to mobile vending standards. Des Moines and Enumclaw also provide mobile vending application packets with useful information. City of Des Moines has a robust mobile food vending code that was adopted in 1999. Chapter 5.57: Mobile and Itinerant Vendor Code distinguishes between "mobile" vendors (who operate in the right-of-way) and "stationary' vendors (who operate on private or publically owned land, but not the right-of-way). Each has to conform to a set of standards and must have a special use license to operate. For example, "mobile vendors" have geographic restrictions that prohibit locating within 400 feet of public or private school grounds during operation and within 300 feet from the entrance of an establishment (i.e. restaurant) offering a similar product. Considerations Each city must weigh the potential pros and cons of mobile vending in their community, taking into account the preferences of all stakeholders. To do this, many cities throughout the country have recently updated their mobile vending code through soliciting input from potential food vendors, restaurant owners, chambers of commerce, and residents. The National League of Cities' Food on Wheels: Mobile Vending Goes Mainstream report offers best practices and recommendations for how cities can regulate the potential impacts of food trucks while also supporting this business sector that creates opportunities for self-sufficiency and upward mobility. We reviewed this study along with other reports (see Resources section) and this report highlights the key factors a city should consider and provides case studies of what cities have done: The following section discusses the economic development, zoning and operating standards and other regulatory agencies to consider. Economic development considerations Regulations can enhance economic development or create barriers for market entry. There is some concern that mobile vendors have a competitive advantage over brick and mortar restaurants. Brick and mortar restaurant owners argue that food trucks have an unfair advantage because of their mobility. In reality, the mobility comes with several disadvantages for the truck operators: ■ Food trucks do not have a fixed location, which is a source of stability for restaurants. It is easier to build a customer base when the customer can always be sure where the business is located. • Food trucks are completely at the mercy of the weather. If it is raining, snowing or extremely hot, people will be far less inclined to stand in line at a food truck. • Food trucks cannot offer seating and table service for their customers. • Food trucks have extremely small kitchens that are likely to hold less inventory than restaurant kitchens; this means that food trucks can sell less food and must have a smaller menu. • Food trucks typically have a shorter span of service hours. For example, once a food truck finds a parking space, it can take 30 minutes for set-up, and a similar amount of time to clean and 2 See City of Enumc1a%1As _ ia.nler 5_G4 Sn]isiltnj� and NI4biie Venders and :g'iokat!Ot! Yaekht. 3 See City of Federal Way's hal:lter 19.275.070 food tri-AsIrarts. Urban Food Link, LLC Page 4 Mobile Vending in South King County pack up after the meal service is over. IR Food trucks, unlike restaurants, can, and often do, break down. Until repairs are made, the truck cannot serve customers, employees miss out on their shifts and the food in the commissary refrigerator may spoil. M A liquor license is a big moneymaker for restaurants, but food trucks are usually unable to obtain that license under local and state laws because they do not meet the requirement of having a fixed location. Food trucks do offer another dining option, but this may not warrant interference with the market. Diners who are looking for a casual, on -the -go dining experience will buy from a food truck or a fast food restaurant. Sit down restaurants offer a different kind of experience and are not a substitute. Food truck operators and food truck fans believe that brick -and -mortar business and food trucks can co-exist4 Food trucks provide jobs and can serve as incubators for new. restaurants. Several restaurants in the Seattle.area got their start as food trucks. Chefs who had a great concept launched food trucks to -bring their cuisine to customers. This allowed them to refine their products in the food truck business, then accumulate enough capital to launch their own restaurants. In 2007, Chef Josh Henderson started serving classic American food, but with a gourmet twist, out of an Airstream trailer called Skillet Skillet quickly became popular, in large part because of the delicious bacon jam in its gourmet burgers. In 2011, Josh opened up the Skillet Diner in the Capitol Hill neighborhood, and his business now includes catering and selling its bacon jam through retailers all over the country. He now employs almost 700 peoples Food trucks can increase activity in struggling commercial areas. According to the Portland Business JoL11_nG vacancies often drop for office buildings that are near food carts in Portland. The real estate consulting firm Jones Lang LaSalle found that the vacancy rate for Class A office buildings near mobile vendors is 5%. By comparison, the market average is 8.3%—a considerable d ifference.6 Zoning and operating standards Cities will regulate mobile vending based on what best serves their community. Cities that have updated their zoning and operating standards address provisions such as: R Location, location, location: In addition to clarifying the zones that allow mobile vending there other location considerations. Should vendors be allowed near schools and parks? Near brick and mortar restaurants? Some jurisdictions have set restrictions on the proximity food trucks can operate in relation to specific uses such as parks, schools, and brick and mortar businesses offering similar products (e.g. restaurants). Distances typically can range from 200-400 ft. 's it I i-rnr.+�nnst!'?�33�1$76�5n1iar��i-�rs�cks-vs-tcst�urnu-an �r,�petilion s !.11 inLll1 OW6%rdnt-tts'Create-mote-iob--- Cree-the-food-[nick; �1�rip�li�+ltnRv}^iziajarnals.eanz�_arElrrk:cllk�fn ireai•esta[e-flail l��)l�li.'. Fr.�utJ-c.�s-fl-tiuile�;rrna-ar•,n•e!I-as.ftir; � . t _ i' Urban Food Link, LLC Page 5 Mobile Vending in South King County a Types of mobile vending units. Food trucks are only one type of mobile vendor. Providing definitions on the different types can help clarify where each type is allowed and with what operating standards. For example, the planning department of Fort Collins, Colorado identified six types of outdoor vendors in addition to a temporary events license (also see sidebox on page 7). They include:' • Mobile Food Truck: A motorized wheeled vehicle or towed wheeled vehicle designed and equipped to serve food. This includes food cooked and prepared for vending and commissary -prepared, ready -to -eat or packaged foods in individual servings. Only food and non-alcoholic beverages allowed. • Neighborhood Mobile Food Vendor: A mobile food truck or pushcart licensed for the sale of only commissary -prepared, ready -to -eat or packaged food in individual servings in locations on streets that are in neighborhood zone districts. Only food and non-alcoholic beverages allowed. • Outdoor Vendor of Miscellaneous Goods and Services: Offers miscellaneous goods or services to the public on private property from an outdoor location regardless of whether a fee is charged. (Christmas tree sales, pumpkin patches, windshield repair, temporary car washes, etc.) • Outdoor Vendor of Transportation Services: Valet parking services, pedal -powered vehicles, horse-drawn carriages or other means of transportation service offered for hire from an outdoor location regardless of whether a fee is charged. • Pushcart: Mobile vending cart, pushcart or trailer that is not -motorized or attached to a vehicle for towing, and that does not exceed ten feet in length, four feet in width, or eight feet in height. This includes food cooked and prepared for vending and commissary - prepared, ready to eat or packaged food in individual servings. Only food and non-alcoholic beverages allowed. • Special Vending License: Issued to a person responsible for an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special event permit. (.Corporate event, anniversary celebration) Limited to four such licenses in a calendar year not to exceed three days per license. ■ Number of units in one location: Cities vary in their approach to allowing multiple units to locate next to each other. Examples include: limits on the number of trucks allowed to co -locate on an on -going basis, restrictions on where co -location is allowed (i.e. private property vs. right- of-way), limited permitted days per year for special events such as "Food Truck Rodeos! * Duration and hours of operation: Some cities have set a maximum amount of time (e.g. 4 hours) a mobile vendor can operate from a single location in the right-of-way. It's important to consider the time mobile vendors need for set-up and clean-up. If the time is too restrictive, it may not be worth the vendor's time (and money). In addition, some cities have set restrictions on times a vendor can operate (e.g. not allowed to operate from 3 a.m. to 7 a.m.). r tt :1lr: -- Urban Food Link, LLC iou Wooryendon.ph© Page 6 Mobile Vending in South King County IN Public safety standards: Safety standards include preventing obstructed passageways and serving customers from street side of the unit. N Signage. Food truck operators often use the unit itself to function as one big sign with colorful graphics. Social media (e.g. Twitter) is also used to draw a customer base. El Additional amenities: Standards may also specify a garbage receptacle is required and restrict or allow chairs and tables for customers. Other Regulatory Agencies Similar to other food businesses, food trucks must comply with other regulatory agencies. A basic understanding of these regulations can provide guidance at the municipal level and, potentially, improve the vendor's ability to comply with all regulatory agencies, including: M Public Health — Seattle & King County regulations pertain to food safety standards. Mobile vendors fall into two classifications, each having their set of requirements that must be met. They are: • Occupied mobile food unit —"unit where the workers will be inside of the unit, such as an enclosed truck or trailer." ■ Unoccupied mobile food unit —"unit where the workers will be outside of the unit, such as a push cart of trailer."e Fort Collins, CO (population 148,612) In 2012 the City of Fort Collins had food truck entrepreneurs calling their permit counter to get licensed to operate. However, like many other cities across the country, the code was out-of-date and had significant restrictions for operating a food trucks. The planning department began extensive community engagement with the many stakeholders (e.g. food truck vendors, brick -and - mortar restaurants and the general public) that ultimately guided the adoption of a new ordinance adopted a year later (originally the department anticipated the revision would take three months). Key components to Fort Collin's outdoor vendor ordinance include providing clear definitions for the different types of mobile vendors (see page 6), and standards on where and what is allowed in the right-of-way as well as public property. The City is in the process of revising the code to address how many and how often food trucks can operate in one location. Currently, the City allows four vendors to locate next to one another and up to eight vendors for events, which are allowed four times a year. The City is considering increasing the number of food trucks that can co -locate and the necessary standards to mitigate impacts. While the planning staff initially recommended a minimum distance be set from how close a food truck can locate near a brick -and -mortar restaurant, the City Council determined that protecting select businesses from competition is not a proper role of government. The city planner interviewed for this report shared there has been very minimal complaints from the restaurant community since the ordinance was adopted. Several of their requirements intersect with land use regulations. The health department requires mobile vendors to: I ` e Public Health:_ Seattle & King County 2014 Mobile Food Unit Plan Review and Permitting Guide. Available at Iltii}:2,www j; iiL' LIB,Y.tiC1V�n>vdltll58!'�3.ejlheaith.'ehslfaa7>::caf,v�jelroydRu.slnesslimnhile:a5ps. .L Urban Foad Link, LLC Page 7 Mobile Vending in South King County F-_ ■ use a Public Health approved commissary kitchen to prep and store food, and clean equipment. These permanent facilities are used for handling waste, both solid and water. A mobile vendor must use a commissary kitchen located in King County. ■ provide a "Use of Restroom Agreement" verifying they have access to a restroom for employees that is located within 200 feet of the unit's operation. ■ provide the unit's route(s) and/or site(s). M Washington State Labor & Industries govern the safety of mobile unit's body and frame along with the installation of plumbing, electric and heating equipment. Food trucks must have the L & I inspection and approval prior to submitting for a public health plan review? Summary This report highlights some of the key components for developing a mobile vending ordinance that meets the needs and interests of your community. Without clear zoning and operating standards, businesses are challenged to comply with the regulations and city staff are unable to sufficiently inform the public and enforce code. Rather than highlight "model" ordinances, this report provides the economic development arguments for supporting food trucks, and shares regulatory provisions needed to better equip a city in determining their next steps in adopting mobile vendor guidelines. Resources: Arroyo, Rodney and Bahm, Jill. Food Truck Feeding Frenzy: Making Sense of Mobile Food Vending. American Planning Association Zoning Practice, September 2073. City of Fort Collins (CO). Outdoor Vendors Handbook and Ordinance 58. Available at _I u:llwww.fcgov.comfsafest��r;!(}u�iJiC��_ui?nCi[1:=:.,i__�_:�. Frommer, Robert, and Gall, Bert. Food -Truck Freedom: How to Build Better Food -Truck Laws in Your City. Institute for Justice, November 2011. Available at .:_u:r`r'l .=w.ii.�, �Ifnad-truck-freuc_„s. National League of Cities. FOOD ON WHEELS: Mobile Vending Goes Mainstream. 2013. Available at I,rtp:llwww.nlc.areEJDocumerts�Fin&o20CityD1n20Sn1u lions/Researchl,' 201n novatinnJEconomir':Q20 Devr:1ornrnentlFoo(ITruckReport20Y13 Final 9-26.pdf. www.urbanfoodlink.com 9 See V.1ishii,;;i::ir State Labor & Industries info on conversion of mobile unit and the application materials at Urbai, l ::<<::cl Link, LLC Page 8 ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to various amendments to Title 19 (Zoning and Development); amending FWRC 19.05.130 Definitions; repealing FWRC 19.275.070; and adding new sections 19.210.080, 19.215.160, 19.220.150, 19.225.150, 190.230.170, 19.235.130, and 19.240.190; and adding a new Chapter 19.290 FWRC including sections 12.290.010, 12.290.020, 12.290.030, 12.290.040, 12.290.050, 12.290.060, 12.290.070, 12.290.080 (Amending Ordinance Nos. 94-209, 97-291, 09-593, 09-610, 12-716, 15- 797,18-844, 18-850, 22-932) WHEREAS, the City recognizes the need to periodically modify Title 19 and various other codes of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law; codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City's zoning code currently regulates most food trucks and other mobile vendors under a broad category of "temporary uses" in FWRC 19.275; and WHEREAS, the City's zoning code lacks a definition for food trucks and/or other types of mobile vendors; and WHEREAS, Federal Way's temporary use requirements are not appropriately scaled or calibrated to the varied ways that food trucks and other mobile vendors operate compared to other temporary uses, and the temporary use requirements lack sufficient clarity and flexibility to address the unique permitting challenges of food trucks and other mobile vendors; and Ordinance No. 23- Page I of 22 WHEREAS, State agencies received a 60-day notice of the proposed amendments on September 27, 2022; and WHEREAS, this ordinance, containing amendments to development regulations within FWRC Title 19, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the- proposed various code amendments on September 16, 2022. Three public comments were received prior to the start of the DNS comment period, and one public comment letter was received during the DNS comment period; and WHEREAS, the DNS was finalized on September 30, 2022; no appeals were filed and the appeal period expired on October 21, 2022; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on February 6, 2023, and recommended adoption of the proposed food truck and mobile vendor code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finding . 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. Ordinance No. 23- Page 2 of 22 (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP3: Use design guidelines and performance standards to create attractive and desirable commercial, office and commercial/residential mixed -use developments. LUP4: Maximize efficiency of the development review process. Ordinance No. 23- Page 3 of 22 LUP6: Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUG3: Preserve and protect Federal Way's single-family neighborhoods. EDG1: Promote and create a sustainable, diversified and globally focused economy. EDP2: Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDP10: Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they clarify and properly scale and calibrate permitting processes for mobile vendors and ensure that all mobile vendors are subject to and reviewed for the same minimum code requirements. They also establish performance standards that are specific to the unique operations of mobile vending rather than relying on performance standards generally applicable to all temporary uses. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will increase the consistency with which mobile vendors are permitted; reduce the likelihood that mobile vendors will operate in Federal Way without knowing or being subject to minimum standards that protect public health, safety, welfare and quality of life; and ensure that mobile vendors that operate temporarily in Federal Way are subject to a review process properly scaled to the potential impact the mobile vendor will have at any given location. Ordinance No. 23- Page 4 of 22 Section 3. FWRC 19.05.130 is hereby amended as follows: 19.05.130 M definitions. "Maintenance, " for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. "Major transit stop " means a stop on a high capacity transportation system; commuter rail stops; stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays. "Manufactured home " means a factory -built structure transportable in one or more sections - which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production " means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general, " means establishments typically manufacturing and producing for the wholesale market. Ordinance No. 23- Page 5 of '22 (2) "Manufacturing and production, limited, " means retail establishments engaged in the small- scale manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle -making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, micro -breweries, and beverage bottlers. "Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "Micro -brewery, " "micro -distillery, " or "micro -winery" means a small-scale "brewery" limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale "distillery" Ordinance No. 23- Page 6 of 22 limited to production of less than 7,600 nine -liter cases per year (65,000 liters), or small-scale "winery" limited to production of less than 3,000 cases per year (495 gallons), respectively. "Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length. A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. "Mixed -use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Mobile food or retail vendor" means an unaffixed food or retail establishment on wheels, primarily selling goods, food or beverages. which is readily_ moveable either through self - propulsion or via towing by vehicle and ❑ erates on a previously existing improved propeq3L Mobile food or retail vendors do not include mobile or temporary health services. There are the followin types of mobile food or retail vendors: (1) " A.1obile food or retail vendor, "Class T' means a mobile food or retail vendor that operates on a particular improved property for no more than a single day each calendar month. and no more than 15 hours during that day. (2) "Mobile food or retail vendor, "Class II" means a mobile food or retail vendor that does not qualify as a Class I mobile food or retail vendor and operates on a particular improved property for no more than 180 days in a calendar ,year. Ordinance No. 23- Page 7 of 22 (3) "Mobile Mod or retail vendor, "Class 111" means a mobile food or retail vendor that operates on a particular improved property but does not otherwise qualify as either a Class I or II mobile food or retail vendor. "Mobile or temporary health services" means_ any_ motor vehicle or non -permanent structure used to provide health care services. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple -story building" means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. "Multi -tenant complex" means a complex containing two or more uses or businesses. "Multi -use complex" means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi -use complex. "Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 4. FWRC 19.275.020 is hereby amended to read as follows: "Temporary uses" means all uses of a short-term nature or fixed duration, which do not require permanent construction and which are approved with a specific time limit. The following categories of temporary uses are established: Ordinance No. 23-. Page 8 of 22 (1) Class I temporary uses are temporary uses, such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers' markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; outdoor sales, swap meets; temporary stands for the sale of items such as food, toys, jewelry, goods, art and crafts, and firewood; ; and similar uses of a temporary or transitory nature or fixed duration as determined by the director. (2) Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary nature. Section 5. FWRC 19.275.070 is hereby repealed in its entirety. Section 6. A new section FWRC 19.210.080 is hereby added to Chapter 19.210 of the Federal Way Revised Code to read as follows: 19.210.080 Mobile food or retail vendors. The following uses shall be permitted in the professional office (PO)- zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN. across for R1 GULKNONS Minimums �(�NE licawred Yards �� tir;re u;red PC) REGULATIONS Review Lot I IeiJtt of p4rking Process Size G Side Rpa tructure aces SPECIAL REGULATIONS AND NOTES Ordinance No. 23- Page 9 of 22 Mobile Food or Retail Use None 5 ft 5 ft 5 It 15 It 2 1. Class III mobile food or retail Vendor. Class Ill Process] vendors that are the principal use or with on a property are_subiect to See note 1 SEPA) requirements ofihis use table, Use additinn to Chzpter 19.29.0 Process FWRC. Class III mobile food or III retail vendors that are not the princil2al use gri a P roe are not subject to the requirements of this use iahle. but are subject to tite requirements of Chapter 19.290 FWRC. For other information about parkins and parking areas. sce Chanter 19.130 F WRL'. For details of what may exceed this heialtt limit. see FWRC 101 MOO el seq: For details reaardingrcquired vards, We FWRC 19.125 160 el Section 7. A new section 19.215.060 is hereby added to Chapter 19.215 of the Federal Way Revised Code to read as follows: 19.215.160 Mobile food or retail vendors. The following uses shall be permitted in the neighborhood business (BN) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART DTREC']1QNS7 FIRST. rend dawn to find use ... THEN. across for REGULATIONS Reauired Minimums Required ZONE BN RCauired Wards jFront 'Side :each RearStructure USE REGULATIONS Review Process Lot Size Heieht of Pa ki 'Spaces SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use None 5 ft 5 ft 5 ft 15 ft 2 1. Class Ill mobile food or retail vendors that are the principaI use oil a prrrpct' ' Vendor, Class Ill Process] or with are subject to requirements of this use table in addition to Chapter 19.290 See note 1 SEPA) FWRC. Class H] mobile food or retail Use vendors that are not the principal use: an Process a property are not subject to the III requirements of this use table. bul ar_e Ordinance No. 23- Page 10 of 22 TV subject to the requirements of Chapter 19.290 FWRC. For other inrormation about parkin parking areas. see Chapter 19.DO FWRC. For details of what may exceed this lie ieht limit. see FWRC 19,110.050 et �M- For details reaardina required yards, see FWRC 19.125,160 et seq. Section 8. A new section 19.220.150 is hereby added to Chapter 19.220 of the Federal Way Revised Code to read as follows: 19.220.150 Mobile food or retail vendors. The following uses shall be permitted in the community business _(BC)zone subject to the regulations and notes set forth in this section: DIREL' QNS; FIRS read down la find use ... THEN. acrinss for REQ I_ATJQNS Minimums Required. Regzircd Yards ReviewLot USE REGULATIONS Process Size =root side each teat Mobile Food or Retail Use Process] None 5 ft 5 ft 5 ft Vendor. Class ill or with See note I SEPA Use Process III V are described iii ZONE SPECIAL REGULATIONS AND NOTES 1. Class III mobile food or retail vendors that are the principal use on a ro erl� are subject to requirements o_ fthis use table in addition to Chanter 19.29 FWRC. Class III mobile food or retail vendors that.are not the principal use on a property are not subject to the requirements of this use table. but arc suhjcet to the requirements of Chanter 19.290 FWRC. I • o r other information about parkina and )ark int _ar_ea_s, see Chapter I9_ l30 FWRC. Ordinance No. 23- Page 11 of 22 For details of what mgy exceed tlti� height limit. scc FWRC 19.1 [Q.M et Sec .. For details reeardina mgidred yards. see FWRC I9.125.160 et sea. Section 9. A new section 19.225.150 is hereby added to Chapter 19.225 of the Federal Way Revised Code to read as follows: 19.225.150 Mobile food or retail vendors. The following uses shall be permitted in the city center core (CC-C) zone subject to the rep-ulations and notes set forth in this section: USE ZONE CHART D[RE(`TIONS= FIRST. read down m find use_._.-I'HENaaross for REGULATIONS Re uire Minimums Re aired ZONE CC_C Required Yards Review Process 1=ront side each Rear USE REGULATIONS Lot Size ei«ht of Structure Parking ;Spaces SPECIAL REGULATIONS AND NOTES Mobile Food or Retail Use Process 1 None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or retail vendors Vendor. Class Ill that are.thc principal use on a jmgerty_ or with are subiect.ta requirements of this use table in addition to Chapter P) see note 1 SEPA) FWRC. Class III mobile food or retail Use vendors that are not the principal me on Process aprouerty are not subject to the ]II reuuiremer�ts of this use table but are subieet to the reouirements of Chapter 19.290 FWRC. For other information about parking an4 Process I. 11. 111 a td V e - gibed i ar •ins areas. see Chapter 19.130 Chanter 19.55 FWRC. FWRC. ha ter 1960.FWRC, ha ter 1965..FWRC. Cho fir 19.70 FW IZ ` respectivrly. For details ofhnt may exceed this height limit. see FWRC 19.1 10.050 ct seMc . For details re rdiiis reaired yards. sci FWRC M1 25-1.60 et seq Ordinance No. 23- Page 12 of 22 Section 10. A new section 19.230.170 is hereby added to Chapter 19.230 of the Federal Way Revised Code to read as follows: 19.230.170 Mobile food or retail vendors. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE REGULATIONS USE ZONE CHART DIRECTIONS! FIRST. read down to find i Minimums Required Required Yards Review Lot Process Size Pront each de Reai Use None 5 ft 5 ft 5 ft Process 1 or with SEPA Use ZONE CC-F Z_ 1. Class III mobile food or retail vendors that are the principal use on a pmpertv arc suet iect to requirements of IN use table in addition to Chapter 19.290 FWRC. Class III mobile food or retail vendors that are rtat ihe_princiDal use on property are not subject to the reguirarttenis of this use table_ hut_are sub iccI to the reel uirements of Chapter 19.290 FWRC. For other infnmlation about parking an parkin= areas. see Chapter 19.130 FWRC. For details of what mar exceed this height iimiL see FWRC 19.1 10.050 et SM.. For details regarding required vards see FWRC 19.I25.160 et seq. Section 11. A new section 19.235.130 is hereby added to Chapter 19.235 of the Federal Way Revised Code to read as follows: Ordinance No. 23- Page 13 of 22 19.235.130 Mobile food or retail vendors. The following uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST_ read down to rind use THEN. across for REGULATIONS USE REGULATIONS Required Minimums uire s arkes mac ZpNE 1 SPECIAL REGULATIONS AND Lot Size Required Yards Height flf 'Structure Review Process Front ��ide each Rear NOTES Mobile Food or Retail Use Process I None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile fond or retail vendors Vendor, I 11 See note 1 that are the principal use on a propei or with SEPA) Use Process 111 are subject to requirements of this use table in addition to Chapter 19-290 FWRC. Class III mobile food or retail vendors that are not the principal use on a t}roncrtv are not subject to the irements of this use table. but are subject to the requirements of Chapter 19.290 FWRC. For other information abou1.Parkiop and i as. see Chapter 19.130 FWRC. For details of what may emceed this height limit. see FWRC 19.1 10,050 c SM.. For details regarding mquired yards, s� e FWRC 19,121160 et seg. Section 12. A new section 19.240.190 is hereby added to Chapter 19.240 of the. Federal Way Revised Code to read as follows: Ordinance No. 23- Page 14 of 22 19.240.190 Mobile food or retail vendors. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST read down to find use _ .. THEN. across for REGULATIONS Ruluired Minimums Re uired ZONE C E Required Yards Review Process (Front 'Side each (tear USE REGULATIONS Lot Size Heipht of Structure Parkin = 5naces SPECIAL REGULATIONS AND NOTES iMobile Food or Retail Use Process I None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or retail vendors Vendor Class III that are the principal use on a prauerty or with are subjca to requirements of thin s�se table in addition to Chapter 19.290 See note 1 SEPAI FWRC. Class III mobile food or retail Use vendors that are not the principaI use on Process a nronertv are not subject to Cite Ill reauircmen[s of this use table, but ere subject to the requirements of Chapter 19.290 FWRC. For other information abomt parking and LFWRC. Proce s I. Il II1 and IV re described in narking areas_ see Chanter 19.130 kie to 19.55 FWRC Chapter I q.40 FWRC. Chapter 19.65 FWRC. Chaparr 1930 FWRC respectively- For details of what may exceed this heiehl limit, see FWRC 19.110.050 et ror details regarding mguired vards. see FWRC I9.125.160 et sea. Section 13. A new Chapter 19.290, "Mobile Food and Retail Vendors," and sections 19.290.010, 19.290.020, 19.290.030, 19.290.040, 19.290.050, 19.290.060, 19.290.070, and 19.190.080, are hereby added to Title 19 of the Federal Way Revised Code, as follows: 19.290.010 Purpose. Ordinance No. 23- Page 15 of 22 The purpose of this chapter is to allow the sale of goods, food, and/or beverages front mobile food or retail vendors in a manner that is safe and compatible with surrounding uses, consistent with all relevant city codes and policies, maintains or enhances the pedestrian experience, and provides consistency, predictability, and site -flexibility for mobile food or retail vendors. 19.290.020 Applicability — relationship with other chapters. (1) This chapter establishes regulations that govern mobile vending in the city including the sale of goods, products, food, and/or beverages from mobile food or retail vendors on public or private properties. Unless exempt under FWRC 19.290.030. this chapter is applicable to all mobile food or retail vendors in the (2) Mobile food or retail vendors regulated under this clxapter shall not be subject to regulation under Chapter 19.275 FWRC, Temporary Uses. Any activities exempt from regulation under FWRC 19.290.030 may be subject to regulation under Chapter 19.275 FWRC, Temporary Uses. (3) Additional regulations may apply to mobile food or retail vendors operating on public property through a special event (Chapter 4.05 FWRC and Chapter 5.40 FWRC) and/or right of way use or activity permit (Chapter 4.25 FWRC and Chapter 4.30 FWRC). 19.290.030 Specific activities exempt from regulation. The following activities, while potentially constituting mobile food or retail_ vendors, are exempt from regulation under this chapter. Such activities may be subject to regulations found elsewhem in code, such as Chapter 19.275 FWRC, Temporary (1) Ice cream vendors that primarily stay mobile within public rights -of -way. (2) Mobile newspaper coroners. (3) Mobile lemonade stands. Ordinance No. 23- Page 16 of 22 4 Mobile stands used to sell or distribute flowers. fruit, vegetables. produce or plants jaown on the property where the mobile stand is located. (5) Delivery services where the foods, goods, or products are delivered via mobile vehicle to the customer's location; including, but not hinited to_ application -based online and on -demand food delivery services. 6 Similar uses to mobile food or retail vendors that seek tooperate on unimproved property. (7) Similar uses to mobile food or retail vendors that seek to improve or develop unimproved property as part of the siting of that use. 19.290.040 Variance from mobile food or retail vendor code. The director shall have the authority to administratively allow for departures from the numeric provisions contained in these_ regulations, provided that: 1) The variance reauest meets all criteria in FWRC 19.45.030: (2)_ Any variation is no more than 25 percent; and (3) The end result is consistent with the purpose of this chapter. 19.290.050 Permitted locations. Class I mobile food or retail vendors are allowed to overate in anv zone. (2) Class II mobile food or retail vendors are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family. (3) Class III mobile food or retail vendors which are accessory to an established use on the property are allowed in all zones in the city except for properties in single-family zones with a current principal use of single-family. Ordinance No. 23- Page 17 of 22 (4) Class III _mobile food or retail vendors which are the principal use on the property are allowed in all nonresidential zones in the [S_) Mobile food or retail vendors are allowed to operate on any public rigbt of ways in the city or city -owned property so long as the mobile food or retail vendor obtains any applicable pennit required by the Public Works and/or Police Department. Additional limitations or allowances may be included as part of such permit. 19.290.060 Review classifications and processes. (1) Business r-ggLivtration required. All mobile food or retail vendors regulated under this chapter shall obtain a business registration with the city_ and complete a supplemental checklist at the time of registration attesting to understanding of, and future comi2liance with the mobile food or retail vending regulations in FWRC 19.290.070 prior to being issued a city business license endorsement. (2) Additional revie-w; and permitting requirenaenis applicable to class III mobile food or retail vendors. In addition to the business registration requirement under FWRC 19.290.060. class III mobile food or retail vendors which are accessory to an established use on the property shall obtain a mobile food or retail vendor permit. pursuant to FWRC 19.290.080. In addition to the. business registration requirement under FWRC 19.290.060, class III mobile food or retail vendors which are the principal use on the property shall obtain approval under the use process indicated in the use chart for the applicable zone. 19.290.070 Regulations applicable to mobile food or retail vendors. Mobile food or retail vendors must operate in accordance with the following_ (1) Coin ally with all provisions of the supplerental checklist. Ordinance No. 23- Page 18 of 22 (2) Comply with the provisions of FWRC 19.290.050. 3 Operate only between the hours of 7:00 am and 10:00 pm, Monday thru Sunda • exceptions ma be granted under special event permits or right-of-way use pennits. (4) Restore the site area occupied by the mobile food or retail vendor to the original or better condition upon removal of the vending unit. (5) Provide at least one garbage and recycling container for customers. (6) Operate only on an asphalt or paved surface. unless otherwise approved through a special event permit. (7) For mobile food or retail vendors that sell food, obtain_ approval from South King Fire and Rescue; this approval may include but not limited to completingan n inspection and certification process. (8) Ensure sufficient queuing distance for customer vehicles. (9) The mobile food or retail vendor shall not: (a) Operate on an unimproved property: (b) Operate within 5ft from any property line, unless located on a public right-of-ways (c) Obstruct any drive aisles or ingress/egress within the site; (d) Obstruct a sidewalk. bicycle lane, or other pedestrian way; e Obstruct the sight distance triangles for vehicles turning in and out of a site: (f) Impede ADA access; (�:) Impede fire hydrant or lire lane access: (h) Operate on any private or public property without permission of the property owner(s): (i) S'erve as a drive -through facility for vehicles: Ordinance No. 23- Page 19 of 22 (1) Operate in a designated loading zone: (k) Remove the mobile food or retail vending unit from its wheels,or (1) Use or remove code -required parkingspaces for principal site uses. 19.290.080 Mobile food or retail vendor permit. Class III mobile food or retail vendors accessory to an established use on the property must obtain a permit in accordance with this section. 1 Decisionmaker. The director shall be the decisionmaker for mobile food or retail vendor permits. The director has the authority to add conditions to anypen-nitapproval. (2) Decision criteria. The director may approve the mobile food or retail vendor permit .only if all the following are met: a The mobile vending activity shall not be detrimental to the public health safety. and general welfare; (b) The mobile vendor shall not adversely affect adjacent properties; (c) The mobile vendor can be adequately served by public facilities and street capacities without placing an undue burden on such facilities and streets; (d) The application is compliant with all relevant city codes and policies and the supplemental checklist: and (e) The proposed property(s) or site(s) for the mobile food or retail vendor's operations are of sufficient size to accommodate the mobile vendor. (3) Application Mobile food or retail vendor permit applications_ shall be completed_on _a_form provided by the Community Develo meat Department. Application material shall include. at a minimum the following: Ordinance No. 23- Page 20 of 22 (a) Contact information for the mobile food or retail vendor, (b) A description of the nature and type of goods to be sold; (c) Proof of the mobile food or retail vending vehicle's registration with the State of Washington, if applicable: (d) Specifications of the mobile food or retail vending unit including, at a minimuin, the unit's dimensions, height and weight: (e) Site plan showing the proposed location of the mobile food or retail vendor's operations on a site; and (f) For mobile food or retail vendors that sell food or beverages, commonly called "food trucks," proof of Kin Co�y Department of Public Health approval. (4) Permit review process. Upon receipt of a complete mobile food or retail vendor application, the application will be routed to any applicable departments and agencies for review. (5) Permit duration. Permit approvals are permanent until and unless the city receives notification that there has been a renewal or change requested to the vendor's business registration and city endorsement. Section 14. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 15. 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 Ordinance No. 23- Page 21 of 22 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 16. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 17. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 22 of 22 9b COUNCIL MEETING DATE: February 21, 2023 ITEM #:_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ICONIC SIGNS CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapters 19.05 and 19.140 of the FWRC to create a provision for Iconic Signs within the City Center portion of Federal Way? COMMITTEE: Land Use & Transportation MEETING DATE: 2/6/2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report (January 23, 2023) 2. Staff Report (December 5, 2022) 3. Ordinance Options Considered: 1. Approve the proposed code amendment. 2. Allow the proposed code amendment to die in Committee. MAYOR's RECOMM EN D jVON: Option 1 MAYOR APPROVAL: [aitiaL-Data DIRECTOR APPROVAL: ini[ial;Da[e COMMITTEE RECOMMENDATION: I move to forward approval of the proposed ordinance to First Reading on February 21 mmitt Ch tee M er Committee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCLV-"(2/21/23): "I MOVE TO FORWARD APPROVAL OF THE PROPOSED ORDINANCE TO THE 317123 COUNCIL MEETING FOR ENACTMENT. " SECOND READING OF ORDINANCE (3/7/23): ` I MOVE APPROVAL OF THE PROPOSED ORDINANCE. BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 23 January 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Vim, Keith Niven, CD Director` SUBJECT: Iconic Signs Financial Impacts: There are no Financial Impacts to consider. Background Information: The proposed Ordinance to adopt new regulations into Title 19 for Iconic Signs was remanded by the City Council to the Land Use & Transportation Committee on 3 January 2023. The Council comments included the following: 1. Consider making the process a UP IV (Hearing Examiner decision) 2. Limit to Downtown only 3. No free-standing signs, limit to building only A_ntaroval Process By increasing the proposed process from a UP (Use Process) III to a UP IV, the Council would be indicating these decisions for sings should include a hearing conducted by the Hearing Examiner. Staff response: This adjustment would add time and cost to the process, but would create a formality to the process that would give either the public or nearby businesses a venue to express their concerns. Either UP III or UP IV is a viable outcome. Downtown "Downtown" is being defined in code as a sub -geography of the City Center. The original proposal was for the proposed code to be applied to the City Center Core only. This would be approximately 202 acres. By limiting the applicability of the code to the Downtown, the number of acres would be reduced to approximately 192 acres. Staff response: This proposed code is intended to allow for Iconic signs to be permitted in a distinct part of the City as a way to help identify that portion of the City to residents and visitors. If the Council has concern over the outcomes of adopting this code language, limiting it to a smaller number of properties would reduce the number of iconic signs built in the City. However, the difference between the CC-C zone and Downtown (approximately 10 acres), does not provide much of a reduction. Building only Rev. 6/2020 Page 2 The proposed code amendments would allow for both building -mounted signage as well as free- standing signs. By limiting the signs to building -mounted signs, the number of signs and the scale of those signs would be reduced. Staff response: Part of the allure of the iconic sign is its ability to grab your attention from the adjacent street. Concern was raised by the Council that this code would result in ugly pole signs, similar to the ones that used to litter Pacific Highway. The reason pole signs were prevalent and are now not allowed by code is because they represented the cheapest, free-standing sign a business could get. The proposed approval criteria written in to the iconic sign code would not allow a cheap pole sign to be permitted. CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Iconic Signs Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: Planning staff are working on a number of code amendments for the CC-C zone (2023 Comprehensive Plan Amendment). These code amendments are aimed at helping to ensure that when the area redevelops, it will redevelop in a way that supports the goals and visions for downtown Federal Way — that of a dense, walkable, and memorable heart of the city. There are a number of ways to improve the likelihood the development of the City Center parcels achieves this goal. These include: 1) ensuring new building are built at a density that supports non -motorized mobility; 2) providing additional urban design provisions in the code to ensure the development that does occur is supportive of the social public realm intended for the City Center. The Iconic Signs code amendments will allow for certain signs to be permitted that will help provide a memorable experience when viewing or visiting the City Center area. Proposed Code Amendments (Purpose): The proposed code amendments would create an allowance for Iconic Signs within the City Center of Federal Way. The iconic sign provision is intended to create a process whereby a proposed sign can be permitted when it does not meet the dimensional or other standards of the sign code, but, through design and artistic expression unrelated to its message, it is culturally significant to the community or region, and is expected to serve a placemaking function either upon completion or with the passage of time. Procedural Summary: The procedure followed for making this amendment is shown below: 8/12/22: Public Notice of SEPA Decision published and posted (website) 8/12/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 8/26/22: End of SEPA Comment Period 9/16/22: End of SEPA Appeal Period 11/2/22: Public Hearing 12/5/22: LUTC Council Committee 1/3/23: City Council 1st Reading 1/17/23: City Council 2nd Reading Rev. 6/2020 December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 2 Planninp, Commission Recommendation: The Planning Commission conducted Public Hearings on November 2, 2022. There were no comments from the public received regarding this proposed code amendment. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwards the proposed code changes to the City Council with a recommendation for approval. Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG5 Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. December 5, 2022 Land Use and Transportation Committee Iconic Signs Code Amendments Page 3 3. The proposed amendments are in the best interest of the residents of the city. The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. Mayor's Recommendation: Based on the recommendation from the Planning Commission, above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC 19 (Zoning and Development) relating to Iconic Signs be recommended for approval. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to iconic signs; amending FWRC 19.05.190, and adding a new Section FWRC 19.140.135. (Amending Ordinance Nos. 08-585, 09-593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has identified an opportunity to introduce a new sign type for the City Center that would provide opportunities to support and enhance local culture and serve a placemaking function; and WHEREAS, State agencies received 60-day notice of the proposed amendments on August 4, 2022; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 12, 2022, no comments were received and the DNS was finalized on September 16, 2022, and no appeals were filed and the appeal period has expired; and Ordinance No. 23- Page 1 of 23 WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022; and, forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on December 5, 2022 and February 6, 2023, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finding. 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 ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Ordinance No. 23- Page 2 of 23 Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCGS Focus on improving the existing character and image of the City Center. CCP2 Develop an attractive City Center that will attract quality development. EDP29 Encourage redevelopment of the City Center. EDP32 Continue to implement high -quality urban design standards for these areas (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the proposed FWRC text amendments do not limit the rights of property owners as they will offer increased opportunities for signs within the City Center. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they support the goals and policies found in the Comprehensive Plan to create a dynamic City Center. The proposed text amendments allow the city to legally regulate a new provision of signs to ensure they meet the intent for their incorporation into the City as an asset to the City Center. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Ordinance No. 23- Page 3 of 23 Section 3. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post -secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business -related, or trade in nature. "Secondhand merchandise " means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points " means a common point of vehicle access from a street to more than one lot or use. "Sight line " means the line of vision from a person to a place or building. "Sign" means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Ordinance No. 23- Page 4 of 23 Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of "signs": (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi -tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be Ordinance No. 23- Page 5 of 23 for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") II I-Drnaso,al Vow oe vim. Figure 1 — Awning or Canopy Sign (5) "Banner" means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off -site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building -mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and projecting signs. (8) "Cabinet sign " means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. ,;S,- I ;;,- Ordinance No. 23- Page 6 of 23 Figure 2 — Cabinet Sign (9) "Canopy sign" means the same as "awning sign." (10) "Center identification sign" means a building -mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on -site, " means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. Ordinance No. 23- Page 7 of 23 (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign " means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Figure 3 — Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground. (20) "Government sign " means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, Ordinance No. 23- Page 8 of 23 directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Iconic sign" means a sin containing exclusively commercial messages that. through design and artistic expression unrelated to its message. is culturally significant to the region or community, and will serve a placemaking function either upon completion or with the passage of time. 22 "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (223) "Integral sign" means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (244) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (245) "Marquee sign " means any sign attached to or supported by a marquee, which is a permanent roof -like projecting structure attached to a building. (256) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive- in or drive -through restaurant. (267) "Monument sign " means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (2-78) "Identification sign " means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. Ordinance No. 23- Page 9 of 23 (299) "Identification sign (subdivision) " means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (2930) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (341) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (34 2) "Nameplate " means a nonelectric, on -premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (343) "Neon (outline tubing) sign" means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (34-3) "Nonconforming sign " means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (345) "Obsolete sign " means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (3-56) "Off -site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (367) "On -site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs Ordinance No. 23- Page 10 of '23 indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (3-8) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) (399) "Point ofpurchase display or sign" means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (�940) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (401) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (44-2) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. Ordinance No. 23- Page 11 of 23 (423) "Pre -opening sign " means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (4-34) "Private advertising sign " means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (454) "Private notice sign " means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or ".beware of dog." (47�6) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Figure 4 — Projecting Sign Ordinance No. 23- Page 12 of 23 (467) "Real estate, on -site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (4-78) "Roof sign " means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (4,99) "Snipe sign " means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (4�50) "Temporary sign " means a sign not constructed or intended for long-term use. (501) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (542) "Time and temperature sign " means any sign that displays the current time and temperature, without any commercial message. (5-23) "Under -canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (5-34) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (545) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. Ordinance No. 23- Page 13 of 23 (5-56) "Warning sign " means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (567) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. Ordinance No. 23- Page 14 of 23 G+r+o+c+e+r+y - Sign Area HEATER ` ® IW VIDEO SHOES W DELI [s xx ( b"+c+d+e ) = Sign Area -Figure 5 — Calculating Sign Area "Sign face " means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker " means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration " means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. Ordinance No. 23- Page 15 of 23 "Single -use building" means a building which contains one use. "Site" means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Spa " means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Specified anatomical areas " shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities " shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act" means Chapter 43.21 C RCW. "Storm drainage " means the movement of water, due to precipitation, either surficially or subsurficially. Ordinance No. 23- Page 16 of '23 "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream " means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, "normal rainfall" is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle -Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the Ordinance No. 23- Page 17 of 23 uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streambank stabilization " means treatments used to stabilize and protect banks of streams from erosion. "Street" means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi -use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Ordinance No. 23- Page 18 of 23 "Streetscape " means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street -facing building facades. "Streetscape amenities" means pedestrian -oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration " means any change in the supporting member of a building or structure. "Structure " means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above or below grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure " means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. Ordinance No. 23- Page 19 of 23 (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 4. Chapter 19.140 of the Federal Way Revised Code is hereby amended to add a new section 19.140.135 to read as follows: 19.140.135 Iconic suns. (1) Scope. This section establishes the procedure and criteria the city will use in deciding upon a ermit a lication for an iconic sign. 2 Required revicgv process. A 12ermit application for an iconic sign shall be reviewed and qpproved in accordance with this chapter, except that the criteria for approval shall be exclusively those set forth in this section. No variance to any of the provisions of this section niay be granted. Unless expressly stated otherwise, any iconic sign permit shall run with the land and shall not automatically terminate upon sale or transfer of the property.. (3) Intent. This section is intended to create a process whereby proposed sign that does not meet the dimensional or other standards of this Code may be permitted, if, through design and artistic expression unrelated to its message. the proposed slam is culturally significant to the community or region and is expected to serve a placemaking function either upon completion or Ordinance No. 23- Page 20 of 23 with the passage of time. This provision is not intended to be a tool to vary one or more of the standards of this chapter simply to allow for a larger sign than otherwise could be obtained. L,I Criteria. The city may grant the iconic sign only if it finds all of the following_ (a)(a) The proproposed iconic sign is for a non-residential use; (b) The proposed iconic si ng is representative of a business that was founded in the city and/or region more than ?D years ago-, (c) The proposed iconic sign will be located in the city center core (CC-Q, (d) The proposed iconic sign is consistent with applicable provisions of the comprehensive plan, including the goals and/or policies of the comprehensive plan; (e) The proposed iconic sign, through design and/or artistic expression unrelated to its message, is significant to the community or region; (f) The proposed materials and/or design is representative of a particular period of construction and/or demonstrates extraordinary aesthetic quality, creativity. or innovation, (a) The proposed iconic sign is expected to serve a placemaking function either upon completion or with the passage of time. A sign serves a placemaking function when it serves a wayfinding function for the community; (h) The proposed iconic sign exhibits characteristics that enhance the streetscape and/or identity of the city center core (CC-C); and. it clearly provides a recognizable architectural style and appearance. (i) Approval of the proposed iconic sign will not arbitrarily or unreasonably result in favoritism of the proposed sign over another sign that is similarly situated in all relevant respects but for which a sign permit has been denied by the cite: Ordinance No. 23- Page 21 of 23 (j) The proposed iconic sign ] is appropriately scaled with the buildings-, (k) The proposed iconic sign does not have blinking or chasing lights: and all fluorescent lighting is baffled: (1) The proposed iconic sign will not coin promise community safety; acid, (m) The proposed iconic sign is not an off premise sign. (5) Conditions and restrictions. As part of any approval of a permit under this section, the city may impose any conditions, limitations, or restrictions it considers appropriate. The cily max also require a performance bond under FWRC 19.140.110 to ensure compliance with any such condition, limitation, or restriction. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. 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 S. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. Ordinance No. 23- Page 22 of 23 PASSED by the City Council of the City of Federal Way this day of 2023. 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. 23- Page 23 of 23