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06-20-2023 Council Packet - RegularCITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* June 20, 2023 - 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. EMERGING ISSUES AND REPORT • Red, White and Blues Festival at Celebration Park on July 4 — Parks Director John Hutton • Report on Rising from the Dust: A Community Celebration held on June 13 • Juneteenth Events: Flag Raising at City Hall on Friday, June 16 • Flag Day Celebration at the King County Aquatic Center on June 17 • Make Music Federal Way Event at Town Square Park on June 24 • Next Council Meeting Wednesday, July 5, due to holiday 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. Proclamation: Make Music Federal W b. Recognition of Municipal Court Student Art Contest Winners — Judge Larson and Judge Bales 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 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 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: June 6, 2023 Regular and Special Meeting Minutes b. Lakota Middle School Safe Routes to School - Request for Additional Funds c. Request to Transition the Housing Repair and Minor Home Programs to Third -Par Vendor(s) and Solicit Proposals d. Jail Services Interlocal Agreement - Kent City Jail e. Police Services Agreement with Commons Mall, MGP XI Commons West, LLC f. Police Services Agreement with Commons Mall, MGP XI Commons FW, LLC g. City Access Control Upgrade RFP Award h. Interlocal Agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program South Kina Housina Partners (SKHHP) 2024 Work Plan and Budget J. King County Regional Agreement Opioid Abatement Council Interlocal Agreement k. Security Services for Parks & Facilities I. Parks, Recreation, & Open Space Plan (PROS) update, Brooklake & Steel Lake Ma.tPr Plans m. Resolution: Intent to Designate the Community Business Zone a Residential Target Area for Purposes of the City's Multifamily Tax Exemption Program and Setting a Public Hearing on July 18 8. PUBLIC HEARING a. Resolution: 2024-2029 Transportation Improvement Program (TIP) Staff Report: Rick Perez, City Traffic Engineer Public Comment — 3 minutes each 9. COUNCIL BUSINESS a. Selection of Applicants to Interview for Vacant Council Position No. 2 10. ORDINANCES First Reading a. Council Bill #853/Ordinance: View Protection Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO INCORPORATING VIEW PROTECTION AS A ZONING OVERLAY AFFECTING LIMITED PROPERTIES IN THE CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES; AMENDING FWRC 19.05.150, 19.190.010, 19.190.020, 19.190.060; AND ADDING A NEW CHAPTER 19.245 FWRC, INCLUDING SECTION 19.245.010 (AMENDING ORDINANCE NOS. 90-43, 96-270, 07-559, 08-583, 08-585, 9-593, 09-597, 09-610, 12-727, 20-898). 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.cityoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 Staff Report: Keith Niven, Community Development Director Public Comment - 3 minutes each b. Council Bill #854/Ordinance: Title 18 Accessory Dwelling Unit (ADU) Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ACCESSORY DWELLING UNITS; AMENDING FWRC 18.55.040, (AMENDING ORDINANCE NOS. 90-41, 97-291, 98-309, 98-330, 01-381, 07-554, AND 09-610) Staff Report: Chaney Skadsen, Senior Planner Public Comment - 3 minutes each c. Council Bill #855/Ordinance: Title 19 Accessory Dwelling Unit (ADU) Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ACCESSORY DWELLING UNITS; AMENDING FWRC 19.05.010, 19.05.040, 19.15.020, 19.30.085, 19.95.060, 19.105.010, 19.130.240, 19.195.180, 19.200.180, 19.250.170, 19.265.010, 19.270.030; AND REPEALING FWRC 19.265.020 (AMENDING ORDINANCE NOS. 90-43, 91-87, 95-245, 95-249, 96-265, 00-375, 02-424, 06-533, 07-545, 08-585, 09-593, 09-605, 09-607, 10-651, 11-700, 12-724, 13-754, 15-804, 18-850 AND 22-932 ) Staff Report: Chaney Skadsen, Senior Planner Public Comment - 3 minutes each Second Reading/Enactment d. Council Bill #852/Ordinance: Various Code Amendments Relating to C Boards and Commissions AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO TECHNICAL CHANGES TO VARIOUS CHAPTERS OF TITLE 2 REGARDING CITY COMMISSIONS, BOARDS, AND COMMITTEES; AMENDING FWRC 2.45.020, 2.45.030, 2.45.060, 2.50.010, 2.50.030. 2.50.040, 2.50.050, 2.55.010, 2.55.020, 2.55.030, 2.55.040, 2.60.010, 2.60.040, 2.60.050, 2.60.060, 2.62.010, 2.62.030, 2.62.040, 2.62.050, 2.65.010, 2.65.030, 2.65.040, 2.65.050, 2.70.010, 2.70.020, 2.70.030, 2.75.010, 2.75.020, 2.75.050, 2.75.060, 2.80.010, 2.80.030, 2.80.050, 2.80.060, 2.80.070, 2.85.010, 2.85.020, 2.85.030, 2.85.050, 2.90.010, 2.90.020, 2.90.050, AND 2.90.060; AND REPEALING FWRC 2.45.010, 2.45.040, 2.45.070, 2.50.020, 2.60.020, 2.60.030, 2.62.020, 2.65.020, 2.70.040, 2.75.030, 2.75.040, 2.75.070, 2.80.020, 2.80.040, 2.80.080, 2.85.040, 2.90.040, AND CH. 2.57 FWRC. (Amending Ordinance Nos. 90-43, 90-72, 91-84, 91-93, 92-139, 92-141, 92-157, 93- 186, 93-203, 94-216, 95-253, 96-258, 96-272, 96-280, 96-281, 96-282, 96-283, 97-285, 98-312, 98-322, 00-366, 01-409, 03-439, 04-477, 05-501, 06-531, 09-591, 10-669, 12- 723, 12-725, 13-748, 14-765, 14-767, 14-774, 19-871, 22-939 AND 23-947). 11. COUNCIL REPORTS 12. EXECUTIVE SESSION 13. 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 CIT Federal Way PROCLAMATION "Make Music Federal Way" WHEREAS, Make Music Federal Way is a wonderful festival that celebrates the ability of everyone to make music, presented locally by the City of Federal Way, the Federal Way Lions Club, the libraries located at 320th Street and 1st Avenue South, and the Federal Way Arts Commission; and WHEREAS, Make Music Federal Way is a day of music -making in public spaces all throughout the City of Federal Way, all completely free for musicians and audiences alike; and WHEREAS, the fifth annual Make Music Federal Way events will be celebrated with pop-up events on Wednesday, June 21st and the Festival on Saturday, June 24th, 2023, inspired by local artists; and WHEREAS, Make Music Federal Way involves musicians, bands, and ensembles from a diverse array of styles and genres, creating an opportunity to unite through the language of music; and NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim June 21, 2023 as MAKE MUSIC FEDERAL WAY DAY, and encourage our community to celebrate the joyfulness that music brings by coming together on June 21st and June 24th, 2023. SIGNED, this 20th day of June, 2023. FEDERAL WAYMAYOR AND CITY COUNCIL ArAeFrell, Mayor op Linda Ko mar, Council President Susan Honda, Derpty Mayor r L e{a-©aws Cou Cilme ber Hoan V. ran, Councilmember Ja& Walsh, Councilmember Jack ey, Co cilme ber COUNCIL MEETING DATE: June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES -7a- ITEM #: POLICY QUESTION: Should the City Council approve the draft minutes for the June 6, 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 Attachments: June 6, 2023 Regular Meeting Draft Minutes June 6, 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 Committee Initial/Date N/A Council Initial/Date DEPT: Citv Clerk DIRECTOR APPROVAL: k1w"'o Initial/Dais COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S oFFmCE) 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 DRAFT Federal Way Centered on Opportunity CITY COUNCIL SPECIAL MEETING AGENDA City Hall - Council Chambers* June 6, 2023 - 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:03 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, 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. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION a. Housing Action Plan Implementation Code Amendments In response to Council discussion and questions at the last regular City Council meeting, Community Development Director Keith Niven, Community Services Manager Sarah Bridgeford, and Senior Planner Chaney Skadsen presented information regarding Housing Action Plan Implementation Code Amendments and answered Council questions. The Housing Action Plan Implementation Code Amendment is on the regular meeting for second reading and enactment. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:03 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 June 6, 2023 DRAFT CITY OF A FederalWay Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall - Council Chambers* June 6, 2023 - 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:33 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, 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. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell asked for a moment of silence to remember the recent passing of long-time community advocates Charlie Hoff and former Councilmember and Planning Commissioner Hope Elder; both will be missed. 3. MAYOR'S EMERGING ISSUES AND REPORT City Council Vacancy and Appointment Process: City Clerk Stephanie Courtney provided a report outlining the vacancy and appointment process for Council position #2 noting deadline for applications is Thursday, June 15 at 5:00 p.m. Mayor Ferrell extended congratulations to American Idol Winner lam Tongi! Recent Community Events: Mayor Ferrell reported on multiple events on May 20 including the Touch -A -Truck Event at Wild Waves; Marine Hills Swim & Tennis Club Parade; Master Na's 7'" Mayor's Cup; and MSC's Spring into Action Dinner & Auction. He noted the Island Bowl at Saghalie on May 27; the PRSC Annual General Assembly on May 30; and the Pride Flag Raising at City Hall on June 1. Other events included the ribbon cutting at Three Trees Yoga on June 1, South King County Athlete Fund Breakfast was a great event on June 3, and Federal Way Arts Explosion Gallery on June 3. Upcoming Events: Channel A TV Ribbon Cutting on June 8; Ribbon Cutting — Black Bear Diner on June 9; Rising from the Dust: A Community Celebration on June 13 at the PAEC at noon; Chamber Quarterly Update on June 14; Juneteenth Flag Raising on June 16; Flag Day Celebration on June 17; and the Make Music Federal Way on June 24 at Town Square Park. Federal Way City Council Regular Minutes Page 1 of 7 June 6, 2023 Mayor Ferrell recognized Mr. Ick Jin Kim as a true friend of Federal Way. Mr. Kim was a tremendous support with the recent Sister City trip to South Korea. He thanked him for his support as a long- standing member of the community. At 7:03 p.m. the Mayor announced the City Council will take a brief recess for a reception to honor Mr. Kim; the meeting reconvened at 7:15pm 4. PUBLIC COMMENT Felicia Wilson, Regional Library Manager for both Federal Way libraries provided an update on services, activities, and expanded hours. Sally McLean, Federal Way Public School District, read a letter from Dr. Pfeifer strongly opposing Council Bill #850 as presented. Ann Michelle Hart, representing the Federal Way Public Market, shared concerns regarding unallocated ARPA funds having to be returned to the federal government. Karen Brugato reported on a very successful Arts Explosion Event. She thanked everyone who attended, supported, or assisted with the event which had over 700 attendees. Alex Milsten advocated for better support for queer and transgender youth as well as the decriminalization of sex workers. Amy Desimone spoke in concern with a vacant house in her neighborhood that is an attractive nuisance. She asked the city for assistance in addressing the safety issue. Ron Kaler shared his views and spoke in opposition of celebrating Pride Month. Ken Blevens shared concerns about an increase of the drug addicted population in the summer months. He believes political issues should not be spread into schools. Lana Bostic wished those who celebrate a happy Pride Month and applauded the Arts Commission for the successful Arts Explosion event. She also requested Council do a land acknowledgement. McKenzie Darr, a Development Manager with Grand Peaks who has a planned development for Kits Corner, shared concerns about the impact of the parks impact fee and the school impact fees on development. Betty Taylor recognized that National Gun Violence Awareness Day was June 2. Requested a community event dedicated to gun violence awareness. Allison Fine thanked the Council for recognizing Hope Elder. She expressed concerns with the residency requirement for councilmember applicants and shared frustration with earlier public comments that were offensive. Anna Patrick wished a happy Pride Month to those who celebrate and urged the community to have more understanding and grace with one another. 5. PRESENTATIONS a. Mayoral Proclamation: Pride Month — June 2023 Federal Way City Council Regular Minutes Page 2 of 7 June 6, 2023 Mayor Ferrell read and presented the proclamation to Allison Fine, who founded Federal Way Pride in 2019, and spoke to the importance of fighting to allow everyone to live their authentic life. b. Proclamation: Juneteenth — June 19 Councilmember Lydia Assefa-Dawson invited Diversity Commissioners Trenise Rogers, Tirzah Idahosa, Shermoin Clardy, and Saudia Abdullah to the podium as she read the proclamation. The Commissioners thanked the Council for the proclamation and spoke to the importance of diversity, equity and inclusion. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh reported the next committee will be June 13. Land Use/Transportation Committee (LUTC) Councilmember Dovey reported on the committee meeting held on June 5; ADU's were discussed. The next meeting will be July 10 due to the holiday. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran thanked Council President for stepping in and conducting the meeting on his behalf. The next meeting will be June 27 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported the next meeting is June 14 at 10:00 a.m. Deputy Mayor & Regional Committees Report Deputy Mayor Honda reported on her attendance at various regional meetings including the AWC Large City Advisory and Seattle -King County Public Health. She noted upcoming events in the community including the 34t" Annual Flag Day event on June 17. Council President Report Council President Kochmar reported on various events in the community and encouraged attendance at the annual Kiwanis Salmon Bake at Steel Lake Park. She presented artwork that represents Federal Way that is being sent to Senator Murry, Senator Cantwell, and Congressman Smith. 7. CONSENT AGENDA a. Minutes: May 16, 2023 Regular and Special Meeting Minutes b. Monthly Financial Report — April 2023 c. AP Vouchers 04/15/23 — 05/15/23 & Payroll Vouchers 04/01/23 — 04/30/23 d. Microsoft Enterprise Agreement e. Purchase of Portable Handheld Radios f. King County I -Net Customer Services Contract Amendment 1 g. Tourism Enhancement Grant 2023 Round 2 — July — December 2023 h. Port of Seattle Economic Development Partnership Agreement COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A Federal Way City Council Regular Minutes Page 3 of 7 June 6, 2023 THROUGH H; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Mayor Ferrell announced the council would take a brief recess, at 8:43 p.m. the meeting was reconvened. 8. PUBLIC HEARING a. Resolution: Intent to Renew Steel Lake Management District (SLMD) Number 1/APPROVED RESO. NO. 23-840 At 8:43 p.m. Mayor Ferrell opened the public hearing regarding the Intent to Renew Steel Lake Management District (SLMD) Number 1. Water Quality Specialist Dan Sternkopf presented information on reforming the Steel Lake Management District which includes coordination between staff, residents, a Parks Department representative and other property owners on the lake. The Management District is established for a period of ten years. The petition sufficiency requirement was met. Public Comment: Margaret Rehyner spoke in support of the Management District. As a lake resident and member of the SLMD she thanked Mr. Sternkopf for all his work. Tom Dezutter spoke in support of the Management District. As a 34-year resident and member of the SLMD, he provided additional insight on the success of the program. COUNCILMEMBER DOVEY MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROSED RESOLUTION; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes 9. COUNCIL BUSINESS a. Resolution: Amendments to the 2023 Fee Schedule/APPROVED RESO. NO. 23-841 Finance Director Steve Groom provide details on the amendments proposed to the 2023 fee schedule. He noted the most significant changes were to incorporate park impact fees. Council thanked Director Groom and asked clarifying questions. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPSED RESOLUTION; SECOND BY Federal Way City Council Regular Minutes Page 4 of 7 June 6, 2023 COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes 10. ORDINANCES First Reading Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes a. Council Bill #852/Ordinance: Various Code Amendments Relating to City Boards and Commissions AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO TECHNICAL CHANGES TO VARIOUS CHAPTERS OF TITLE 2 REGARDING CITY COMMISSIONS, BOARDS, AND COMMITTEES; AMENDING FWRC 2.45.020, 2.45.030, 2.45.060, 2.50.010, 2.50.030. 2.50.040, 2.50.050, 2.55.010, 2.55.020, 2.55.030, 2.55.040, 2.60.010, 2.60.040, 2.60.050, 2.60.060, 2.62.010, 2.62.030, 2.62.040, 2.62.050, 2.65.010, 2.65.030, 2.65.040, 2.65.050, 2.70.010, 2.70.020, 2.70.030, 2.75.010, 2.75.020, 2.75.050, 2.75.060, 2.80.010, 2.80.030, 2.80.050, 2.80.060, 2.80.070, 2.85.010, 2.85.020, 2.85.030, 2.85.050, 2.90.010, 2.90.020, 2.90.050, AND 2.90.060; AND REPEALING FWRC 2.45.010, 2.45.040, 2.45.070, 2.50.020, 2.60.020, 2.60.030, 2.62.020, 2.65.020, 2.70.040, 2.75.030, 2.75.040, 2.75.070, 2.80.020, 2.80.040, 2.80.080, 2.85.040, 2.90.040, AND CHAPTER. 2.57 FWRC. (Amending Ordinance Nos. 90-43, 90-72, 91-84, 91-93, 92-139, 92-141, 92- 157, 93-186, 93-203, 94-216, 95-253, 96-258, 96-272, 96-280, 96-281, 96-282, 96-283, 97- 285, 98-312, 98-322, 00-366, 01-409, 03-439, 04-477, 05-501, 06-531, 09-591, 10-669, 12- 723, 12-725, 13-748, 14-765, 14-767, 14-774, 19-871, 22-939 AND 23-947). Assistant City Attorney Joanna Eide presented information regarding various code amendments to better align the various boards and commissions. This information as presented in greater detail at a City Council Special Meeting on May 2, 2023. Ms. Eide noted the general changes include the consolidation and reorganization of code sections, updated titles, and consistency of language. Additionally, the commission purposes and goal statements were updated; roles were clarified; and new sections regarding civility and decorum were added. Language regarding quorum and membership levels was also adjusted to reflect current practices and consistency. Council thanked Ms. Eide and asked various clarifying questions. No public comments were given. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JUNE 20, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Second Reading/Enactment b. Council Bill #848/Ordinance: Amendments to the Citv Comprehensive Plan and Parks, Recreation Open Space Plan (PROS Plan)/APPROVED ORDINANCE NO. 23-956 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY Federal Way City Council Regular Minutes Page 5 of 7 June 6, 2023 COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO INCORPORATE TWO NEW FUTURE PARKS AND TO FACILITATE ESTABLISHMENT OF A PARK IMPACT FEE. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, AND 23-954) 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 Councilmember Assefa-Dawson yes Councilmember Dovey yes Council Bill #849/Ordinance: Park Impact Fee Zoning Code Amendment/APPROVED ORDINANCE NO. 23-957 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ESTABLISHMENT OF A PARK IMPACT FEE; ADDING A NEW CHAPTER 19.92 TO TITLE 19 OF THE FEDERAL WAY REVISED CODE, INCLUDING SECTIONS 19.92.010, 19.92.020, 19.92.030, 19.92.040, 19.92.050, 19.92.060, 19.92.070, 19.92.080, 19.92.090, 19.92.100, 19.92.110, 19.92.120, 19.92.130, 19.92.140, 19.92.150, AND 19.92.160. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes d. Council Bill #850/Ordinance: Housina Action Plan ImDlementation Code Amendments/APPROVED ORDINANCE NO. 23-958 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO INCORPORATING CODE AMENDMENTS TO THE COMMUNITY BUSINESS (BC), CITY CENTER CORE (CC-C) AND CITY CENTER FRAME (CC-F) ZONES TO BOOST HOUSING PRODUCTION; AMENDING FWRC 19.95.020, 19.95.030, 19.95.040, 19.95.050, 19.110.010, 19.220.050, 19.225.070, AND 19.230.060; ADDING NEW SECTIONS FWRC 19.95.045, 19.95.047, AND 19.95.057; AND REPEALING FWRC 19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249, 96-270, 97-291, 97-293, 97- 306, 02-424, 06-515, 06-542, 07-554, 07-559, 08-585, 09-600, 10-678, 12-727, 12-735, 14- 757, 16-822, 17-834). Community Development Director Keith Niven provided an overview of the discussion at the study session earlier in the evening. The issue Council continued to discuss was in regards to the city's Inclusionary Housing Requirement. Mr. Niven provided the various options which are currently available to the Council. The Council continued to debate and provide their preference on the options presented. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE WITH THE REDUCTION OF THE PERCENTAGE OF THE REQUIRED AFFORDABLE UNITS FROM 5% TO Federal Way City Council Regular Minutes Page 6 of 7 June 6, 2023 4% ROUNDED DOWN, AND THE CHANGE IN THE DURATION OF THE AFFORDABILITY REQUIREMENT FROM `LIFE OF THE PROJECT' TO 50-YEARS; SECOND BY COUNCILMEMBER WALSH. The motion passed 4-2 (TRAN AND Assefa-Dawson dissenting) as follows: Council President Kochmar yes Councilmember Tran no Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson no Councilmember Dovey yes e. Council Bill #851/Ordinance: 2023/2024 Biennial Budget Adiustment/APPROVED ORDINANCE NO. 23-959 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance No. 22-941) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN 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 Councilmember Assefa-Dawson yes Councilmember Dovey yes 11. COUNCIL REPORTS Councilmember Assefa-Dawson shared her struggle with hearing exclusionary opinions and hateful words during public comment. Councilmember Tran and Council member Walsh had no reports. Councilmember Dovey reported on a conversation with a local banking executive who seemed interested in connecting financial training opportunities to the community. Deputy Mayor Honda reported on multiple local events including the Farmer's market, Phenomenal She Clothing Drive, Arts Explosion, and the Rhododendron Garden. She extended her heartfelt condolences for the loss of her friends and community members Charlie Hoff and Hope Elder; she shared special memories of each of them. Council President Kochmar reported on meeting with Wal-mart executives noting the stores are investigating the installation of locking mechanisms for their carts; they expressed interest in having their associates participate in community clean-up or litter events. She was pleased to note the new Korean Counsel General is a female. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:00 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 June 6, 2023 COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7b . . . ............ .. . ....... . .. . .. ..... . ... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL — REQUEST FOR ADDITIONAL FUNDS POLICY QUESTION: Should the Council authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190,000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project #36204)? COMMITTEE: Land Use and Transportation MEETING DATE: June 5, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkev. PE. Senior Civil En JRM DEPT: Public Works inee 1. Land Use and Transportation Committee memorandum dated June 5, 2023 Options Considered: 1. Authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190,000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project #36204). 2. Do not approve an increase to the maximum contract amount for Active Construction, Inc. and do not authorize a transfer of funds. MAYOR'S RECO[NUNIENI&aTION: Option 1. — MAYOR APPROVAL: R APPROVAL: s'� I n ituA Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the .Tune 20, 2023 consent agenda for approval. , Committee Chair Jac�Walsh; Committee Member N/A PIt`OPOSED COUNCIL MOTION: "I rnove,(yEi authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190,000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project 936204). " (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: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director `�r�- John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Lakota Middle School Safe Routes to School — Request for Additional Funds Financial Impacts: The cost to the City for the Lakota Middle School Safe Routes to School Project was included within the approved budget under the Public Works Department, Capital Project #36204. In accordance with the approved budget, this item is funded by a federal Safe Routes to School grant, a Washington State grant from the Transportation Improvement Board, Lakehaven Water & Sewer District, Verizon, and the Parks Department. Upon completion of the Lakota Middle School Safe Routes to School project, ongoing costs associated with operations and maintenance will be performed and funded through parks and streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. This increase in the maximum contract amount for the Lakota Middle School Safe Routes to School Project will require a transfer from the Transportation Capital (306) fund in the amount of $190,000.00. The 306 Fund currently has over $1.5 Million in unallocated fund balance primarily made up of restricted Real Estate Excise Tax (BEET) and Transportation Impact Fee (TIF) Funds. Background Information: This project provides an 8-foot sidewalk, planter strip, bicycle lane and street lights on the south side of SW Dash Point Road from 21" Ave SW to SW 3121h St. The scope also includes upgrading existing pedestrian crossings and curb ramps at 21St Ave SW to current ADA standards, as well as extending the reduced speed school zone on 14th Ave SW through the SW 3121h St and 2 1 " Ave SW intersections. Lakota Park parking lot upgrades were also completed. The City Council approved the award of this contract to Active Construction, Inc. on January 6, 2022 and authorized a maximum contract amount of $2,239,639.60. Construction costs exceeded the approved maximum contract amount primarily due to overruns of backfill and disposal, changes to drainage, additional park paving, additional signal materials and traffic control. The estimate for additional work is $50,000. The design costs and construction management costs for this project also overran the original estimated budgets. Rev 6/2019 June 5, 2023 Land Use and Transportation Committee Lakota Middle School Safe Routes to School — Request for Additional Funds Page 2 Funding Summary: Project Expenditures Design — Original Amount $170,000.00 Construction — Original Contract $2,036,036.00 10% Construction Contingency $203,603.60 Construction Management $280,000.00 Design — Cost Overruns $149,000.00 Construction Contract - Cost Overruns $50,000.00 Construction Management — Cost Overruns $107,881.40 $2,996,521.00 Project Revenues Grant (Federal — SRTS) $1,350,000.00 Grant (State — TIB) $525,651.00 Lakehaven Water & Sewer District $ 535,870.00 Verizon LOU relocation $ 25,000.00 Parks Transfer (120 Fund) $ 370,000.00 City — Transportation Capital (306 Fund) - REQUESTED $ l 90.000.00 $2,996,521.00 7cCOUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST TO TRANSITION THE HOUSING REPAIR AND MINOR HOME PROGRAMS TO THIRD -PARTY VENDOR(S) AND SOLICIT PROPOSALS POLICY QUESTION: Should the City Council approve seeking proposals for the operation of the Housing Repair Program and Minor Housing Repair Program, moving both programs to a third -party subrecipient for implementation? COMMITTEE: PRHSPSC MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other y DEPT: Community Development STAFF REPORT BY: Am Glandon ty P Attachments: 1. Staff Report Options Considered: 1. Approve the proposed Transition of Housing Repair Program to Third -Party Vendor. 2. Do not approve proposed Transition of Housing Repair Program to Third -Party Vendor and provide direction to staff. MAYOR'S RECOMMENP4TION: Option 1. MAYOR APPROVAL: U 6 Initial/Date DIRECTOR APPROVAL: Initial/Date 2:-s COMMITTEE RECOMMENDATION: I move to forward the transition of the Housing Repair Program as proposed to 20, 2023, consent agenda for approval. _ Comliiittee Chair Committ ber Committee Member PR¢POSED COUNCIL MOTION: "I move approval of the transition of the Housing Repair Program as proposed. " (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: Tuesday, June 13, 2023 TO: Parks, Recreation, Human Services & Public Safety Committee FROM: Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator Amy Glandon, Executive Assistant to CouncilC'.y'-i SUBJECT: Request to Transition the Housing Repair and Minor Home Programs to Third - Party Vendor(s) and Solicit Proposals Financial Impacts: The cost to the City for the Housing Repair Program and the Minor Home Repair Program was included within the approved Community Services Division budget under Community Development. In accordance with the approved budget, the Housing Repair Program is funded by Community Development Block Grant (CDBG) in the amount of $175,000 in a typical year(less in recent years due to delays resulting in the availability of additional funding from prior years. Minor Home Repair will be funded at $100,000 pending the Department of Housing and Urban Development (HUD) approval of the 2023 Annual Action Plan. The first competitive selection process would include approximately $100,000 for Minor Home Repair and $150,000 for Housing Repair, dependent on year-to-date expenditures and current projects. Upon selection of a subrecipient to administer and implement the program, future costs would continue to be funded by the CDBG program. Backgi-ound Information: The City of Federal Way proposed transitioning to a direct CDBG entitlement with HUD to the City Council in March, 2011. The Council approved allocating funds to the newly created Housing Repair Program with specific parameters with final approval and adoption occurring in the fall of 2011. Accordingly, the City of Federal Way began offering its own specialty program dedicated to the repairs and rehabilitation of current housing within the city limits in 2012. The current Housing Repair Program focuses on larger and more significant repairs such as roof replacements, water heater replacements, water line repair and new installations, furnace replacements, and electrical repair, and new installations. Over the summer of 2022, a feasibility review was completed to expand the program to include a Minor Home Repairs division based on presumed benefit of clientele with the program being for older adults. The results of the feasibility study were brought before Council, and an approval to expand to a Minor Home Repair Program was granted in November of 2022, to begin in 2023 once funding was released by HUD. Throughout the tenure of the Housing Repair Program, the City has faced challenges including the Rev. 7/18 following: • Utilization of the Program from Homeowners in the City: The process for qualification is extensive for Housing Repair Program applicants and includes turning over many documents of personal information to a governmental entity. Although there are many phone calls of interest, due at least in part to the extensive nature of the application process, the number of qualified applicants has steadily declined over the last few years. This has limited the amount of funding that is used on this program and number of projects that are completed each year. • Procurement of Contractors: Because the program is supported with federal dollars, contractors must meet certain requirements to be eligible to perform work with the City's Housing Repair Program, including maintaining registration with Sam.gov and having an active Unique Entity Identifier (UEI). Additionally, the City's insurance requirements can be cost prohibitive for medium- and smaller -sized contractors. Most medium- and small -sized contractors may choose not to maintain a UEI without consistent, predictable work. Conversely, large -sized contractors who can afford the insurance and have a UEI have less interest in the relatively small projects that the City is able to fund through the program. Finding an eligible contractor and keeping them available with limited work is exceedingly difficult. City staff worked to locate contractors who expressed interest in the program and greatly expanded the contractor network. Despite this effort, ofthe three projects bid in 2022, two of them went out to bid three to four times due to lack of response from contractors because contractors are generally busy and the City does not have enough consistent work available to be considered a priority given the "smaller" size of the projects. • Scope of Projects Requested: Typically, the requests the City receives for housing repairs fall outside current program parameters. Examples of projects that do not qualify for the City's program include: exterior home repair including painting, siding, decking; or certain interior home repairs including painting, flooring replacement, heating upgrades, and bathroom upgrades. Considering the recent challenges in implementing the Housing Repair program, staff have considered alternate models for the Housing Repair Program. Alternatives are being considered for the Minor Home Repair Program as well, which was included in the 2023 Annual Action Plan and is awaiting approval and funding from HUD. Housing repair programs in the region have a few model types. The City of Federal Way's direct entitlement program utilized contractors. Larger programs such as the cities of Kent and Auburn have technicians on staff to complete the work and will access contractors when necessary for work that exceeds internal scope. Another model is to contract with a third -party vendor to operate the program, which is what Bellevue does as a direct entitlement city. Other cities elect not to receive CDBG as a direct entitlement and instead have King County implement programs such as housing repair. Most relevant to the City of Federal Way are programs offered by Kent, Auburn, and Bellevue as direct CDBG entitlement jurisdictions. Without significant increases to the housing repair budget and commitment to adding staff to implement the program, staff recommend a similar approach to the City of Bellevue's and propose soliciting proposals from eligible organizations to enter into a Rev. 7/18 contract to operate the programs. Organizations that focus on housing repair and similar types ofprojects have the consistency of work and broader contractor network to better implement such programs. Having an outside organization administer the Program will still allow the City to retain full visibility and control of the Program while still being able to take advantage of the contractor networks and consistency of work that will benefit the Program and Program recipients overall. As a result, the Community Development Department is proposing is to contract with a third party to administer the Housing Repair Program. Under this model, the third party will handle the qualification of the homeowners, scheduling of the projects, execution of the repairs, and inspections. The City of Federal Way would retain the environmental review process and deed restrictions for loan -based projects. If approved by Council, the City will competitively bid the Program to attempt to select a subrecipient to administer and implement the program. Subrecipients must be nonprofit organizations or other governments under federal requirements. The City would evaluate the effectiveness of a third -party subrecipient implementing the program and make a recommendation to continue with a third -party or return to direct City implementation and operation of the Program after two years. At their regular meeting on May 15, 2023, the Human Services Commission unanimously approved forwarding this proposal to the Parks, Recreation, Human Services & Public Safety Committee for approval by the Committee and ultimately the full City Council. Rev. 7/l8 COUNCIL MEETI. .NG DATE: June 20, 2023 ITEM #: / d .. ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES INTERLOCAL AGREEMENT — KENT CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into an interlocal agreement with the Kent City Jail for jail services at the cost of approximately $350,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Kent City Jail Interlocal Agreement Options Considered: 1. Approve the Kent City Jail Interlocal Agreement. 2. Do not approve the Kent City Jail Interlocal Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: 1. Option 1 MAYOR APPROVAL: DIRECTOR APPROVAL:_ + f %/0-7 Cn ilt on cil Initial ate COMMITTEE RECOMMENDATION: I move to forward the Kent City Jail Interlocal Agreement to the June 20, 2023, C'g-w-rcq consent agenda for approval. \ / imittee Chair 40mmittee mb r Committee Member PROP P ED COUNCIL MOTION: "I move approval of the Kent City Jail Interlocal Agreement and authorize the h14ayo to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Interlocal Agreement — Kent City Jail Financial Impacts: The Kent City Jail is one of the jail services providers the City of Federal Way Police Department (FWPD) utilizes to house people FWPD arrests. The projected annual cost to utilize the Kent City Jail, based on a daily five (5) bed guaranteed rate plus additional fees (bookings over and above the minimum guarantee, medical and mental health fees, etc.) would be approximately $350,000.00. Background Information: On January 1, 2020, the Federal Way Police Department moved away from a sole source jail services provider and began utilizing multiple jail facilities to accommodate jail service needs, creating an overall annual savings of $2,085,672 to the jail budget. Since the transition, the FWPD has operated within the allocated budget in part due to the reduction of jail services during the COVID-19 pandemic. The Kent City Jail is one of the jail services providers utilized to house people arrested by FWPD and is a primary booking location for Federal Way in -custody arrests. This Interlocal Agreement will continue the jail services provided by the Kent City Jail for FWPD. Rev. 7/18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of suspects and defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant to this Agreement; and WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement that impose duties upon the court; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Federal Way and Kent as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal Way; and to set forth the fees to be paid by Federal Way for such services. 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. 2.1 Federal Way Inmate — Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and Jail Interlocal Agreement between City of Kent and Federal Way Page 1 of 9 regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or removed from custody on the charge. In the event an inmate has both a Kent warrant and a Federal Way warrant, Federal Way shall not be responsible for the booking fee. 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. Guaranteed Space shall include bed space on the hard -side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention ("EHD"). 2.3 AdditionaI Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly basis. Jail space made available beyond the Guaranteed Space shall be referred to as "Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is requesting Additional Space, and Additional Space will be made available at the discretion of the KCF. In the event Additional Space is made available, the Additional Space shall be paid for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a Federal Way Inmate occupies bed space on the hard -side of the jail, or participates in KCF programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law enforcement action that will likely result in a mass booking (i.e. the booking of three or more people) and the need for more than normal Additional Space. 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked and/or released for the 24-hour period. 2.5 Terms, Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. 2.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, Jail Interlocal Agreement between City of Kent and Federal Way Page 2 of 9 Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain programs, such as EHD or work release, consistent with the rates charged to Kent inmate. 2.7 Medical Program. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72-hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72-hour notice period. 2.7.1 Medical Care Outside of KCF — Federal Way Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service providers shall be forwarded to Federal Way for payment by Federal Way directly to the provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed by outside providers. 2.7.2 Medical Temporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required to adopt the standards of release relating to medical temporary releases adopted by the Kent Municipal Court as now adopted or later amended. In the event KCF staff determines that a Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF staff may issue a medical temporary release that is consistent with the standards of release for the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow-up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. 2.7.3 Booking of Ill or Injured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off -site. Federal Way shall not book into the KCF Federal Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. Inmates who are diagnosed with medical or mental health conditions that are stable through medication or treatment management will be accepted. It is not necessary for the inmate to have their prescribed medication with them at the intake process. In the event an inmates medical or mental health condition becomes unmanageable Federal Way will make arraignments to relocate Jail Interlocal Agreement between City of Kent and Federal Way Page 3 of 9 the inmate. 2.7.4 KCF Medical Transportation and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures (for example, inmates who are at a high risk of reoffending and ineligible for a medical temporary release pursuant to the adopted standards of release) are Federal Way's sole responsibility and shall not be included in the payment for Guaranteed Space. At each billing cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs shall be charged at a rate of $100 per hour. Time shall be charged in 15-minute increments rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $250.00 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the transport and supervision. 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to the KCF and from or to other correctional facilities. The operational policies shall establish a regular and efficient schedule for the transportation of Federal Way Inmates to reduce the frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will result in the return of the Federal Way Inmate to the KCF is pending. For inmates who have both Kent and Federal Way cases, First Court appearance priority will be given to the arresting agency corresponding to that appearance. 2.9 Video Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent Municipal Court shall have priority when establishing a time for video hearings. 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. 2.11 Release of Federal Way Inmates. KCF shall release Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court Judge, Commissioner or Judge Jail Interlocal Agreement between City of Kent and Federal Way Page 4 of 9 Pro Tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of electronic transmission to the KCF. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that results in the unavailability of a Federal Way police or transport officer, inmates may be transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher which shall be invoiced in accordance with this Agreement. As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. 2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is not in the custody or control of KCF to use a provider of electronic home detention services other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate shall be considered a Federal Way Inmate and shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD program. The Federal Way judge shall not have the authority to designate a particular EHD program for any Federal Way inmate once the Federal Way inmate is in the custody or control of the KCF. 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. 3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of $825.00 per day ($301,125.00 per year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $21.25 per day for inmates on EHD, and $191.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who Jail Interlocal Agreement between City of Kent and Federal Way Page 5 of 9 occupies Additional Space for any period of a day. For example, and not by limitation, a Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 x $191.00, for a total of $382.00. 3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of $40.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after a period in which he or she was not subject to confinement at the KCF or participating in a KCF jail program including KCF operated EHD. Federal Way Inmates who are transported for a court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. Bills of medical services provided by medical providers outside of the KCF as well as ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way 3.5 Annual Cost Inflator. On January 1, 2023, and on January 1 of each year thereafter that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle - Tacoma -Bellevue CPI-W for June of the preceding year; provided, in the event the Seattle -Tacoma - Bellevue CPI-W for June of the preceding year is zero or a negative number, the fees set forth in Sections 3.1-3.2 shall not be reduced. 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way Inmates who occupied the KCF during the quarter by name, as well as the number of days each Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. Jail Interlocal Agreement between City of Kent and Federal Way Page 6 of 9 The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start on January 1, 2023, and shall remain in effect through December 31, 2028. This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms shall be agreed to by the Parties by October 1 of the year in which the current term. 5.1. Early Termination without Breach. Should either party desire to terminate this Agreement absent a breach, a notice of termination shall be provided in writing to the other party no less than 180 days prior to the effective date of the termination. 5.2. Early Termination for Breach. In the event a party is in material breach of this Agreement, the non -breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non -breaching party. In the event Federal Way is the party in breach, Federal Way shall be subject to an early termination penalty of $24,750.00 for each month remaining in the duration of the Agreement. 6. INDEMNIFICATION. 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said suit; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Jail Interlocal Agreement between City of Kent and Federal Way Page 7 of 9 Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.3 The provisions of this Section shall survive termination of this Agreement. 7. MISCELLANEOUS. 7.1 Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. 7.2 Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(a). 7.4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been prepared by both parties with advice of legal counsel and the legal doctrine of Contra Proferentem shall not be used against either party to resolve any dispute about the meaning of a provision. 7.7 Notices. Notices shall be sent to the following addresses: Mayor and Chief Administrative Officer and Police Chief Police Chief City of Federal Way City of Kent 33325 8th Avenue South, Suite 101 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 7.8 Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a Jail Interlocal Agreement between City of Kent and Federal Way Page 8 of 9 dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 7.9 Severability. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provisions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. CITY OF FEDERAL WAY: CITY OF KENT: Jim Ferrell, Mayor Dated: Attest: Stephanie Courtney, City Clerk Dated: Approved as to Form: J. Ryan Call, City Attorney Dated: Jail Interlocal Agreement between City of Kent and Federal Way Page 9 of 9 Dana Ralph, Mayor Dated: Approved as to Form: Tammy White, City Attorney Dated: COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL, MGP XI COMMONS WEST, LLC POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2023 and 2024? COMMITTEE: PRHSPSC MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander DEPT: PD Attachments: 1. Staff Report 2. Services agreement for the Commons West Police Services 3. Exhibits A and B 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: 5 DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. tl,ommiuee Memuer PROP SED COUNCIL MOTION: "I move 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 — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cary Murphy, Commander SUBJECT: 2023 - 2024 Police Services Agreement with the Commons Mall West Financial Impacts: MGP XI Commons has asked that the Commons Mall Agreement be split into two agreements between MGP XI Commons West (10%) and MGP XI Commons FW (90%) due to a new corporate ownership structure. The revenue to the City for providing police services to the Commons Mall West will be $17,310.15 in 2023 and $18,002.55 in 2024. Funding from our agreement is credited to the PD budget line 001-0000-090-342-10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since the department was formed; we currently have three police officers with full-time positions at the mall. Our officers' focus at the Commons Mall is public safety. The officers also work with the Commons staff and stakeholders to foster a safe and friendly community environment. Additionally, officers develop crime -related problem -solving strategies with the management of the Commons and the vendors at the mall. They respond to in - progress and other crimes, take enforcement actions, conduct follow-up investigations, and provide training to store employees on how to file online police reports. This is a highly visible position, and our officers have positive interactions with mall visitors at special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2023, and ending December 31, 2024. Two agreements are being executed for this service due to the new ownership structure of the Commons Mall, but the total coverage of the agreements together is the same as prior agreements. Rev. 7/18 CITY OF CITY HALL Feder Avenue South • Box 9718 Federal l Way Federall Way, WA 98063-971818 (253) 835-7000 www. ct"ffeder^fivay com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons West, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: GP XI COMMONS WEST, LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 .com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 81h Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette. allen@cityoffederalway. com 1. TERM. The term of this Agreement shall be for two years commencing on January 1, 2023. 2. SERVICES. The City shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) day's written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries of each officer assigned to the Property for the time periods that they are assigned there. The number of hours and total rate shall be as outlined in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice, and the Owner shall remit one -twelfth of the total yearly Compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives and volunteers 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 in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, SERVICES AGREEMENT - 1 - CITY OF CITY HALL Federal 'I Way Feder 8th Avenue South • Box 9718 Federal Way, WA 98063-9718 18 (253)835-7000 www cityoffedershmy com 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 caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 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. 6. INSURANCE. Both Parties agree to carry as minimum general liability insurance or comparable coverage through a municipal insurance pool in the amount of at least $2,000,000 single limit and $2,000,000 aggregate. Both Parties shall provide certificates of insurance or comparable proof of coverage through a municipal insurance pool, concurrent with the execution of this Agreement, evidencing such coverage and, at the other Party's request, furnish the other Party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. 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. 7. CONFLDENTIALITY. All information regarding the City obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sends a notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Owner's obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL_PROVISIONS. 9.1 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 of the Exhibits to this Agreement conflict with any language contained 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 SERVICES AGREEMENT - 2 - CITY OF CITY HALL A* Federal � � Feder 8th y, WA South • 18 Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffecfemkay com invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 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. 9.2 Assignment and Beneficiaries. Neither the Owner 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. 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 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 notice's addressee 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 other remedies available at law, in equity or by statute. The failure of a Party 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 a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party 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 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. 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] SERVICES AGREEMENT - 3 - CITY OF CITY HALL At Fe d e ra I Way Feder Avenue South • Box 9718 Federall Way, WA 98063-971818 (253)835-7000 www. cityoffederalwaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: MGP XI COMMONS WEST, LLC By: Printed Name: Title: DATE: STATE OF ss. COUNTY OF ) ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SERVICES AGREEMENT - 4 - CITY OF CITY HALL Federal Way Feder Sth Avenue South • Box 9718 Federal Way, WA 98063-971818 (253) 835-7000 www. cityoffedera4iny com EXHIBIT "A" SERVICES 1. For the years 2023 and 2024, the City will provide Contract Officers for a total of ten (10) ten-hour shifts per week between MGP XI Commons FW, LLC and MGP XI Commons West, LLC. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both Parties. 2. The City will provide to the Property three (3) full-time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security orother police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignments, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments but may be rotated to address City needs or Owner interests. 3. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presence and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B - Compensation, and may be reduced based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. SERVICES AGREEMENT - 5 - CITY OF CITY HALL Fa d e ra I Way Feder 8th Avenue South • 18 Box 9718 pr Federal Way, WA 98063-9718 (253) 835-7000 www. ckyoffederalway. cam EXHIBIT "B" COMPENSATION For 2023, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons West, LLC is Thirty -Four Thousand Six Hundred Twenty and 30/100 Dollars ($34,620.30). The Owner will pay half of this cost, totaling Seventeen Thousand Three Hundred Ten and 151100 Dollars ($17,310.15) in monthly installments. For 2024, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons West, LLC is Thirty -Six Thousand Five and 10/100 Dollars ($36,005.10) The Owner will pay half of this cost, totaling Eighteen Thousand Two and 551100 Dollars ($18,002.55) in monthly installments. SERVICES AGREEMENT - 6 - COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL, MGP XI COMMONS FW, LLC POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2023 and 2024? COMMITTEE: PRHSPSC MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Cw(t DEPT: PD Attachments: 1. Staff Report 2. Services agreement for the Commons FW Police Services 3. Exhibits A and B 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: S DIRECTOR APPROVAL: C nnitt Counc' Initial/Da e -17 Initial/Date Inilial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. C ee Chair ommittee etnr Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement and authorize the Mayor to execide said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cary Murphy, Commander SUBJECT: 2023 - 2024 Police Services Agreement with the Commons Mall FW Financial Impacts: MGP XI Commons has asked that the Commons Mall Agreement be split into two agreements between MGP XI Commons West (10%) and MGP XI Commons FW (90%) due to a new corporate ownership structure. The revenue to the City for providing police services to the Commons Mall FW will be $155,791.35 in 2023 and $162,022.95 in 2024. Funding from our agreement is credited to the PD budget line 001-0000-090-342-10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since the department was formed; we currently have three police officers with full-time positions at the mall. Our officers' focus at the Commons Mall is public safety. The officers also work with the Commons staff and stakeholders to foster a safe and friendly community environment. Additionally, officers develop crime -related problem -solving strategies with the management of the Commons and the vendors at the mall. They respond to in -progress and other crimes, take enforcement actions, conduct follow-up investigations, and provide training to store employees on how to file online police reports. This is a highly visible position, and our officers have positive interactions with mall visitors at special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2023, and ending December 31, 2024. Two agreements are being executed for this service due to the new ownership structure of the Commons Mall, but the total coverage of the agreements together is the same as prior agreements. Rev. 7/18 CITY OF CITY HALL �. 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98063-971818 (253)835-7000 www a1yoffederalway com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: GP XI COMMONS FW, LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 ier.com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, Chief of Police 33325 81h Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette.allen@ciryoffederalway.com 1. TERM. The term of this Agreement shall be for two years commencing on January 1, 2023. 2. SERVICES. The City shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"). 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) day's written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries of each officer assigned to the Property for the time periods that they are assigned there. The number of hours and total rate shall be as outlined in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The City shall invoice, and the Owner shall remit one -twelfth of the total yearly Compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives and volunteers 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 in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, SERVICES AGREEMENT - 1 - ` CITY OF CITY HALL Federal Way Feder 8th Avenue South • Box 9718 Federal Way, WA 98063-971818 (253) 835-7000 www.WyoBederaAmy.aom 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 caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 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. 6. INS17RANCE. Both Parties agree to carry as minimum general liability insurance or comparable coverage through a municipal insurance pool in the amount of at least $2,000,000 single limit and $2,000,000 aggregate. Both Parties shall provide certificates of insurance or comparable proof of coverage through a municipal insurance pool, concurrent with the execution of this Agreement, evidencing such coverage and, at the other Party's request, furnish the other Party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. 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. 7. CONFIDENTIALITY. All information regarding the City obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sends a notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement; or (b) the Owner's obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. }GENERAL PROVISIONS. 9.1 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 of the Exhibits to this Agreement conflict with any language contained 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 SERVICES AGREEMENT - 2 - CITY OF CITY HALL AS# Federal WayFeder 8th Avenue South • Box 9718 Federal Way, WA 98063-9718 18 (253) 835-7000 www.cityoffederatway.com invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 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. 9.2 Assignment and Beneficiaries. Neither the Owner 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. 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 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 notice's addressee 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 other remedies available at law, in equity or by statute. The failure of a Party 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 a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party 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 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. 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] SERVICES AGREEMENT - 3 - CITY OF CITY HALL Fe d e ra I Way Feder Avenue South • Box 9718 Federall Way, WA 98063-971818 (253)835-7000 w w w cd jn o ffed era 1 wa y com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: MGP XI COMMONS FW, LLC By: Printed Name: Title: DATE: STATE OF_ COUNTY OF ) ss. ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SERVICES AGREEMENT - 4 - CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South • Box 9718 OZ*�,Ik Federal Way, WA 98063-9718 18 (253)835-7000 www.cttyoffederalway.com EXHIBIT "A" SERVICES 1. For the years 2023 and 2024, the City will provide Contract Officers for a total of ten (10) ten-hour shifts per week between MGP XI Commons FW, LLC and MGP XI Commons West, LLC. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both Parties. 2. The City will provide to the Property three (3) full-time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security orother police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignments, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments but may be rotated to address City needs or Owner interests. 3. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presence and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided, that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B Compensation, and may be reduced based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. SERVICES AGREEMENT - 5 - CITY of CITY HALL Federal Way Feder l Avenue South 8063-• 18 Box9718 Federal Way, WA 98063-9718 (253) 835-7000 www. crryoffederalway com EXHIBIT "B" COMPENSATION For 2023, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons FW, LLC is Three Hundred Eleven Thousand Five Hundred Eighty -Two and 70/100 Dollars ($311,582.70). The Owner will pay half of this cost, totaling One Hundred Fifty -Five Thousand Seven Hundred Ninety -One and 351100 Dollars ($155,791.35) in monthly installments. For 2024, the total cost of 100 shift hours per week will be split between MGP XI Commons West, LLC (10% of the cost) and MGP XI Commons FW, LLC (90% of the cost). The total cost of the assigned Contract Officers for MGP XI Commons FW, LLC is Three Hundred Twenty -Four Thousand Forty -Five and 90/100 Dollars ($324,045.90). The Owner will pay half of this cost, totaling One Hundred Sixty -Two Thousand Twenty -Two and 95/100 Dollars ($162,022.95) in monthly installments. SERVICES AGREEMENT - 6 - 7gCOUNCIL -- ...MEETING DATE: JUNE 20, 2023 ITEM #:. ........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY ACCESS CONTROL UPGRADE RFP AWARD POLICY" QUESTION: Should the City enter into a Goods and Services Agreement for the Security Access Control Upgrade with NW Security & Automation? COMMITTEE: PRHSPSC CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: THOMAS FICHTNER MEETING DATE: June 13, 2023 ❑ Public Hearing ❑ Other DEPT: INFORMATION TECHNOLOGY Attachments: 1. Staff Report 2. NW Security & Automation Good and Services Agreement Options Considered: 1. Approve the proposed Goods and Services Agreement for the Security Access Control Upgrade with NW Security & Automation. 2. Do not approve the proposed Goods and Services Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL;-26 A DIRECTOR APPROVAL--�• 1 1 �3t j%3 • Initial/Date lainal,Datc 1C.Or 1160111.'Uale COMMITTEE RECOMMENDATION: "I move to forward the proposed Good and Services Agreement for the Security Access Control Upgrade with NW Security & Automation to the June 20, 2023 consent agenda for mittee 61ai1- l'l CommitteeVemit2r _ Committee Member PROP91ED COUNCIL MOTION: "I move to approve the proposed Goods and Services Agreement for the Security Access Control upgrade with NW Security & Automation and authorize the Mayor to sign. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordiminces only) ORDINANCE # REVISED - 4/2019 RESOL11TION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 8, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Thomas Fichtner, IT Director SUBJECT: City Physical Access Control Upgrade (DNA Readers / Controllers) Financial Impacts: The City Access Control Upgrade is currently a budgeted item in the City Council Adopted 2023/2024 budget. The IT budget currently has $75,000 allocated for a City Physical Access Control Upgrade (DNA Readers / Controllers). Qty Description Model Each Total 2 Open Options LP 1502 Controller LP1502 $1,640.25 $3,280.50 2 Open Options Two Door Controller MR52-S3B $896.40 $1,792.80 4 HID Signo Reader w/Keypad 40KTKS-TO-000000 $479.25 $1,917.00 93 HID Signo Reader 40TKS-TO-000000 $291.60 $27,118.80 7 HID Signo Mullion Reader 20TKS-TO-000000 $283.50 $1,984.50 2 Mics Materials, Consumables Misc $135.00 $270.00 Parts and Materials Total $36,363.60 Labor Total (72hrs) $9,720.00 Sales Tax $4,654.44 Project Total $50,738.04 Other Vendor: Estimated Replacement ID Badge Cost $6,000 Background Information: The City maintains an "access control system" that allows for keyless access to the entrances and restricted areas of certain City facilities. This system uses badges that can easily be issued and revoked, making it easier to manage who has access to certain areas. The system also tracks who enters and exits a room or building, providing a record of activity that can be used for security and accountability purposes. Also, the system can be integrated with other security measures such as cameras or alarms to create a more comprehensive security solution. The current access control system was installed when City Hall was renovated in 2004, and currently things are failing and the badge readers need to be upgraded to support stronger Rev. 7/18 security. An RFP was issued and we received one response from NW Security and Automation. We have used this vendor historically, and they have a solid track record responding to issues and maintaining our system. There is a large lead time on the equipment due to lingering supply challenges; however, the City is anticipating the project to be completed before the end of the year. As shown in the RFP proposal, the project is anticipated to take a total of 7 days to complete. All employee badges will be reissued ahead of time so that when NW Security & Automation begins to replace the badge readers, employees will still have access to all areas using their new or old badge. NW Security & Automation will allow the City to have an adaptable security system that will be viable for future upgrades and expansion. Having an updated and reliable security access system is essential to the overall physical security of the City. Rev. 7/18 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com GOODS AND SERVICES AGREEMENT FOR SECURITY ACCESS UPGRADE This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Limited Energy Services Inc, dba NW Security & Automation, a Washington 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: LIMITED ENERGY SERVICES INC. DBA NW I CITY OF FEDERAL WAY: SECURITY & AUTOMATION: Marty Prough P.O. Box 1684 Sumner, WA 98390 1-866-309-2911 (telephone) The Parties agree as follows: Thomas Fichtner 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2547 (telephone) (253) 835-2509 (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 29, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. "Muff" 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 City of the defect. If the Contractor does not accomplish the c6rrections within a reasonable time as determined by GOODS AND SERVICES AGREEMENT - 1 - 4/2023 ` Feder Federal Way CITY OF 33325 CITY HALL Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 Inspection. 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 complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT - 2 - 4/2023 CITY OF CITY HALL Federal 1!1lay Feder 8th Avenue South 8003 Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 4.4 Non -Appropriation of Funds. 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 party 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. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection GOODS AND SERVICES AGREEMENT - 3 - 4/2023 CITY OF CITY HALL �- Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 $2,000,000 for each occurrence and $2,000,000 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 GOODS AND SERVICES AGREEMENT - 4 - 4I2023 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederaftay com such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all 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 Safe . 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 GOODS AND SERVICES AGREEMENT - 5 - 4/2023 ` CITY OF CITY HALL �., Feder 8th Avenue South Federal Way. WA 98003-6325 Fe d e ra I Way (253) 835-7000 www cityoffederalway com made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor 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 Parry. 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 GOODS AND SERVICES AGREEMENT - 6 - 4/2023 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cttyoffedefalway.com provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all 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 - 4/2023 CITY OF CITY HALL At Fed a ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.Wyoffedera/way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: LIMITED ENERGY SERVICES INC DBA NW SECURITY & AUTOMATION Printed Name: Marty Prough Title: Vice President DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20—. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT - 8 - 4/2023 ` CITY OF CITY HALL 1�. , Fe d e ra I Way Feder 8tn y, WAAvenuSouth Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com EXHIBIT "A" SERVICES 1. The City of Federal Way currently has two separate access control systems: A. Open Options nPowerDNA access control system that is made up of five separate buildings with 98 doors. i. System comprises of four SSP-D2 (Mercury EP/LP1502) and one Dcontroller main system boards, connected to a myriad of RSC-2 (Mercury MR52) and NSC-100 sub- controllers. B. Bosch/Lenel access control system at one building with two doors. i. System is stand-alone and includes an LNL-500 (Mercury SCP-C) main controller connected to a LNL-1320 (Mercury MR52) two -door controller. 2. The Contractor shall do or provide the following: A. Provide, install, and configure all necessary hardware, software licensing for the following: i. Replace all existing access control cardibadge reader hardware across all sites with HID Signo EAL5+ Certified Secure Element Hardware. ii. Replace the existing Community Center Bosch/Lenel access control system boards with an LP1502 and configure it as an additional SSP Controller onto the existing nPowerDNA access control system located at CityHall. iii. Provide any additional Open Option software licensing needed to accommodate the scope of work. B. Labor to install, configure, and test all equipment. C. Labor for any system administration or configuration. D. Dispose of all old/replaced equipment. 3. Schedule: Start date and successful completion of the project within the current calendar year will be highly dependent on product lead times. Except for the MR52, each of the products listed within this RFP are currently long lead items and are not "in stock" through distribution. As such, the project will likely be completed in phases over multiple trips as parts arrive. *Start and end dates T13D, some tasks may be performed in parallel. Task Duration Start Finish Reader upgrades (all locations) 3d-5d Decommission Lenel Controller, Replace with LP1502, Program, Test 1d-2d GOODS AND SERVICES AGREEMENT - 9 - 4/2023 CIT Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. ct"ffederalway. com 1. Total Compensation: In return for the Services, and as outlined in Section 4.2 of this contract, the City shall pay the Contractor an amount not to exceed forty-six thousand eighty-three and 60/100 Dollars ($46,083.60), and Washington State sales tax equal to four thousand six hundred fifty-four and 44/100 Dollars ($4,654.44) for a total of fifty thousand seven hundred thirty-eight and 04/100 Dollars ($50,738.04). Qty Description Model Each Total 2 Open Options LP 1502 Controller LP1502 $1,640.25 $3,280.50 2 Open Options Two Door Controller MR52-S313 $896.40 $1,792.80 4 HID Signo Reader w/Keypad 40KTKS-TO-000000 $479.25 $1,917.00 93 HID Signo Reader 40TKS-TO-000000 $291.60 $27,118.80 7 HID Signo Mullion Reader 20TKS-T0-000000 $283.50 $1,984.50 2 Misc. Materials, Consumables Misc. $135.00 $270.00 Partsand Materials Total.................................................................................................. LaborTotal (72hrs)............................................................................................................ SalesTax............................................................................................................................ ProjectTotal................................................................................................................. $36,363.60 $9,720.00 $4,654.44 $50,738.04 GOODS AND SERVICES AGREEMENT - 10 - 4/2023 N W �NWSECURITY&AUTOMATION A A Division of Limited Energy Services Inc Project Proposal City of Federal Way — Access Control Upgrade N w iNWSECURITY&AUTOMATION A A Division of Limited Energy Services Inc Table of Contents Letterof Submittal.................................................................................................... 1 Qualifications....................................................................................................2 References.................................................................................................... 6 Scopeof Work.................................................................................................... S Schedule.................................................................................................... 9 Quotation.................................................................................................... 10 N �y NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system Local 24hr UL Monitoring • Security • Telephone Letter of Submittal Limited Energy Services Inc, DBA: NW Security & Automation Marty Prough, Principal/Vice President PO Box 1684, Sumner, WA 98390 May 5,2023 Terry Smith, Administrative Assistant II, I.T. Department City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 (253) 835-2550 Email: terry. smith(a)-cityoffederalway.com Dear Ms. Smith, NW Security & Automation is submitting this proposal in response to City of Federal Way RFP: Access Control Upgrade. We hope that we have provided all necessary and required information for compliance with this RFP. We appreciate the opportunity to submit a proposal for this project and look forward to the City's response. Sincerely, Marty Prough Principal — Vice President, NW Security & Automation sABC •w� `YI � M E M B E R BBB. SIISA NW A..-. • ...i. rr. �... Page 1 of 12 N �y NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system Local 24hr UL Monitoring • Security • Telephone Qualifications Business Information Limited Energy Services Inc, DBA: NW Security & Automation PO Box 1684, Sumner WA 98390 1-866-309-2911, https:Hnwsecurityandautomation.com Limited energy Services is a Corporation, registered/licensed in Washington State on March 1st 2007. Federal Tax ID : 208279387 U B I : 602671064 Contractor License : LIMITES932JF Registered trade name : NW Security & Automation Firm Experience We are a local Puget Sound based integrator with well over a decade of experience providing customers with innovative and cost-effective security solutions. We specialize in providing turnkey integrated solutions for commercial and industrial applications. Our team has a proven track record of completing projects on time, and on budget, while delivering solutions that meet our customers' needs. Our organization's capabilities include consulting, design -build, installation, maintenance, service and support, inspections, and testing. We provide solutions for access control, communications (intercom and telephone entry), security systems, and video surveillance. We have been an Open Options partner since 2014, and have completed well over 25 major projects with DNA Fusion software/hardware. These projects include commercial service centers, office buildings, warehouses, manufacturing facilities, freight forwarding, and various industrial applications. Many of these applications have included access control, security, and video management systems integration. Finally, we have also successfully completed several City of Federal Way projects. ABC Y E Y B E A SILSA NW BB AW Page 2 of 12 N �yNWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY �°► 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Security • Telephone Staffing Experience As a small business of 6-10 employees on average, all of our team members have cross functional responsibilities and roles. This project would be supported by all the following team members on an as -needed basis. Phillip Moran Principal — President Education: Associate of Science, Electronics, Computer Programming Licenses: Electrical Administrator, EL06 Master Electrician Certifications: Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid Experience: 1989-2006 Homeguard/Chubb Security (LITC Fire and Security) 2006-Present Limited Energy Services Inc, DBA: NW Security & Automation 1998-Present Electronic Security Association (ESA/WBFAA), Board Member Phill has more than thirty years of experience working in the field of electronic security and systems integration. Phill started his career as a field technician where he excelled at installation and troubleshooting. Over the course of a few short years, Phill held multiple technical positions of increasing responsibility before ultimately being promoted into operations management. Phill spent nearly 13 years as an operations manager, during which time his responsibilities included operations, logistics, communications systems, and countless special projects. In 2006 Phill founded Limited Energy Services Inc. In a few short years Limited Energy Services Inc had built a solid reputation for providing quality services and products. As a principal of the company, Phill enjoys being hands on in most elements of the work, and is currently responsible for day to day operations, administrative functions, field operations/technical work and project management. NAEC SILSA NW .�... Page 3 of 12 N w INWSEC URITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation • Access Control • CCTV • Telephone entry system Local 24hr UL Monitoring • Security • Telephone Marty Prough Principal —Vice President Education- BS, IT Security Emphasis AAS, IT Network Administration and Support Licenses: EL06 Specialty Electrician Certifications: CCENT, CCNA Routing and Switching, CCNA Security, CNSS 4011 Recognition, CompTIA Linux+, CompTIA Network+, CompTIA Project+, CompTIA Security+, CIW Database Design Specialist, Microsoft MCP, Microsoft MTA, CIW Web Design Specialist Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid Experience: 1995-2008 Homeguard/Chubb Security (UTC Fire and Security) 2008-Present Limited Energy Services Inc, DBA: NW Security & Automation Marty has more than 27 years of experience working in the field of electronic security and systems integration. He began his career as a field technician, and has held numerous positions of increasing responsibility throughout his career, to include; technical field work, inside/outside sales, supervisory, and management assignments. Marty joined Limited Energy services in 2008, and is currently responsible for administrative functions, field operations/technical work, professional services, project management, sales, and marketing. 1��� , SUSA_ NW A C�e���_ BBBL 11.u� Win N Ux IImrIF�-. M E Y 6 E 6 Page 4 of 12 N w NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY p► 1-866-309-2911 5/5/2023 Automation Access Control • CCTV - Telephone entry system • Local 24hr UL Monitoring Security • Telephone Jared Moran Field Technician Licenses: EL06 Specialty Electrician Certifications: Open Options DNA Fusion, Optex Redscan, Salient, Southwest Microwave Intrepid, Openpath, AVA Experience: 2009-Present Limited Energy Services Inc, DBA: NW Security & Automation Jared has over fourteen years of experience performing installation/service work in the field of electronic security. His responsibilities include installation, service, and maintenance of integrated systems. In addition to performing installation and service work, he also acts as project lead/foreman. Jared is extremely knowledgeable and proficient in all aspects of his job duties, and consistently provides our customers with a high level of service and accountability. Mat Raiford Field Technician Licenses: EL06 Specialty Electrician Certifications: Open Options DNA Fusion, Openpath, AVA Experience: 2016-Present Limited Energy Services Inc, DBA: NW Security & Automation Mat has over seven years of experience working in the field of electronic security. Mat has extensive experience working with various security related products and technologies. Mat is also proficient at cabling, peripheral device installation, terminations, and commissioning. Mat also acts as project lead/foreman, and has a solid track record of delivering projects on time, on budget, and while exceeding customers expectations. �`�1 SILSA NW AB+ BBB �� :.. M E M B E R Page 5of12 F w INWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY 1-866-309-2911 5/5/2023 Access Control • CCTV - Telephone entry system • Local 24hr UL Monitoring Security • Telephone References Company. Puget Sound Energy 355 110th Ave NE, Bellevue, WA 98004 Contact: Glen Harston, Physical Security Systems Administrator glen. harston aepse.com, 360-766-5521 Description of work: NWSA has successfully completed dozens of projects for PSE over the past ten plus years, and currently provides service and maintenance for PSE sites. Project work has included integrated systems in various types of applications, such as office buildings, operations/service center facilities, power generation sites, substations, and storage facilities. In addition to providing systems for access control, communications, security, and video surveillance; we also provide professional services and software maintenance, to include upgrades and migration projects. Company: Leviton Network Solutions 2222 222nd St SE, Bothell, WA 98021 Contact: Rich Howell, Facilities Maintenance Manager jib r : is cr_ r i, 425-415-7504 Description of work: NWSA performed access control, security, and video surveillance system upgrades for Leviton. The project included two buildings, and multiple office and production areas. The access control and security systems were integrated and included custom features and configuration in order to meet Leviton's unique production environment and schedules. NWSA continues to provide ongoing maintenance, inspections, software maintenance, service, and system monitoring for Leviton. 1A, W M ` ME„„WBBB L Page 6 of 12 IN w NUIISECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation • Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Security • Telephone Company: Dillanos Coffee Roasters 1620 45th St E, Sumner, WA 98390 Contact: Tim Lidstrom, Operations Manager timl(&dillanos.com, 253-826-1807 Description of work: NWSA provided an integrated turn -key access control, security, and video surveillance system for Dillano's new corporate office and roasting plant. The project included mobile credential enabled readers, and integrated arming/de-arming of the security system based on access, as well as door override. NWSA continues to provide ongoing service, maintenance, alarm monitoring, and professional services for Dillanos. Company: Wright Runstad & Co. Contact: Skyler Bruhy, Building Engineer sbruhy(d-)wrightrunstad.com, 360-280-3836 Description of work: NWSA provides annual support, system, and software maintenance of access control, visitor management, and video surveillance systems. As well as system upgrades and additions. ',4�WnSIISA NW BBB u Page 7 of 12 N yy NWSECURITY&AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation • Access Control • CCTV • Telephone entry system • Local 24hr UL Monitoring Security - Telephone Scope of Work Proposed scope of work as outlined within "City of Federal Way, RFP ACCESS CONTROL UPGRADE". The City of Federal Way currently has two separate access control systems: I. Open Options nPowerDNA access control system that is made up of five separate buildings with 98 doors. 1. System comprises of four SSP-D2 (Mercury EP/LP1502) and one Dcontroller main system boards, connected to a myriad of RSC-2 (Mercury MR52) and NSC-100 sub - controllers. II. Bosch/Lenel access control system at one building with two doors. 1. System is stand-alone and includes a LNL-500 (Mercury SCP-C) main controller connected to a LNL-1320 (Mercury MR52) two -door controller. Provide, install, and configure all necessary hardware, software licensing for the following: I. Replace all existing access control card/badge reader hardware across all sites with HID Signo EAL5+ Certified Secure Element Hardware. Il. Replace the existing Community Center Bosch/Lenel access control system boards with an LP1502 and configure it as an additional SSP Controller onto the existing nPowerDNA access control system located at City Hall. III. Provide any additional Open Option software licensing needed to accommodate the scope of work. Labor to install, configure, and test all equipment. Labor for any system administration or configuration. Dispose of all old/replaced equipment. ibc 0 SILU NW BBB Y E Y B E P Page 8 of 12 N w NW SEC URITY &AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY �► 1-866-309-2911 5/5/2023 Automation � Access Control • CCTV • Telephone entry system - Local 24hr UL Monitoring • Security - Telephone Schedule Start date, and successful completion of the project within the current calendar year will be highly dependent on product lead times. Except for the MR52, each of the products listed within this RFP are currently long lead items and are not "in stock" through distribution. As such, the project will likely be completed in phases over multiple trips as parts arrive. *Start and end dates TBD, some tasks may be performed in parallel. Task Duration Start Finish Reader upgrades (all locations) 3d-5d Decommission Lenel Controller, Replace with LP1502, Program, Test 1d-2d "ABC 0 salsa Hw Page 9 of 12 N w NW SECURITY& AUTOMATION Proposal SMART SOLUTIONS FOR AUTOMATION AND SECURITY A 1-866-309-2911 5/5/2023 Automation Access Control • CCTV • Telephone entry system Local 24hr UL Monitoring • Security • Telephone Quotation Qty Description Model Each Total 2 Open Options LP 1502 Controller LP1502 $1,640.25 $3,280.50 2 Open Options Two Door Controller MR52-53B $896.40 $1,792.80 4 HID Signo Reader w/Keypad 40KTKS-TO-000000 $479.25 $1,917.00 93 HID Signo Reader 40TKS-TO-000000 $291.60 $27,118.80 7 HID Signo Mullion Reader 20TKS-TO-000000 $283.50 $1,984.50 2 Mics Materials, Consumables Misc $135.00 $270.00 Parts and Materials Total....................................................................................................... $36,363.60 LaborTotal (72hrs).................................................................................................................. $9,720.00 SalesTax.................................................................................................................................. $4,654.44 ProjectTotal..................................................................................................................... $50,738.04 � �00,SILSA NW "ABC BBB Y.rv.� ...lr .IrIMu Page 10 of 12 COUNCIL MEETING DATE: June 20, 2023 ITEM #: / 1 L CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT WITH PUBLIC HEALTH OF SEATTLE-KING COUNTY FOR THE SOUTH KING COUNTY MOBILE MEDICAL PROGRAM POLICY QUESTION: Should the City enter into an interlocal agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Patti Spaulding-Klewin, Human Services Coordinator DEPT: Community Development Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL DIRECTOR APPROVAL: mmittee Cillmc' Initial. Date Initial'Dat Initial atc COMMITTEE RECOMMENDATION: "I move to forward the proposed Interlocal Agreement to the June 20, 2023 consent agenda for approval. " Chair Committee Member PROP OS ED COUNCIL MOTION: "I move approval of the "proposed Interlocal Agreement, and authorize the Afgvor 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 — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Sarah Bridgeford, Community Services Manager Patti Spaulding-Klewin, Human Services PVC41-- SUBJECT: SUBJECT: Interlocal Agreement with Public Health of Seattle -King County for the South King County Mobile Medical Program Financial Impacts: The cost to the City for the interlocal agreement with Public Health of Seattle -King County was included within the approved budget under the Community Development Department, Community Services Division budget as part of the $711,900.00 in grant funding in professional services. The grant funding approved by City Council on November 15, 2022, included $14,000.00 for Public Health of Seattle -King County for the South King County Mobile Medical Program. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the agreement, there will be no currently planned future costs. Background Information: On November 15, 2022, City Council approved the Human Services Commission 2023-2024 grant recommendations, which included $7,000 per year for two years for Public Health of Seattle -King County's South King County Mobile Medical Program. The grant funding provides dental services to people experiencing homelessness in the City of Federal Way. The program proposes to provide 30 dental visits per year to a total of 28 Federal Way residents with the goal of improving health. Rev. 7/18 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com HUMAN SERVICES AGREEMENT FOR SOUTH KING COUNTY MOBILE MEDICAL PROGRAM This Human Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Public Health of Seattle -King County, a Washington county agency ("County"). The City and County (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: PUBLIC HEALTH OF SEATTLE-KING COUNTY: Vazaskia Crockrell 401 5th Ave #1300 Seattle, WA 98104 (206) 477-6391 (telephone) vacrockrell The Parties agree as follows: CITY OF FEDERAL WAY: Patti Spaulding-Klewin 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2651 (telephone) patti. Spaulding-klewin(a,cityoffederalway. com 1. TERM. The term of this Agreement shall be for a period commencing on January 1, 2023, and terminating on December 31, 2024 ("Term"). Funding for the second year of the Agreement is contingent upon satisfactory Agreement performance during the first year of the Agreement term and upon funding availability. This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the County. 2. SERVICES. The County shall perform the services more specifically described in Exhibit A, attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed in a satisfactory manner, within the time period prescribed by the City. The County warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve the County of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the County fails to maintain required insurance, 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 Services, the City shall pay the County 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 City shall reimburse the County only for the approved activities and in accordance with the HUMAN SERVICES AGREEMENT _ 1 - 1/2023 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway.com procedures as specified in Exhibit B. The County shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction resulting from this Agreement. 4.2 Method of Payment. On a quarterly basis, the County shall submit to the City an invoice for payment on a form provided by the City along with supporting documentation for costs claimed in the invoice and all reports as required by this Agreement. Payment shall be made on a quarterly basis by the City only after the Services have been performed and within forty-five (45) days after the City's receipt and approval of a complete and correct invoice, supporting documentation, and reports. The City will use the quantity of Services actually delivered, as reported on the County's reports, as a measure of satisfactory performance under this Agreement. The City shall review the County's reports to monitor compliance with the performance measures set forth in Exhibit A. Should the County fail to meet the performance measures for each quarter, the City reserves the right to adjust payments on a pro rata basis at any time during the term of this Agreement. Exceptions may be made at the discretion of the City's Human Services Manager in cases where circumstances beyond the County's control impact its ability to meet its service unit goals and the County has shown reasonable efforts to overcome these circumstances to meet its goals. If the City objects to all or any portion of the invoice, it shall notify the County and reserves the option to pay only that portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. 4.3 Final Invoice. The County shall submit its final invoice by the date indicated on Exhibit B. If the County's final invoice, supporting documentation, and reports are not submitted by the last date specified in Exhibit B, the City shall be relieved of all liability for payment to the County of the amounts set forth in said invoice or any subsequent invoice; provided, however, that the City may elect to pay any invoice that is not submitted in a timely manner. 4.4 Bum. The County shall apply the funds received from the City under this Agreement in accordance with the line item budget set forth in Exhibit B. The County shall request in writing prior approval from the City to revise the line item budget when the cumulative amount of transfers from a line item in any Project/Program Exhibit is expected to exceed ten percent (10%) of that line item. Supporting documents are necessary to fully explain the nature and purpose of the revision, and must accompany each request for prior approval. All budget revision requests in excess of 10% of a line item amount shall be reviewed and approved or denied by the City in writing. 4.5 Non -Appropriation of Funds. 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 County Indemnification. The County represents to the City that the County has competent, trained staff and where necessary, professional staff to render the services to be performed under this Agreement. The County agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, actions, losses and liabilities (including costs, expenses and all reasonable attorneys' fees) 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 to the extent caused by the negligent acts, errors or omissions of the County, its partners, shareholders, agents, employees, or by the County's breach of this Agreement. HUMAN SERVICES AGREEMENT - 2 - 1/2023 CITY OF CITY HALL , AN Feed a r� 11lUay . Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 5.2 Industrial Insurance Act Waiver. The County waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW. The County's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the County, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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. 6. INSURANCE. The County agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the County, 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. Self -Insurance Program. King County, a charter county government under the constitution of the State of Washington, hereinafter referred to as "County", maintains a fully funded Self -Insurance program as defined in King County Code 4.12 for the protection and handling of the County's liabilities including injuries to persons and damage to property. The City acknowledges, agrees and understands that the County is self -funded for all of its liability exposures. The County agrees, at its own expense, to maintain; through its self -funded program, coverage for all of its liability exposures for this Agreement. The County agrees to provide the City with at least thirty (30) days' prior written notice of any material change in the County's self -funded program and will provide the City with a certificate of self-insurance as adequate proof of coverage. The City further acknowledges, agrees and understands that the County does not purchase Commercial General Liability insurance and is a self -insured governmental entity; therefore, the County does not have the ability to add the City as an additional insured. 6.2. No Limit of Liability. City's acknowledgement of County's fully funded self-insurance program shall not be construed to limit the liability of the County to the coverage provided by such program, or otherwise limit the City's recourse to any remedy available at law or in equity. The County's self-insurance program 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 County's insurance and shall not contribute with it. 6.3. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by County in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Countymay be grounds for immediate termination. All records submitted by the City to the County will be safeguarded by the County. The County will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. HUMAN SERVICES AGREEMENT - 3 - 1/2023 CITY OF CITY HALL .�. Fe d e ra 11111ay Feder 8th Avenue South Aw,!tFederal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com 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 County while performing the Services shall belong to the City upon delivery. The County 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 County shall be delivered to the City. 9. BOOKS AND RECORDS. The County agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be maintained for a period of six (6) years after the termination of this Agreement and may 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. The Parties intend that the County shall be an independent contractor and that the County 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 County sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. County shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services and work and shall utilize all protection necessary for that purpose. All work shall be done at County's own risk, and County 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. The County shall pay all income and other taxes due 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 County, shall not be deemed to convert this Agreement to an employment contract. 11. CONFLICT OF INTEREST. It is recognized that County may or will be performing services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with County's ability to perform the Services. County agrees to resolve any such conflicts of interest in favor of the City. County confirms that County 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 County's selection, negotiation, drafting, signing, administration, or evaluating the County's performance. 12. EOUAL 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 County or its subcontractors of any level, or any of those entities' employees, agents, sub -agencies, 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. County 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. HUMAN SERVICES AGREEMENT - 4 - 1/2023 tIry of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederatway com 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 County 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 County 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 County'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 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 HUMAN SERVICES AGREEMENT - 5 - 1/2023 ` Federal Way Feder CITY OF HALL 3332 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cayoffederaiway com 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, 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 County 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] HUMAN SERVICES AGREEMENT - 6 - 1 /2023 ,*S,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: DATE: J. Ryan Call, City Attorney PUBLIC HEALTH OF SEATTLE- KING COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before" me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires HUMAN SERVICES AGREEMENT - 7 - 1 /2023 ` CITY OF �. Federal Proiect Services Summary CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. corn EXHIBIT A SERVICES The County shall provide free, walk-in dental care and social service referrals to unhoused individuals in the City of Federal Way. The County shall ensure that services provided with funding under this Agreement are made available to people residing in Federal Way. Performance Measures A. Number Served The County agrees to serve, at minimum, the following unduplicated number of people residing in Federal Way with Human Services funds: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN. — APRIL — JULY — OCT. — MARCH NNE SEPT. DEC. No. of unduplicated Federal Way persons assisted in 2023 7 7 7 7 28 No. of unduplicated Federal Way persons assisted in 2024 7 7 7 7 28 B. Units of Service The County agrees to provide, at minimum, the following units of service by quarter: 1st 2nd 3rd 4th Quarter Quarter Quarter Quarter Total JAN. — APRIL — JULY — OCT. — MARCH NNE SEPT. DEC. 2023 1. Dental Care 7 8 7 8 30 2024 1. Dental Care 7 8 7 8 30 Units of service are measured by the number of dental care visits provided via mobile van. HUMAN SERVICES AGREEMENT - 8 - 1/2023 `CITY OF Federal C. Outcome Measure(s) CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www clyoffederatway com Outcome: Dental patients will complete referrals for additional dental treatment. Indicator: Additional treatment services will be provided by Mobile Medical dentist or confirmed via referral process and measured monthly for follow-through. Target: 35% Records A. Project Files The County shall maintain files for this project containing the following items: 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Agreement with the Scope of Services. 4. Correspondence regarding budget revision requests. 5. Copies of all invoices and reports submitted to the City for this project. 6. Bills for payment with supporting documentation. 7. Copies of approved invoices and warrants. 8. Documentation of client address; residency verified via King County Parcel Viewer. 9. Documentation of client income. The County agrees to use the following HUD Income Guidelines to report income of clients served under this Agreement. King County FY 2022 Income Limits Summary Median FY 2022 Income Income 1 2 3 4 5 6 7 8 King Limit Person Persons Persons Persons Persons Persons Persons Persons County Category Extremely Low (30%) $27,200 $31,050 $34,950 $38,800 $41,950 $45,050 $48,150 $51,250 Income Limits Very Low $134,600 (50%) Income $45,300 $51,800 $58,250 $64,700 $69,900 $75,100 $80,250 $85,450 Limits Low (80%) $66,750 $76,250 $85,800 $95,300 $102,950 $110,550 $118,200 $125,800 Income Limits Income guidelines may be adjusted periodically (annually) by HUD. The County agrees to use updated Annual Income Guidelines which will be provided by the City. HUMAN SERVICES AGREEMENT - 9 - 1 /2023 CITY OF ., Federal Reports and Reporting Schedule CITY HALL ■ ,R ■�� 33325 8th Avenue South 1Y■iY■ Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com The County is required to collect all data and submit required forms using an Excel template found and submitted via Share App (instructions to be provided). Required forms shall be submitted quarterly and/or annually. 1 st, 2nd, and 3rd quarterly reports are due no later than the 15th of the month following the end of each quarter, i.e. April 15, July 15, and October 15. 4th quarter reports are due no later than the first week of January in order to comply with City end -of -year accounting procedures. City staff will communicate official January due date(s) during the first week of December. Quarterly Service Unit Report (due with each submittal): Submitted Excel report uploaded through Share lApp, data from this form will be used to track each program's progress toward meeting the goals stipulated in the Scope of Services. Reimbursement Request (due with each submittal): Included as the first page of the Excel form, this form will serve as the invoicing mechanism for payment to your agency/program. Reimbursement requests must be signed and uploaded through Share lApp. Annual Demographics Report (due 4th quarter): Submitted via Excel form, the agency shall collect and retain data requested on this form from persons served through this Agreement. Data should be tracked in an ongoing manner and submitted annually in SharelApp by January 15th. Annual Outcomes Report (due 4th quarter): Submitted via°Excel form, data should demonstrate the program's progress toward Outcomes specified in the Scope of Services. Outcome data shall be submitted in Share 1 App annually by January 15th. The County shall implement and track at least one measurable outcome for the program as presented in the application. Changes to the outcome(s) presented in the application must be approved by the City prior to implementation. Public Information In all news releases and other public notices related to projects funded under this Agreement, the County will include information identifying the source of funds as the City of Federal Way Human Services General Fund Program. HUMAN SERVICES AGREEMENT - 10 - 1/2023 CITY OF `: Fe d e ra t Proiect Budget CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www a tyoffederahvay. com EXHIBIT B COMPENSATION The County shall apply the following funds to the project. The total amount of compensation pursuant to this Agreement shall not exceed Fourteen Thousand and 00/100 Dollars ($14,000.00). City of Federal Way Funds 2023 2024 City of Federal Way General Fund: $7,000.00 $7,000.00 Total City of Federal Way Funds: $7,000.00 $7,000.00 Reimbursement Requests and Service Unit Report forms shall be submitted no less frequently than quarterly and are due on the following dates: 1 st Quarter: April 15 or within 10 days of notice to proceed, whichever is later; 2nd Quarter: July 15; 3rd Quarter: October 15; and 4th Quarter: Final Reimbursement Request and Service Unit Report forms due January 8; Demographic Data Report and Annual Outcome Data Report due January 15. The Reimbursement Request form, included as the first page of the Excel form, serves as the invoicing mechanism for payment to your agency/program for service provided pursuant to this agreement. Reimbursement requests must be signed and uploaded through SharelApp and are due with each submittal as provided in Exhibit A. Estimated Quarterly Payments: 2023 1st Qtr $1,750.00 2nd Qtr $1,750.00 3rd Qtr $1,750.00 4th Qtr $1,750.00 2024 1st Qtr $1,750.00 2nd Qtr $1,750.00 3rd Qtr $1,750.00 4th Qtr $1,750.00 Quarterly payment requests shall not exceed the estimated payment without prior written approval from the City, proof of which must be provided with any corresponding payment request. Estimated quarterly payments are contingent upon meeting or exceeding the above performance measure(s) for the corresponding quarter. This requirement may be waived at the sole discretion of the City with satisfactory explanation of how the performance measure will be met by year-end on the Service Unit Report. HUMAN SERVICES AGREEMENT - 11 - 1/2023 COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2024 WORK PLAN AND BUDGET POLICY QUESTION: Should City Council approve the proposed SKHHP 2024 Work Plan and Budget? COMMITTEE: Parks, Recreation, Human Services, & Public MEETING DATE: June 13, 2023 Safety CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford DEPT: Community Development Attachments: 1. Staff Report 2. SKHHP Resolution No. 2023-01 Options Considered: 1. Approve the proposed SKHHP 2024 Work Plan and Budget. 2. Do not approve proposed SKHHP 2024 Work Plan and Budget and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial Initial/Date DIRECTOR APPROV Initial COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2024 Work Plan and Budget to the June 20, 2023, consent agenda for approval. Chair -A Committee *ember Committee Member PROPOSKb COUNCIL MOTION: "I move approval of the proposed SKHHP 2024 Work Plan and Budget. " (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: June 13, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator Sarah Bridgeford, Community Services Manager s-%p SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2024 Work Plan and Budget Financial Impacts: The City incurs costs as a member city of the South King Housing and Homelessness Partners (SKHHP). The costs are associated with the annual fee as presented in the SKHHP 2024 Budget offered for Council consideration. Member jurisdiction contributions are based on population size. The City's contribution of $51,710 in 2024 is included in the 2023-2024 budget. Background Information: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement between nine South King County cities and King County to work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. Consistent with the SKHHP Interlocal Agreement, the SKHHP 2024 work plan and budget must be approved by each legislative body of the SKHHP member jurisdictions and be adopted by the SKHHP Executive Board. Every year, an annual work plan and budget is developed in collaboration with the SKHHP Executive Board, Advisory Board, and staff work group to guide the work of SKHHP staff in the coming year. The 2024 draft work plan was developed through surveys of the priorities of the Executive and Advisory Boards in February and a workshop with the Executive Board in March. The draft 2024 work plan was then reviewed with the SKHHP Advisory Board on April 6, 2023, and the Executive Board at their regularly scheduled meeting on April 19, 2023. Feedback from those meetings was incorporated and a revised draft was shared with the Executive Board to review with member Councils. The draft was then shared with the City of Federal Way Council to solicit questions. Rev. 7/18 The 2024 work plan includes four goals with corresponding objectives and action items. Each action item -is prioritized -as-higher,-medium,-or lower priority. Indicators are -included - to measure progress on the goals. The four goals include the following: 1. Fund the expansion and preservation of affordable housing; 2. Develop policies that expand and preserve affordable housing; 3. Serve as advocate for South King County; and 4. Manage operations and administration. The 2024 SKHHP operating budget totals $419,158, supporting two full-time staff, and includes itemization of all categories of budgeted expenses and itemization of each jurisdiction's contr&Ltiah, including in -kind services. Operating revenues originate from SKHHP member contributions. Contributions are proposed to increase 15% annually for each member city through 2026 as approved by the Executive Board in July 2021 to work towards a balanced budget. These projected numbers assume no additional staff would be added. Member contributions are based on population size as outlined in the following table: Population tier 2023 Contribution 2024 Contribution 2025 Contribution i 2026 I Contribution <10,000 $5,290 $6,084 $6,996 $8,045 10,001-35,000 $9,919 $11,407 $13,118 $15,085 35,001-65,000 $19,838 $22,814 $26,236 $30,172 65,000-100,000 1 $34,385 $39,543 $45,474 $52,295 100,000+ $44,965 $51,710 $59,466 $68,386 Expenses impacted by inflation are proposed to increase by 5% in 2024, including salaries and benefits. SKHHP continues to spend down the fund balance from cost -savings in 2019 and 2020 to mitigate any additional increases to member contributions. Recommendation: Staff recommends approval of the 2024 SKHHP work plan and budget. This recommendation is based on the following: 1. The 2024 SKHHP work plan and budget is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, Tukwila, and King County. 2. The 2024 SKHHP work plan and budget incorporates the feedback and priorities of the SKHHP Executive Board made up of representatives of each participating jurisdiction and the Advisory Board made up of South King County community members, representatives of housing organizations, and affordable housing subject matter experts. Rev. 7/18 RESOLUTION NO. 2023-01 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of ail categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2024 work plan includes four goals with corresponding action items that further SKHHP's mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this 22nd day of May. 2023 ) `1 n U-6 NANCY ACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Resolution No. 2023-01 May 19, 2023 Page 1 of 7 RESOLUTION 2023-01 — ATTACHMENT A SKHHP 2024 WORK PLAN PURPOSE Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. BACKGROUND Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. The work plan is organized into four goals with corresponding objectives and action items. Each action is identified by priority as follows: Higher — Identified as higher priority by Executive Board or is necessary to carry out the Interlocal Aggree� Agreements its Medium — Identified as mid -level priority Lower — Identified as lower priority Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May I Quarter 2: August I Quarter 3: November I Quarter 4: February In accordance with the Interlocal Agreement, the 2024 SKHHP work plan and budget will be approved by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. GOALS & OBJECTIVES Number Goal j Objective 1 Fund the expansion and Coordinate public resources to attract preservation of affordable housing. greater private and public investment for affordable housing in South King County. Develop policies to expand and preserve affordable housing. 3 Serve as advocate for South King County. 4 Manage operations and administration. ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 2 of 7 Share technical information and resources to promote sound housing policy. Provide a unified voice to advocate for South King County needs at a local, re ig onal. and state level. Sustain operational commitments and Interlocal Agreement requirements. Goal 1 Fund the expansion and preservation of affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 1. Develop a long-term funding strategy for the Housing Capital Fund and — facilitate conversations with member jurisdictions to identify and explore dedicated sources of revenue for affordable housing at the local and regional level. 2. Pool resources from member jurisdictions for the Housing Capital Fund, ••• including SHB 1406 and HB 1590 funds. 3. Manage 2023 Housing Capital Fund funding round including facilitating ••• approval from participating Councils and preparing contract documents. 4. Manage 2024 Housing Capital Fund funding round including adopting ••• annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. 5. Encourage investment by private investors, lenders, and philanthropies. ••• 6. Work with member cities and project sponsors to start developing a • • pipeline of projects to be funded over the next five years. Indicators o Number of housing units or number of projects funded with financial support from SKHHP o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund o Geographic diversity of applications received for annual Housing Capital Fund funding round Resolution No. 2023-01 May 19, 2023 Page 3 of 7 SIN Develop policies to expand and preserve affordable housing. Actions Priority of Actions ••• = Higher • • = Medium • = Lower 7. Develop subregional housing preservation strategies and facilitate ••• implementation. 8. Facilitate technical assistance and updates to the Affordable Housing • • • Inventory Dashboard. 9. Build relationships with developers to learn from their perspective the •• ways to encourage housing development, especially affordable housing. 10. Continue to refine and update housing policy matrix. • 11. Convene land use planners to increase coordination and collaboration ■ on housing policy and planning. 12. Develop SKHHP Executive Board briefings on key housing and • homelessness topics, especially as they relate to the goals of the work plan. Indicators o Number of preservation policies explored with members of the Executive Board o Successful update of data and deployment of the Affordable Housing Inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 4 of 7 Goal 3 Serve as advocate for South King County. Actions Priority of Actions •+• = Higher •• = Medium • = Lower 13. Coordinate with the Advisory Board in collaboration with housing •• organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community members. 14. Work collaboratively with public funders at the state and local levels to •• promote shared affordable housing goals and equitable geographic distribution of resources. 15. Produce public -facing communications content that highlights South • King County through social media and newsletters. 16. Represent SKHHP at relevant local and regional meetings and forums • that help advance SKHHP's mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. Indicators o Number of events or engagement opportunities Advisory Board members organize or support o Number of communications published o Number of meetings, forums, or events attended that advance SKHHP's mission Resolution No. 2023-01 May 19, 2023 Page 5 of 7 Goal 4 Manage operations and administration. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 17. Develop annual work plan and budget. ••• 18. Generate and distribute quarterly progress reports to SKHHP Executive Board and member iurisdictions. ••• 19. Work with administering agency to maintain records and produce regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. ••• 20. Organize and host monthly Executive and Advisory Board public meetings. ••• 21. Manage the Affordable Housing Inventory Dashboard contract. ••• 22. Maintain and update the SKHHP website. •• 23. Advance work on SKHHP Foundation efforts to establish logistics, administration, and pursue federal nonprofit status. •• Indicators o Work plan and budget adopted o Quarterly progress reports prepared and presented to Executive Board o Financial reports and public records maintained o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled o Website maintained o Application submitted for SKHHP Foundation 501c3 status Resolution No. 2023-01 May 19, 2023 Page 6 of 7 RESOLUTION 2023-01 - ATTACHMENT B 2024 SKHHP Operating Budget Estimated beginning fund balance - January 1, 2024 $ 205,736 Estimated ending fund balance -December 31, 2024 $ 144,877 REVENUES Auburn $ 39,543 Burien $ 22,814 Covington $ 11,407 Des Moines $ 11,407 Federal Way $ 51,710 Kent $ 51,710 Maple Valley $ 11,407 Normandy Park $ 6,084 Renton $ 51,710 Tukwila $ 11,407 King County* $ 51,710 Additional King County* $ 23,290 Interest earnings $ 2,100 Office space (in -kind donation) $ 12,000 TOTAL REVENUES $ 358,299 Spend down balance $ 60,859 TOTAL $ 419,158 EXPENSES Salaries and benefits $ 305,344 Interfund IT $ 31,500 Advisory Board compensation $ 14,400 Office space (in -kind donation) $ 12,000 Other professional services/Misc. $ 6,400 Travel $ 5,250 Professional development $ 5,250 Supplies $ 2,000 Subtotal $ 382,144 Administering agency - 10% admin fee** $ 37,014 TOTAL $ 419,158 "King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. **10% administrative fee is calculated as a percentage of operating costs which excludes in -kind donations and carry -forwards. Resolution No. 2023-01 May 19, 2023 Page 7 of 7 COUNCIL MEETING DATE: June 20 2023 ITEM #: / • CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KING COUNTY REGIONAL AGREEMENT OPIOID ABATEMENT COUNCIL INTERLOCAL AGREEMENT POLICY QUESTION: Should City Council approve the King County Regional Agreement Opioid Abatement Council Interlocal Agreement? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. King County Regional Agreement Opioid Abatement Council Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMEND ION: Option 1. MAYOR APPROVAL: 3DIRECTOR APPROVAL: 7 June 2023 Ce itte Co cil Initial/Date Inital D c Initial Dat COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the June 20, 2023 consent agenda for approval. " omnvttee ember Committee Member PROPOSED COUNCIL MOTION: `I move approval of the proposed Agreement, and authorize the Mayor to cti%culeAald 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 — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD Community Development Director Sarah Bridgeford, Community Services Manager(5�6 SUBJECT: King County Regional Agreement Opioid Abatement Council Financial Impacts: The cost to the City for the King County Regional Agreement Opioid Abatement Council will be 10% of the annual settlement proceeds received by the City to cover the administrative costs. The proposed agreement includes the City's Real Estate Excise Tax (REET) as the funding source, though an alternate may be agreed upon. The City will identify and approve a funding source, which may or may not be REET, at a later date to be compliant with the agreement. While each city will initially contribute 10% of the settlement funds it receives each year, King County as the OAC administrator will true up administrative costs at the end of each year and each agency will pay a portion of those administrative costs proportionate to the amount of the settlement funds it received compared to the amount received by the remaining parties. However, this true -up cannot exceed 10% of the settlement amount the City received. This true -up will occur in the first quarter of each year, beginning in 2024. Background Information: Litigation against several opioid manufacturers and distributors settled with a number of states. Washington's settlement required that all local governments, in order to receive a portion of the settlement funds allocated to their state, enter into an agreement through which they agreed to use the settlement funds toward approved purchases and to form, at the county level, an "Opioid Abatement Council" (OAC) to be responsible for monitoring expenditures reported by those local governments for compliance with the settlement agreement. Through this interlocal agreement, local governments located within King County who joined in the class action lawsuits will maintain full discretion to use and distribute their allocation of opioid settlement funds as they determine is best, so long as their expenditures meet the requirements of the settlement agreement. Opioid settlement funds can be used to Rev. 7/18 treat opioid use disorders and to take action aimed at preventing opioid use disorders, responding to the opioid epidemic, and abating the opioid epidemic through leadership, planning, and coordination efforts. The OAC formed through this interlocal agreement will monitor distributions and expenditure of opioid settlement funds. Additionally, the OAC will fulfill the requirement to develop and maintain a public dashboard for the publication of expenditure data from local governments' use of the settlement funds. The OAC will be comprised of 2 representatives from King County, 1 representative from Seattle, and 1 representative chosen from the remaining 24 local governments to represent them. This representative allocation is proportional to the share of settlement funds each of these agencies received from the total allocated to Washington.' Rev. 7/18 KING COUNTY REGIONAL AGREEMENT OPIOID ABATEMENT COUNCIL This regional agreement for an opioid abatement council is entered into among King County and the cities of Auburn, Bellevue, Bothell, Burien, Covington, Des Moines, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Mercer Island, Newcastle, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Snoqualmie, Tukwila and Woodinville, each a "Party" and jointly "Parties." SECTION 1. RECITALS WHEREAS, the State of Washington and other local governments have engaged in litigation with entities who manufacture, distribute, and dispense prescription opioids; and WHEREAS, the opioid litigation has resulted in various settlements and/or judgments with direct money payments to be made to the state and its eligible political subdivisions; and WHEREAS, the One Washington Memorandum of Understanding Between Washington Municipalities ("the MOU"), attached hereto with Exhibits A, B, and C, and incorporated by reference, which has been previously approved and executed by the Parties, requires the formation of an opioid abatement council; and WHEREAS, the undersigned Parties do hereby adopt and implement this Agreement for the creation of the King County Regional Opioid Abatement Council ("OAC"), to be bound by the terms of this Agreement, the MOU and exhibits thereto, the settlement agreement provisions, and any applicable state statute(s). NOW, THEREFORE, it is hereby agreed by the Parties: SECTION 2. DEFINITIONS 1. "Approved Purposes" refers to the strategies specified and set forth in Exhibit A to the MOU. 2. "OAC Administrator" shall mean King County, the Party who shall perform the duties assigned to the OAC Administrator in Section 4.C. 3. "Opioid Funds" shall mean monetary amounts obtained through a settlement, judgment or any other manner from the Opioid Litigation. 4. "Opioid Litigation" shall mean the litigation between state and/or local jurisdictions and Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries, Allergan, Walgreens, Walmart, and CVS. 5. "National Settlement Agreement(s)" or "Settle ment(s)" means the national opioid settlement agreements involving Johnson & Johnson, and distributors Amerisource Bergen, Cardinal Health, and McKesson; and the national opioid settlement agreements involving Teva Pharmaceutical Industries, Allergan, Walgreens, Walmart, and CVS. Page 1 King County Regional Agreement For Opioid Abatement Council SECTION 3. PARTICIPATING ENTITIES The Parties to this Agreement are the political subdivisions in King County entitled to direct payment of Opioid Funds pursuant to the National Settlement Agreements derived from the Opioid Litigation. SECTION 4. CREATION OF THE KING COUNTY REGIONAL OAC Consistent with the MOU Exhibits A, B and C, the Parties create and establish the OAC to perform the duties and functions set forth in the MOU and herein. A. OAC Members 1. Membership— Representation on the OAC shall be roughly proportional to Opioid Fund distribution with a total of four party representatives: two from King County, one from the City of Seattle, and one chosen by the Sound Cities Association (SCA). All persons who serve on the OAC must have prior work or educational experience pertaining to one or more of the Approved Purposes. 2. Chair — As the OAC Administrator, one of the King County representatives to the OAC shall be the chairperson to preside at and lead all meetings of the OAC and to act as the representative of the OAC in any matters contemplated by the MOU. The chairperson is entitled to vote on all OAC business and at King County's discretion, the role of the chairperson may alternate between the two King County OAC representatives. 3. OAC Vacancies — In the event the OAC has a vacancy, the Party or Parties whose representative vacated the position shall select a new member for the OAC. 4. Alternates — Parties may designate alternate representatives to serve on the OAC in the absence of the Party or Parties' primary representative. Alternates must meet the same work/educational experience requirements as primary representatives B. Duties of the OAC 1. Oversight— As provided in this Agreement, the OAC shall monitor distribution, expenditure, re -allocation, and dispute resolution related to the Parties' allocations of Opioid Funds for Approved Purposes within the King County Region. 2. Data Requirements —The OAC shall determine what data and in what form and under what timelines the Parties must provide to the OAC Administrator regarding the Parties' Opioid Fund allocation expenditures. 3. Reports —The OAC shall annually review reports prepared by the OAC Administrator of the Parties' Opioid Funds allocation expenditures for compliance with the Approved Purposes and the terms of the MOU and any Settlement. 4. Re -Allocation of Opioid Funds —If the OAC is notified that a Party will forego some or all of its allocation of Opioid Funds, the OAC shall: (i) Request and then approve or deny proposals from other Parties and/or community groups for use of the allocation within the King County Region; and (ii) Direct the trustee responsible for releasing Opioid Funds to distribute the allocation to the Party(ies) and/or community group(s) whose proposals were approved by the OAC. Page 2 King County Regional Agreement For Opioid Abatement Council 5. Reporting —The OAC shall report and make publicly available all decisions on Opioid Fund allocation and re -allocation applications, proposals, distributions, and expenditures by the OAC and the Parties. 6. Dashboard —The OAC shall develop and maintain a centralized public dashboard or other repository for the publication of expenditure data from the OAC and the Parties that receive Opioid Funds. The dashboard or repository shall be updated at least annually. 7. Outcome Data — If necessary, the OAC shall require and collect additional outcome - related data from the Parties to evaluate the use of the Opioid Funds. The OAC shall work with the Parties to determine the type of outcome data to be collected. 8. Complaints —The OAC shall establish a process for hearing complaints and resolving disputes by Parties regarding the alleged failure of the OAC or a Party to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements. 9. Noncompliance — If the OAC finds that a Party's expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes of the MOU, or that the Party otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Party. Such remedial action is left to the discretion of the OAC and may include notifying the Settlement Fund Administrator of the noncompliant expenditure(s) and requesting suspension of direct payments to the offending Party and re -allocation by the OAC consistent with Section B.4. C. Duties of the OAC Administrator 1. Receipt of Expenditure Reports —The OAC Administrator shall receive and maintain the expenditure reports provided by the Parties pursuant to Section D.8 and shall provide them to the members of the OAC for the annual review required under Section B.3. 2. Re -Allocation — The OAC Administrator shall be responsible for requesting proposals, notifying the Settlement trustee as required, and maintaining records of distribution decisions for Opioid Funds subject to re -allocation under Section B.4. 3. Reporting— (i) The OAC Administrator shall fulfill the OAC's responsibilities for collecting data, preparing reports, and making information publicly available, including through the development, maintenance, and annual updating of a centralized public dashboard or other repository. (ii) The OAC Administrator shall set deadlines for the Parties to submit data to the OAC and the OAC shall not be responsible for any deficiencies in data or reports due to the failure of a Party to meet those deadlines or the reporting requirements under Section D. (iii) Nothing in this Section C shall relieve a Party of its responsibilities to maintain, report, and produce data or records as required by Section D, the MOU, and/or any Settlement Agreement. 4. Outcome Data —If the OAC determines that outcome -related data will be collected, the OAC Administrator will receive such data from the Parties and prepare any related reports as directed by the OAC. Page 3 King County Regional Agreement For Opioid Abatement Council 5. Records Retention —The OAC Administrator shall maintain OAC records for no less than five (5) years and shall make such records available for review by other Parties or the public. Records requested by the public shall be produced in accordance with the Washington Public Records Act, chapter 42.56 RCW. Nothing in this section supplants any Party's obligations to retain and produce its own records as provided in this Agreement. 6. Accounting of Administrative Expenses —The OAC Administrator shall prepare the annual accounting of OAC administrative expenses. D. Duties of the Parties 1. Notice of OAC Representative — Parties shall notify the OAC Administrator of its OAC representative and alternate, if any, and shall timely fill vacancies. 2. Use and Distribution of Opioid Funds — Parties shall maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. 3. Notice to Forego Allocation — If a Party chooses to forego its allocation of Opioid Funds, it will notify the OAC so the funds can be re -allocated as provided in Section B.4. A Party's notice that it will forego its allocation of Opioid Funds shall apply to all future allocations unless the Party notifies the OAC otherwise. A Party is excused from the reporting requirements set forth in this Agreement for any allocation of Opioid Funds it foregoes. 4. Allocation Amount — If a Party disputes the amount it receives from its allocation of Opioid Funds, the Party shall resolve the dispute with the Settlement Fund Administrator. However, the Party shall alert the OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert the OAC within this timeframe shall not constitute a waiver of the Party's right to seek recoupment of any deficiency in its allocation. 5. Collaboration — Parties may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds as long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the MOU and the Settlements. 6. Proposal Methodology — Parties shall develop and implement a methodology for obtaining, receiving, and reviewing proposals for use of their allocation of Opioid Funds. 7. Community -Based Input — Parties shall ensure an opportunity for community -based input on priorities for Opioid Fund allocation strategies. 8. Reporting— Parties shall report to the OAC Administrator on all expenditures of Opioid Fund allocations. The specific data to be provided shall be determined by the OAC. 9. OAC Administrative Payment —As further described in Section 6, beginning in 2023 each Party shall contribute 10% of its annual Opioid Funds allocation to pay for OAC Administrative Costs. 10. Party's Administrative Costs — After the 10% OAC Administrative Costs contribution, the administrative costs for a Party to administer its allocation of Opioid Funds shall not exceed 10% of the remaining allocation or actual costs, whichever is less. Page 4 King County Regional Agreement For Opioid Abatement Council 11. Records Retention — Parties shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available for review by other Parties, the OAC, or the public. Records requested by the public shall be produced in accordance with the Washington Public Records Act, chapter 42.56 RCW. Records requested by another Party or the OAC shall be produced within twenty-one (21) days of the date the record request was received. Nothing in this Agreement supplants any Party's obligations under the Washington Public Records Act. SECTION 5. OAC ACTION A. The OAC shall take action by way of motion and such motions shall be adopted if approved by a favorable majority vote. B. Any action by the OAC shall not be effective unless approved by a quorum of the members. The OAC quorum shall be a simple majority of its members. SECTION 6. FINANCING OF OAC ADMINISTRATIVE COSTS A. The CAC Administrator shall act as the fiscal agent for the OAC and shall hold funds and pay, either directly or through reimbursement, administrative costs related to the OAC ("OAC Administrative Costs"). B. Beginning in 2023, each Party shall contribute 10% of its allocation of Opioid Funds to an appropriate fund held by King County Treasury to pay for OAC Administrative Costs. The OAC Administrator shall annually calculate and notify each Party and King County Treasury of the amount of each Party's required contribution. Within 90 (ninety) days of receiving notification, King County Treasury shall transfer the appropriate amounts from each Party's Real Estate Excise Tax (REET) account to the OAC Administrative Costs fund. King County Treasury and a Party may agree on a procedure other than REET transfer for accepting a Party's contribution. C. Each Party's share of responsibility for annual OAC Administrative Costs shall be proportionate to the number of Opioid Funds the Party received in that year as compared to the amount received by other Parties. D. OAC administrative expenses shall not exceed 10% of the Parties' combined annual Opioid Funds received or actual costs, whichever is less. This does not preclude a Party from using 10% of its remaining allocation of Opioid Funds, after it's OAC Administrative Cost contribution, for its own administrative costs as outlined in the MOU and in Section D.10. E. Beginning in 2024, the OAC Administrator shall provide the Parties with an annual accounting for the prior year (July 1 to June 30) of all actual OAC Administrative Costs along with the allocation showing each Party's proportionate share of the costs. F. If the amount contributed by a Party to the OAC Administrative Costs fund under Section 6.13 in a year exceeds that Party's proportionate share of the OAC Administrative Costs for that year, Page 5 King County Regional Agreement For Opioid Abatement Council King County Treasury shall retain the excess amount in the OAC Administrative Costs fund and reduce that Party's required contribution for the following year by that same amount. Any excess contributions remaining in the fund after termination and payment of all OAC Administrative Costs will be returned to the contributing Party for use as authorized by the MOU. SECTION 7. DURATION This Agreement shall be effective for the time period that the political subdivisions receive payments under any of the Opioid Litigation claims and shall continue to be effective until one year after the final payment of such funds. SECTION 8. TERMINATION This Agreement shall be self -terminating one year after the final distribution of funds and all reporting finalized through or by the Parties to the MOU. SECTION 9. MODIFICATIONS OR AMENDMENTS This Agreement may be modified or amended upon written agreement by all participating Parties, except that the OAC may amend the definitions of Opioid Litigation and National Settlement Agreements in order to make this Agreement applicable to future opioid litigation settlements. Any modifications or amendments to the Agreement must be consistent with the terms of the MOU and the Settlements. SECTION 10. HEADINGS The article headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the articles to which they appertain. SECTION 11. ENTIRE AGREEMENT This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all previous discussions and agreements. Understandings, representations, or warranties not contained in this Agreement or a written amendment hereto shall not be binding on any Party. SECTION 12. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. Page 6 King County Regional Agreement For Opioid Abatement Council In the event any portion of this Agreement should become invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. SECTION 13. NON-DISCRIMINATION The Parties, their employees, and agents shall not discriminate against any person based on any reason prohibited by Washington state or federal law as adopted or subsequently amended. SECTION 14. COMPLIANCE WITH LAWS The Parties shall observe all federal, state, and local laws, ordinances, and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION 15. GOVERNING LAW; VENUE This Agreement has and shall be construed as having been made and delivered in the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions hereto shall be instituted only in courts of competent jurisdiction within King County, Washington, unless relocation or commencement elsewhere is required by law. WHEREFORE, the undersigned executive authorities do hereby approve and adopt the Agreement as set forth herein. Done on this _ day of , 2023. Name and Title Mayor Jim Ferrell On Behalf Of City of Federal Way Page 7 King County Regional Agreement For Opioid Abatement Council COUNCIL MEETING DATE: June 20, 2023 ITEM #: 7k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SECURITY FOR CITY PARKS AND FACILITIES POLICY QUESTION: Should the City Council approve the contract with Pierce County Security, Inc. and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS MEETING DATE: June 13, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Autumn Gressett DEPT: Parks Attachments: 1. Staff Report 2. Security for City Parks and Facilities Professional Services 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: Initial/Date DIRECTOR APPROVAL: D 47 Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the June 20, 2023, consent agenda for approval. " mmittee mb r Committee Member PROPOSED" COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute sdi�d 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 — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton, Parks Director SUBJECT: Security for City Parks and Facilities Financial Impacts: The cost to the City for Security Services was included within the approved budget under the Parks Department, 114-1810-331-576-80-410. In accordance with the approved budget, this item is funded by General Fund. Background Information: The contract for Security for City Parks and Facilities expires this year. Staff requested quotes for services in April to secure a new contract that will ensure continuity of security services and the safety of our valued public spaces and the public who uses them. Based on a thorough evaluation of submitted quotes, Pierce County Security, Inc. was the lowest bidder, offering cost-effective security services. Staff recommends a three-year term contract. Rev. 7/18 CITY OF CITY HALL Fed era ! Way 33325 Avenue South Federall Way, WA 980038003-6325 (253) 835-7000 www cityoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR SECURITY FOR CITY PARKS AND FACILITIES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pierce County Security, Inc., a Washington 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: PIERCE COUNTY SECURITY, INC.: Glen Weller, President 2002 99th Street E Tacoma, WA 98445 (253) 535-4433 (telephone) (253) 535-0747 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: George Richen, Parks & Facilities Manager 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) (253) 835-2709 (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 Services specified in this Agreement, but in any event no later than June 30, 2026 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, 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. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services 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. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and 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 Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, 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 PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederatway com 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 of Services and payment under 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 Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do 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 Nan -Appropriation of Funds. 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 Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 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 acts, errors or omissions of the Contractor in 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, including the duty and cost to defend, 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 party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties 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, PROFESSIONAL SERVICES AGREEMENT - 2 - 1Rev. 7/2021 CITY OF CITY HALL 8th Avenue South Federal Way, WA 98003-6325 Fe d e ra I �Ullay (253) 835-7000 www cityoffederalway com 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. 6. INSURANCE. 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, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 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 a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this 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 with respect to 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 Contractor's insurance. 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 the 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 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 and subject to applicable laws. Breach of confidentiality by the PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 www. cityoffederalway com 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 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 that may be produced or modified by Contractor while performing the Services 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 Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all 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. 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 or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. 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 Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. 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. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; 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, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EOUAL 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 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, honorably discharged veteran or military status, sexual PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 4 33325CITY OF CITY HALL ., Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci yoffederalway com orientation including gender expression or identity, 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, 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 Parts 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 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 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 ` CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederahvay com 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; 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] PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 ` CITY OF CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney PIERCE COUNTY SECURITY, INC.: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of Pierce County Security, Inc. 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 they were 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 2023. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 ` Federal Way Feder CITY OF CITY HALL Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. cifyoffederalway com EXHIBIT A SERVICES The Contractor shall do or provide the following: I. The Contractor will furnish all labor, tools, vehicles, and specialized equipment to accomplish the following contracted services: Locking gates and restrooms upon park closures, which is generally dusk. However, sporting and special events as referenced under each location, can cause this time to vary, varied times will be mutually agreed upon between City and selected contractor at least 48 hours in advance, ensuring park patrons have left City property and restrooms prior to locking. Flexibility in locking schedule is required when seasonal events or permitted activities are occurring in parks after hours, such as concerts and softball or soccer tournaments. 2. The Contractor shall have a Certified Protection Professional (CPP) professional on staff that can oversee and train staff properly. The City will consider similar certifications, years of experience, or other applicable qualifications that clearly demonstrate the key components of security as an alternative. 3. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State laws, regulations, and practices with respect to work performed for the City of Federal Way. Contractor and employees shall be trained and skilled to perform security duties. 4. The Contractor's personnel will conduct themselves on site in a professional manner at all times. 5. Each employee will wear or display the company's name and/or logo while performing work under the contract. Vehicles working on City sites will have company name and phone number displayed. 6. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center by calling 911. The Contractor shall report any damage to City property or private property caused by the Contractor or Contractor's employees and, at his or her expense, will remedy any damage to public or private property in a timely manner and as agreed to in writing with the City. 7. Incidents, altercations, or accidents involving the public shall be reported to the City's contract administrator within 24 hours. The administrator, at their discretion, may require a written report from the Contractor describing the incident or accident. The Contractor agrees to participate in any investigation resulting from any such incident. 8. The Contractor, at their expense, will remedy any damage to public or private property in a timely PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 4/2023 ` CITY OF Am Federal Locations & Specifications: CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci"ffederalway.. com 1. Celebration Park - 1095 S. 324th St (reference Exhibit C for location map) i. Upper softball plaza — check facility `A" and lock restrooms, lock north and south plaza gates. Visual check of east and west plaza gates. ii. Check lower restroom facility `B" and lock restrooms iii. Visually check that facility "C" is secured. (maintenance building) iv. Clear parking lots and lock upper and lower lot gates (4 gates total) 2. City Hall - fenced fleet parking lot near; 600 S 333rd St (reference Exhibit D for location map) i. Lock 2 gates to the fleet vehicles, on the north side of the parking lot. ii. (note: there are 2 other fenced areas that are managed by the Police Dept) 3. Dumas Bay Sanctuary - 30844 44th Ave SW (reference Exhibit E for location map) i. Lock entrance gate at dusk ii. Unlock entrance gate by 7:00 AM 4. French Lake Park - 31531 1st Ave S (reference Exhibit F for location map) i. Lock entrance gate to the off -leash dog area ii. (May - Aug. locked @ 9 PM; Sept. - April locked @ Dusk) 5. Steel Lake Park and Sports Annex - 2410 S. 312th St (reference Exhibit G for location map) i. Lakeside — lock the entrance gate, lock walk through gate on west side, check beach facility & lock restrooms, drive by and check other buildings and lock the exit gate. ii. Sports Complex side - check restroom facility and lock restrooms iii. Check Parks Maintenance Temporary Office Trailer Doors and gates iv. Security check of Historical Society building and Barn 6. Lakota Park - 31334 SW Dash Point Road (softball fields) (reference Exhibit H for location map) i. Lock restrooms and check that gates are secured. 7. Sacajawea Park - 1401 S Dash Point Rd. (Soccer and softball) (reference Exhibit I for location map) i. Lock upper restrooms near playground — summer only May thru Sept. ii. Lock lower restrooms near softball fields iii. Lock Sacajawea parking lot gate 9. Saghalie Park - 33914 19th Ave. SW (behind the school) (reference Exhibit J for location map) i. Lock upper restroom by tennis courts ii. Lock lower restroom by softball fields iii. Lock gate leading toward lower restroom by softball fields. iv. Lock gate to upper parking lot from SW 340th v. Lock gates to lower parking lot from 19th Ave. SW 10. Town Square Park — 31600 Pete von Reichbauer Way S. (reference Exhibit K for location map) i. Lock restrooms and check that gates are secured PROFESSIONAL SERVICES AGREEMENT -9- Rev. 4/2023 ` CITY OF CITY HALL .�.�.. Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cnWfFederahvay. com 11. Panther Lake Trailhead — 550 Campus Drive SW (reference Exhibit L for location map) i. Lock entrance gate H. Unlock entrance gate by 7:00 AM PROFESSIONAL SERVICES AGREEMENT - 10 - Rev. 4/2023 South ` c1rY OF CITY HALL Fe d e ra I Way Feder 8th Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.. com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed One Hundred thousand and 00/100 Dollars ($100,000.00). 2. Method of Compensation: Pierce County Security, Inc. monthly rate schedule Monthly Rates: Celebration Park................................................................................................ $431 per month City Hall fenced fleet parking.................................................................................$207 per month Dumas Bay Sanctuary (to close & open)....................................................................$207 per month FrenchLake Park................................................................................................$207 per month Steel Lake and Sports Annex..................................................................................$345 per month LakotaPark...................................................................................................... $207 per month SacajaweaPark.............................................................. .................................... $345 per month SaghaliePark....................................................................................................$207 per month Town Square Park ............................... .............................................................. $207 per month Panther Lake Trailhead........................................................................................$207 per month 3. Additional Services as Needed: In consideration of the Contractor performing additional Services as needed, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: • Trouble calls at the contracted locations listed shall be charge at $42.00 per hour, per incident. Onsite guard service, if needed, will be charged at $42.00 per hour when given at least 24 hour prior notice. If given less than 24 hour notice, the service charge will be $63.00 per hour. 4. Method of Payment: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. PROFESSIONAL SERVICES AGREEMENT - 11 - Rev. 4/2023 51 T Paj B Rem&AO- dt -1 11-1 I -A 41 Exhibit - +� A. e � �. Fr.jl�r.':�ti+_}ri��l t.! .,h. •�� •r7 " .fir. � � �f' � �, oil ♦`fir �� � � _ - �.,�, BLl0-:iir'cPc-rrTTlt" ,.1,• .�•, �' Federal^Jay — ACCounts Payablti Ira ' R;ilk-if Dr()p Bf]:k "Al z-o"Y H.jll l.i'.v of Fcc1or-, I b�'►:�1 `+� M Federal Way '� • Lava Department y � i� 00. e)! ■�: . .�. . y\�w..- .' ilia ,� ^ �L Will� :' I City of Federal V La kota Park Map Date_ September. 20C Photo Date: 2002 City of Feder al Way 33325 Afi Ave S, PO Sox 9718 Federal Way, WA DW63 wrrw_ai-feder al• way=_wa .us dni y Map. o ti F E ClER Ti It m ap tr "i de d 1b r ue ar a g rap rra l rep we k lawa ONLY. Tie Chf of FedeialWaf makes NoRamarlvasto Its aocr moy. 0 65 130 260 F m• a Federal Way %-wi. vA 1 UI • •t Sacajawe- Park Map 0sec $Mew -6a. 20" PhD ow Osee: 30QZ otY sf Feder 21 WsY 39326 " Ave S. Feder,d Way. WA 00063 ww K,oi_Feder*vny_wagas Mcitkf !-tap: F E D E lM b. Y j Tiu ■ap r .trtotalr tte s a 6aphImI mp iw even ONLY- Tk Civ of fe&I21 iar amms IOw"Ovat 1D b 0 55 110 220 Federal Way i � � r Restroom Gate ro Gate, I ovin SqL1arc. fbf irk L-7 FAr I r, +�I 1 J i• • _r � I l Y� t - � _, f��F -'�i � � - _ � _- t. - - �►' � � � ter'` IL Panther ae �� � . xhib'lpt Trailhead err -#400 f+ i Z A .y ► ' i rr�!! T �L� L 7W* COUNCIL MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Parks, Recreation & Open Space Plan (PROS) update, Brooklake & Steel Lake Master Plans POLICY QUESTION: Should the City Council Allocate $266,376 of King County Levy money to fund the Parks, Recreation, & Open Space Plan (PROS) Plan update, Brooklake Master Plan, and Steel Lake Master Plan and authorize staff to enter into a professional services agreement for this work? COMMITTEE: PRHSPS MEETING DATE: 6/13/2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: Attachments: 1. Staff Report 2. AHBL Proposal Options Considered: 1. Approve the proposed allocation of $266,376 of King County Levy money and authorize staff to enter into a professional services agreement. 2. Do not approve proposed allocation of $266,376 of King County Levy money or authorize staff to enter into a professional services agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: a-: DIRECTOR APPROVAL;/ItI; Commi ee Council 1 iallDate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward approval of allocating King County Levy funds and entering. irat r professional services agreement to the June 20`", 2023, consent agenda. 11 / Chair Committee Member PROPO,StED COUNCIL MOTION: "I move approval of the proposed allocation of $266,376 of King County L evyftnoney for the plan updates and authorize staff to enter into a professional services 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 - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 6/13/2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Deputy Director SUBJECT: Allocation of King County Levy for PROS Plan Update, Steel Lake Master Plan, and the Brooklake Master Plan Financial Impacts: The Parks, Recreation, and Open Space Plan (PROS) Update, Steel Lake Master Plan and the Brooklake Master Plan items were not included within the approved budget for the Parks Department. Funds were requested, but these items were not funded and are currently on the pending list generated by the Finance Department. The Parks Department proposes the projects be funded by King County Levy funds collected by the City. Upon completion of the PROS Plan Update, Steel Lake Master Plan, and the Brooklake Master Plan, future costs will be unfunded as these are studies. The PROS Plan Update will determine the future direction of our Parks Department, which will inform overall budget needs and financial impacts for the coming years. Similarly, upon their completion, the Brooklake and Steel Lake Park Master Plans will determine how to best prioritize and improve these community spaces, which will help us determine potential future financial needs and impacts. PROS Plan Update $92,240 Brooklake Master Plan $72,800 Steel Lake Master Plan $77,120 Contingency $24,216 Grand Total: $266,376 Background Information: Parks Department staff has been working with the Community Development Department on the Parks chapter of the Comprehensive Plan Update planned for completion in 2024. To promote efficiency and a holistic approach to both efforts, updating the PROS Plan at this time will also allow it to serve as the Parks Chapter of the Comprehensive Plan. Under this plan, the PROS Plan update has major implications for the Parks Department and the City as a whole. The Parks Commission Work plan has had master plans for Brooklake and Steel Lake Park on its annual work plan for each of the past 5 years, but the efforts have never moved forward due to a lack of funding. Due to the importance of these master plans being a cornerstone of the larger PROS Plan update, and all three undertakings important components of the Parks chapter of the 2024 Comprehensive Plan, the Parks Department'needs these plans completed. With no other funding options, staff is recommending use of King County Levy funds as these items are eligible for the use Rev. 7/18 of levy money and satisfy the levy requirements. Staff worked with AHBL over the first half of this year developing and revising the scope of services and project schedule, which are a part of this packet. Rev. 7/18 CITY OF FEDERAL WAY 2024 PARKS, RECREATION & OPEN SPACE (PROS) PLAN UPDATE AND COMPREHENSIVE PLAN PARKS & RECREATION CHAPTER SCOPE OF SERVICES Task 1: Project Kickoff, Data Collection and Analysis Task 1 activities are focused on gathering the relevant information to understand current parks, recreation, and open space conditions that may have changed since the 2019 update of the City's Parks, Recreation and Open Space (PROS) Plan. A. Proiect Kickoff Meeting=ork Session To commence the project, AHBL and City staff will conduct a kickoff meeting to confirm the project scope, schedule, and budget. During this meeting, we will discuss specific format for integrating the PROS Plan into the active update to the City of Federal Way Comprehensive Plan and the new Parks and Recreation Comprehensive Plan Chapter. B. Facilities Inventory AHBL staff will rely on the inventory of existing facilities prepared for the 2019 PROS Plan. This information will be supplemented by City staff to document improvements that have been constructed subsequent to the adoption of the PROS Plan and park land that may have been added to the City's portfolio. C. Data Collection & Existing Conditions Analysis City staff, in consultation with AHBL, will assemble and provide all relevant City plans, documents, maps, and studies. Information to be provided to AHBL will include, but is not limited to: • City Comprehensive Plan; • City demographic information; • Facilities inventory of existing City parks and recreation facilities that may have changed since adoption of the 2019 PROS Plan; • Updates to the annual maintenance schedule; • Updates to the Parks & Recreation staffing numbers (i.e. number of staff in maintenance, administration, recreation leaders. seasonal, etc.); • Updates to the Recreation & Cultural Programs subsequent to the COVID pandemic service interruptions, including their locations and frequency/schedule; Based on the findings from this analysis and the facilities inventory, AHBL staff will meet with City Parks staff to identify facility needs that may not be included within the 2019 PROS Plan but are anticipated to be needed over the course of the 20-year planning horizon. We will prepare a memorandum of our findings. Task 1 Assumptions • City staff will provide all relevant background documents for AHBL use. Task 1 Deliverables • Prepare and maintain project schedule; • Minutes from project kickoff meeting and city staff meetings; and • Brief, up to 2-page summary/overview of existing conditions and needs that can be used in the new Parks & Recreation Comprehensive Plan chapter. Task 1 Meetings • One project kickoff meeting with City staff; and • Three meetings to discuss park and facility needs over the longer 20-year time horizon. Task 2: Public Engagement AHBL will attend and facilitate two public open houses (dates to be determined) and up to three stakeholder group meetings to solicit input from the general public and gain initial direction on needs and desires for future improvements and programming for parks and recreation sites. The first public open houses will also identify the scope of the proposed revisions to the PROS Plan for public feedback. The second open house will be to share the draft PROS Plan and solicit comments. AHBL staff will prepare PowerPoint presentations. boards, handouts; and other meeting collateral necessary to facilitate the open houses. The scope of work also includes preparing a survey for electronic public distribution on the City's website. Task 2 Assumptions • City staff will be responsible for posting graphic material notifying parks and recreation site users of the PROS Plan update: and • City staff will handle the meeting logistics (invitations, location and setup) for stakeholder meetings and the public open house. • The survey will be hosted on the City's website. Task 2 Deliverables • Graphic material for printing and posting in City parks and recreation sites notifying users of the PROS Plan update: • Meeting materials for the public open house and which the City may use in other outreach activities for the comprehensive plan update. and • Draft and final survey for distribution on the City's website. Task 2 Meetings • Two public open houses, and • Up to three, 1-hour stakeholder group meetings. Task 3: Prepare Draft PROS Plana This phase of work involves preparing the draft PROS Plan including all related maps, graphics, and narrative descriptions. A. Chapter 1 � Introduction AHBL staff will revise/update Chapter 1 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the open house: • Plan Process o AHBL will revise/update as needed to describe the planning process utilized for the PROS Plan update. • Public Involvement o AHBL will revise/update this section as needed to reflect the open houses that will occur to support this work. Core Values o AHBL will revise/update this section as needed to be consistent with the City's updated Comprehensive Plan, Vision, Goals and Policies and the City Council Goals. This section will be informed by feedback received during the public engagement for the PROS Plan update occurring in Task 2. The Core Values will be updated as needed to reflect consistency with the City of Federal Way's Periodic Update to its Comprehensive Plan. • Parks & Open Space Vision o AHBL will revise/update this section as needed to reflect changes that have occurred since the 2019 PROS Plan and changes that result from coordination with the ongoing effort associated with the City of Federal Way's Periodic Update to its Comprehensive Plan. B. Chapter 2: Community Profile AHBL staff will work with City planning staff to acquire new demographic information related to the 20-year plan timeframe (2024-2044). C. Chapter 3: Existing Park and Open Space System Where appropriate, AHBL will format the chapter and replace text heavy sections and tables with information that can be conveyed by graphics. For the purposes of this scope, all graphics are prepared under Task 4.A, though they may be prepared concurrently with this Task in order to facilitate City review. D. Chapter 4 Recreation and Cultural Arts Programs AHBL and City staff will revise/update Chapter 4 of the City's 2019 PROS Plan. City staff will be responsible for updating AHBL staff about the City s Recreation and Cultural Arts Programs post - pandemic. AHBL will be responsible for identifying recreation and cultural arts program demand from interviews with City staff and other demographic projections based on the City's planned growth. This work will be tied to the analysis of the level -of -service work that will be prepared under Chapter 5. E. Chapter 5: Needs Assessment and Recommendations AHBL and City staff will revise/update Chapter 5 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff and public engagement. Introduction o AHBL will revise/update this section as needed based on public feedback generated during stakeholder engagement and community values and visions generated during meetings with stakeholder group and Parks Commission. o City staff will provide information on local trends in participation and use of existing facilities as requested in Task 1. o AHBL will identify any new state/national trends in recreation and update/revise narrative. Needs Assessment o AHBL will compile LOS standards for up four to municipalities identified by the City for comparative analysis. o AHBL will compile National Recreation and Park Association (NRPA) LOS standards. o AHBL will simplify and clarify the discussion of what LOS is and where the formulas come from to calculate it. o AHBL will revise/update the narrative for adopted level of service standards and the tables used to present the City's current resources within each category. o Provide, for the comprehensive plan chapter, a 10-year parks and recreation demand estimate to be consistent with Growth Management Act (GMA) requirement. Park Classifications and Level of Service o It is assumed that no changes in the park classifications are proposed. o AHBL will work with City staff to consider appropriate level -of -service standards for the City based on the amount of growth that is anticipated over the 2024-2044 planning horizon; both overall and in different areas of the City where growth is expected through 2044 in relation to existing parks and recreation facilities. • Plan Recommendations o AHBL to revise/update as needed based on results of the meetings with City staff, the Parks Commission, and other public engagement. F. Chapter 6: Goals and Policies AHBL and City staff will revise/update Chapter 6 of the City's 2019 PROS Plan. AHBL will be responsible for updating the goals and policies of the PROS Plan with those developed during stakeholder meetings and meetings with the Parks Commission and City staff. Goals and Policies will be updated for consistency with the Comprehensive Plan, as applicable. G. Chapter 7: Implementation AHBL and City staff will revise/update Chapter 7 of the City's 2019 PROS Plan. AHBL will be responsible for updating the following sections based on input from City staff, the Parks Commission, and the stakeholder group: • Phasing of Implementation o AHBL to revise/update as needed. • Potential Funding Sources o AHBL to revise/update as needed. 6-Year and 20-Year Capital Improvement Plan o AHBL to revise/update as needed based on discussion with City staff and the Parks Commission regarding priorities for near term, mid-term and long-term projects that will inform the 6-year CIP, some of the longer -term projects will be placed on a 7 to 20-year CIP. o City staff to assist AHBL with the updates to Tables 7.1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle. H. Appendices AHBL and City staff will revise/update Appendix A, B and C of the City's 2019 PROS Plan. Appendix A o AHBL to revise/update the Park and Open Space Inventory and Assessment based on the Facilities Inventory provided by City staff in Task 1. Where significant changes have not occurred to the key features of a park, it is anticipated that AHBL will leave those sections largely unchanged. The focus of this effort is to ensure that the park information is all up to date and new parks or changes to park facilities have been accounted for. Appendix B o AHBL to update based on LOS standards chosen by City staff based on review of LOS research in the technical memorandum prepared in Task 1 o City staff to review LOS research in the technical memorandum prepared in Task 1 and provide feedback on what LOS standards they would like to use. o AHBL to update facilities narratives based on Facilities Inventory prepared by City staff in Task 1. • Appendix C o AHBL to update based on Facilities Inventory prepared by City staff in Task 1 and discussion with City staff and Parks Commission regarding constraints and potential/opportunities for City parks, trails and open spaces. Task 3 Assumptions • City staff will be responsible for providing demographic information to AHBL. o All charts will be provided in Microsoft Excel so as to allow AHBL the underlying data for reproducing charts using Adobe Illustrator during Task 4.A. • City staff will assist AHBL with updates to Tables 7.1 and 7.2 based on discussion with the Parks Commission, projects that have been completed since the adoption of the 2019 PROS Plan, or other projects not contemplated during the last planning cycle; City staff will be available by phone or email as questions arise during the PROS Plan update; • City staff will be responsible for reviewing the draft plan provided by AHBL and making comments or chap es using the track changes function in Microsoft Word Task 3 Deliverables • Draft plan in crosoft Word format to allow City staff to make comments or changes using the track changes function. Task 3 Meetings • AHBL will meet with City staff and Parks Commission up to six times to receive feedback on draft plan chapters. Task 4: Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts A. Layout and Graphics Production AHBL will develop infographics and prepare final tables and charts for inclusion in the final draft plan. For the purpose of this scope, some of these graphics under this item will be prepared concurrent with Task 3 so that City Parks staff can review and approve them. B. Final PROS Plan AHBL will incorporate changes/feedback received on the draft plan during Task 3 and prepare the final plan document. Prior to Task 4, AHBL will incorporate changes to the PROS Plan using Microsoft Word to allow for easy commenting and editing by the City and consultant. The final Draft PROS Plan will be laid out using Adobe InDesign complete with pictures, graphics, and tables. AHBL will deliver the final plan to City staff in multiple formats, including an Adobe PDF file, as well as one additional online format suitable for reading on a mobile device. We assume that the same template from the 2019 PROS Plan will be used for the 2024-2044 PROS Plan. C. Condensed/Summary Version of PROS Plan for Comprehensive Plan Chapter Provide a summary version of the PROS Plan that can form the foundation of the new Comprehensive Plan Parks & Recreation chapter. City Staff will work with AHBL on how this summary version may be customized with content that is required for the Comprehensive Plan but not the PROS plan, such as: i. Description of consistency with other Comprehensive Plan chapters; ii. Summary overview of existing conditions and needs; iii. 10-year parks and recreation demand estimates; and iv. Description of intergovernmental coordination and outside partnerships to help meet parks and recreation demand. Task 4 Assumptions • City staff will provide all feedback on the PROS Plan update during the draft plan stage. Any changes requested after the final plan has been laid out will be minor and will be focused as to the exact page and location of the text change. • The 2024-2044 PROS Plan will utilize the 2019 InDesign document template. Task 4 Deliverables • Charts, tables and infographics for inclusion in the final draft PROS Plan; • Final draft Parks, Recreation and Open Space Plan; and • Electronic files of final adopted PROS Plan — in Adobe PDF file, and one additional online format suitable for reading on a mobile device. Task 5: Plan Approval and Adoption AHBL will provide technical support to the City Council during final deliberations and approval of the updated Parks, Recreation & Open Space Plan, adoption of the Parks and Recreation Comprehensive Plan Chapter, and related ordinances. AHBL shall attend two Parks Commission meetings for the purposes of presenting the final draft PROS Plan and two City Council / Council Committee meetings and hearings as a part of the plan approval and adoption process. It is our understanding that joint meetings with the Planning Commission and Parks Commission may be desired. The scope that includes participation in Parks Commission meetings can be read to include joint meetings with the Planning Commission if desired. Task 5 Assumptions • City staff will be responsible for printing, publication and distribution of the final document. Task 5 Deliverables • Meeting materials for Parks Commission and City Council meetings/hearings. Task 5 Meetings 0 Preparation for and attendance at two Parks Commission public meetings; and • Preparation for and attendance at two City Council Committee or full City Council meetings or hearings. Task 6: Reimbursable Expenses Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis. Budget and Fee c M U) U m Z T > o _ Q E 0 U x 0 m w � L s I- U TOTAL $240 $160 $120� $105 Task 1: Project Kickoff, Data Collection and Analysis A. Project Kickoff MeetingNVork Session 4 4 4 4 0 $2,080 B. Facilities Inventory 2 2 4 8 $2,120 C. Data Collection & Existing Conditions Analysis 2 2 8 12 $3,020 Task 1: SUBTOTAL (hours) �, 8 16 20 Task 1: SUBTOTAL (f ;7,220 Task 2: Public Engagement A. Public Open Houses (2) 8 16 28 24 $10,360 B. Stakeholder Meetings (3) ® 6 6 24 0 $5,280 B. Survey 6 6 20 0 $4,800 4fask 2: SUBTOTAL (hours) 20 28 72 Task 2: SUBTOTAL (fee "1$!20!,4!40 Task 3: Prepare Draft PROS Plan A. Chapter 1° Introduction I 1 2 4 8 $1,880 B. Chapter 2: Community Profile 1 2 4 12 $2,300 C. Chapter 3: Existing Park and Open Space System 1 2 4 8 $1,880 D. Chapter 4: Recreation and Cultural Arts Programs 2 4 4 32 $4,960 E. Chapter 5- Needs Assessment and Recommendations 2 4 4 32 $4,960 F. Chapter 6: Goals and Policies 1 4 4 16 $3,040 G. Chapter 7: Implementation 1 4 4 20 $3,460 H. Appendix A 2 4 0 24 $3,640 I. Appendix B 1 2 0 8 $1,400 J. Appendix C 1 2 0 8 $1,400 Task 3: SUBTOTAL (hours) 13 30 28 Task 3: SUBTOTAL (fee) �10$28,920 Task 4: Prepare Final PROS Plan and Comprehensive Plan Chapter Inserts A. Layout and Graphics Production 1 2 8 1 16 1 32 $7,040 N C M U) C- C ch (p U m E a� H c x An o �' — C: TOTAL $240 $160 $120 $105 B. Final PROS Plan 0 24 48 24 $12,120 C. Condensed/Summary Version of PROS Plan for 4 12 0 24 $5,400 Comprehensive Plan Chapter Task 4: SUBTOTAL (hours) 1 6 44,1 64 1 80 Task 4: SUBTOTAL (fee) $14,560 Task 5: Plan Approval and Adoption A. Parks Commission Public Meetings (2) 4. 4 0 0 $1,600 B. Materials for the Parks Commission Meetings 1 4 20 _ 0 $3,280 C. Planning Commission (2) 2 2 0 0 $800 D. Materials for the Planning Commission Meetings 1 2 4 0 $1,040 E. City Council Meetings (2) _ 4 4 0 0 $1,600 F. Materials for the City Council Meetings 0 2 8 0 $1,280 Task 5: SUBTOTAL (hours) 12 \ 18 32 0 Task 5: SUBTOTAL (fee) $9,600 SUBTOTAL 48 97 149 222 $90 740 REIMBURSABLE EXPENSES $1,500 GRAND TOTAL $92,240 CITY OF FEDERAL WAY BROOKLAKE PARK MASTER PLAN SCOPE OF SERVICES This recent addition of Brooklake Park to the City's parks portfolio has tremendous potential due to its proximity to Hylebos Creek, the Hylebos Wetland Park, and Blueberry Park. Moreover, this park is located in close proximity to the South Station Subarea Planning Area and is an area of the City that is generally lacking in parks. To that end, we appreciate the opportunity to provide this scope of work to assist the City with establishing a vision that will result in the preparation of a Master Plan for Brooklake Park. Our scope of services is listed below. Task 31: Research and Base Map Visit the site to review site characteristics and the surrounding area for design purposes. 2. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements, and available aerial photography. This item will utilize existing City data/information (such as GIS data or a survey) to minimize consultant scope. Collection of site data not readily available by the City is not included in this scope. Task 32: Visioning and Master Planning 4 Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Task 33: Project Coordination Represent the project throughout the review and public engagement process. If there are additional studies requested that exceed the scope of the proposal, a separate proposal will be prepared for the work or we will coordinate this for you with other design consultants. Coordinate with the City's selected architect regarding integration of a design plan for the Brooklake Community Center. 9 Attend bi-weekly meetings with the client and other AHBL staff throughout the course of the project. Task 34: Public Engagement and Public Hearing 10. Prepare for, and attend, one public Visioning Workshop using the base map prepared in Task 31 Item 3 to establish the purpose of the Visioning exercise and gather preliminary public feedback for inclusion in subsequent conceptual site plans. 11. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 12. Prepare for, and attend, one public meeting to present up to three conceptual site plans prepared in Task 32, Item 4 to establish public preferences in relation to the conceptual site plans. 13. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 14. Prepare for, and attend, one public meeting to present the final conceptual site plan to gather public feedback and preferences. 15. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 16. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Task 32, Item 5. 17. Summarize the results of the Master Planning services as a whole following the Parks & Recreation Commission meeting detailed in Task 34, Item 16. This summary will be used to identify and recommend any changes to the City's Parks, Recreation, and Open Space (PROS) Plan. Task 90: Reimbursable Expenses 18. Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis, with an estimate provided below. Budget and Fee c v0i c N CL c N u�i Z N CU L CD U C to c T'- X m !/1 3: o Q Q Q TOTAL $240 $160 1 $120 $105 Brooklake Park Master Plan A. Research and Base Map (Task 31) 2 12 40 8 $8,040 B. Visioning and Master Planning (Task 32) 16 40 136 0 $26,560 C. Project Coordination (Task 33) 24 32 36 0 $15,200 D. Public Engagement & Public Hearing (Task 34) 18 36 72 36 $22,500 TOTAL (hours) 60 120 284 44 TOTAL (fee) $72,300 REIMBURSABLE EXPENSES $500 GRAND TOTAL $72,800 Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands, wildlife, and other specialists. b) Preparation, submittal, or securing of development permits including SEPA environmental review. c) Costs associated with the publication of legal notices for meetings and open houses in the newspaper. d) Costs associated with the preparation and installation of public notice signs associated with public engagement. e) Costs associated with substantial redesign after preparation of design development drawings. f) Dividing our work into more than one phase. CITY OF FEDERAL WAY STEEL LAKE PARK MASTER PLAN SCOPE OF SERVICES Vehicular and pedestrian circulation issues and the recent decision to convert the Steel Lake Annex into a facilities site has made master planning for Steel Lake Park an important work item for 2023. To that end, we appreciate the opportunity to provide this scope of work to assist the City with establishing a vision that will result in the preparation of a Master Plan for Steel Lake Park. Our scope of services is listed below. Task 31: Research and Base Map Visit the site to review site characteristics and the surrounding area for design purposes. 2. Research of Federal Way land use and development controls. This item will inform the development of conceptual visioning and site planning. 3. Prepare a base map for the project site, identifying site characteristics such as water features, significant trees, existing improvements, and available aerial photography. This item will utilize existing City data/information (such as GIS data or a survey) to identify map critical areas and minimize consultant scope. The collection of site data not readily available by the City is not included in this scope. Task 32: Visioning and Master Planning 4. Prepare up to three (3) conceptual site plans for use during the public engagement process. Conceptual site plans will identify key site characteristics such as proposed improvements, priority areas, and suggested planting palettes. 5. Develop one (1) final conceptual site plan that incorporates the feedback provided during the review and public engagement process for the conceptual site plans. 6. Develop an opinion of probable construction costs for the final conceptual site plan. Task 33: Project Coordination 7 Represent the project throughout the review and public engagement process. If there are additional studies requested that exceed the scope of the proposal, a separate proposal will be prepared for the work or we will coordinate this for you with other design consultants. 8. Attend bi-weekly meetings with the client and other AHBL staff throughout the course of the project. Task 34: Public Engagement and Public Hearing 9. Prepare for, and attend, one public Visioning Workshop using the base map prepared in Task 31 Item 4 to establish the purpose of the Visioning exercise and gather preliminary public feedback for inclusion in subsequent conceptual site plans. 10. Prepare a summary memo detailing the results and public preferences gathered during the public Visioning Workshop. 11. Prepare for, and attend, one public meeting to present up to three conceptual site plans prepared in Task 32, Item 5 to establish public preferences in relation to the conceptual site plans. 12. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the conceptual site plans. 13. Prepare for, and attend, one public meeting to present the final conceptual site plan to gather public feedback and preferences. 14. Prepare a summary memo detailing the results and public preferences gathered during the public meeting for the final conceptual site plan. 15. Prepare for, and attend, one public hearing/meeting with the City's Parks & Recreation Commission to outline the public engagement process and to present the final conceptual site plan prepared in Task 32, Item 5. 16. Summarize the results of the Master Planning services as a whole following the Parks & Recreation Commission meeting detailed in Task 34, Item 15. This summary will be used to identify and recommend any changes to the City's Parks, Recreation, and Open Space (PROS) Plan. Task 90: Reimbursable Expenses 17. Reimbursable expenses such as mileage and reprographics. This scope of work will be billed on a time and expense basis, with an estimate provided below. Budget and Fee u) c `N Q- o F cn U m E m t c -0 .— co U N �p CD CU x Q Q Q TOTAL $240 $160 $120 $105 Brooklake Park Master Plan A. Research and Base Map (Task 31) 2 12 40 8 $8,040 B. Visioning and Master Planning (Task 32) 16 48 192 0 $34,560 C. Project Coordination (Task 33) 18 18 36 0 $11,520 D. Public Engagement & Public Hearing (Task 34) 18 36 72 36 $22,500 TOTAL (hours) 54 114 34061im$76,620 TOTAL (fee) REIMBURSABLE EXPENSES $500 GRAND TOTAL $77,120 Exclusions This proposal does not include fees associated with agency reviews, submittals, or permits, nor does it include any work associated with the following services: a) Professional services of subconsultants, e.g., geotechnical and traffic engineers, or wetlands, wildlife, and other specialists. b) Preparation, submittal, or securing of development permits including SEPA environmental review. c) Costs associated with the publication of legal notices for meetings and open houses in the newspaper. d) Costs associated with the preparation and installation of public notice signs associated with public engagement. e) Costs associated with substantial redesign after preparation of design development drawings. f) Dividing our work into more than one phase. City of Federal Way PROS & Master Plans Project Schedule PAav t 2023 Start End Notes FEDRAC Meeting Packet Due Tue, May 9, 2023 Tue, May 9, 2023 FEDRAC Meeting to Discuss Scope of Work (SOW) Tue, May 23, 2023 Tue, May 23, 2023 City Council Meeting to Authorize SOW Tue, Jun 6, 2023 Tue, Jun 6, 2023 Notice to Proceed Wed, Jun 7, 2023 Wed, Jun 7, 2023 Meet with City staff to Discuss Design of Visioning Open House Man, Jun 19, 2023 Mon, Jun 19, 2023 Alex Campbell and All Masterson (Wayne Carlson on Vacation) Collect Data and Prepare Basemap for Master Plans Wed, Jun 7, 2023 Fri, Jun 23, 2023 Kiosk at Miles for MESO and Red White and Blues Advertising the Steel Lake Park Workshop Tue, Jul 4, 2023 Tue, Jul 4, 2023 Public Notice of Steel Lake Park Visioning Workshop Mon, Jun 26, 2023 Thu, Jul 6, 2023 Advertise as early as possible Steel Lake Park Visioning Workshop Thu, Jul 6, 2023 Thu, Jul 6, 2023 To align with scheduled Parks & Recreation Commission Mtg PRHSPSC Meeting to Discuss Architect SOW Tue, Jul 11, 2023 Tue, Jul 11, 2023 City Council Meeting to Athorize Architect SOW Tue, Jul 18, 2023 Tue, Jul 18, 2023 Kiosk at Movies in the Park Advertising the Brooklake Park Workshop Sat, Jul 29, 2023 Sat, Jul 29, 2023 Public Notice and Meeting Packet for Parks & Recreation Meeting Thu. Aug3, 2023 Thu, Aug 10. 2023 PROS Plan Meeting to Discuss Goals and Policies Thu, Aug 10, 2023 Thu, Aug 10, 2023 Meeting with the Parks & Recreation Commission Public Notice of Brooklake Park Visioning Workshop Thu, Aug 3, 2023 Thu, Aug17, 2023 Brooklake Park Visioning Workshop Thu, Aug 17, 2023 Thu, Aug 17, 2023 Public Notice of Steel Lake Park Alternatives Workshop Fri, Sep 1, 2023 Thu, Sep 14, 2023 Steel Lake Park Alternatives Workshop Thu, Sep 14, 2023 Thu, Sep 14, 2023 To align with scheduled Parks & Recreation Commission Mtg Public Notice and Meeting Packet for Parks & Recreation Meeting Thu, Sep 21, 2023 Thu, Sep 28, 2023 PROS Plan Meeting to Discuss Level -of -Service (LOS) Standards Thu, Sep 28, 2023 Thu, Sep 28, 2023 Special Meeting with the Parks & Recreation Commission Public Notice of Brooklake Park Alternatives Workshop Fri, Sep 29, 2023 Thu, Oct 12, 2023 Brooklake Park Alternatives Workshop Thu, Oct 12, 2023 Thu, Oct 12, 2023 To align with scheduled Parks & Recreation Commission Mtg Public Notice of Steel Lake Park Final Open House Fri, Oct 27, 2023 Thu, Nov 9, 2023 Steel Lake Park Final Open House Thu, Nov 9, 2023 Thu, Nov 9, 2023 To align with scheduled Parks & Recreation Commission Mtg Public Notice of Brooklake Park Final Open House Fri, Nov 24, 2023 Thu, Dec 7, 2023 Brooklake Park Final Open House Thu, Dec 7, 2023 Thu, Dec 7, 2023 Public Notice of Parks & Recreation Commission Meeting Thu, Dec 28, 2023 Thu, Jan 11, 2024 Parks & Recreation Commission Meeting to Consider PROS Plan with Master Plans Thu, Jan 11, 2024 Thu, Jan 11, 2024 Public Notice of Planning Commission Meeting Wed, Jan 10, 20241 Wed, Jan 17, 2024 Planning Commission Meeting Wed, Jan 17, 20241 Wed, Jan 17, 2024 lor February 7, 2024 Durations of 0 days are milestones FEDRAC: Finance, Economic Development, and Regional Affairs Committee LUTC: Land Use and Transportation Committee PRHSPS: Parks, Recreation, Human Services & Public Safety Committee Parks and Recreation Commission: First Thursday of each month COUNCIL MEETING DATE: June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 7m SUBJECT: RESOLUTION: INTENT TO DESIGNATE THE COMMUNITY BUSINESS ZONE A RESIDENTIAL TARGET AREA FOR PURPOSES OF THE CITY'S MULTIFAMILY TAX EXEMPTION PROGRAM AND SETTING A PUBLIC HEARING FOR JULY18, 2023 POLICY QUESTION: Should the City Council pass a resolution declaring an intent to designate properties zoned Community Business (BC) a residential target area for purposes of the City's multifamily tax exemption program and set a public hearing on the matter? COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business Ej Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution and set the public hearing. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RECOM MAYOR APPROVAL: Option 1. InitiaUDate Initial/Date DIRECTOR APPROVAL: W 31 May 23 InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 20, 2023, consent agenda. Dovek(:dnmittee Chair 4& Walsh, Cvniinittee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I moW approval of the proposed resolution. (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: May 23, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director r-- Resolution: Intent to Designate the Community Business Zone a Residential Target Area SUBJECT: for Purposes of the City's Multifamily Tax Exemption Program and Setting a Public Financial Impacts: There are no projected costs to the City for passing the resolution or holding the public hearing. Backparound Information: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found: 1. Expand the Multi Family Tax Exemption ("MFTE") (FWRC 3.30.030) to the Community Business ("BC") zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee in lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; 8. Remove the City's inclusionary requirement; and, 9. Remove the restrietions on building form. Since recommendation 1 is the only recommendation to impact Title 3 (the others are to Title 19), this item has been forwarded as a stand-alone recommendation. Before designating property as subject to the MFTE program, and establishing standards and guidelines applicable to such property under the MFTE program, a City must follow the procedures in state law. Pursuant to RCW 84.14.040(2), the first step in the designation process requires adoption of a resolution of intent to designate an area as a "residential targeted area" subject to the MFTE program. The resolution must state the time and place of a public hearing to be held by the City Council to consider the designation of the area and may include such other information pertaining to the designation of the area as the governing authority determines to be appropriate to apprise the public of the action intended. RCW 84.14.040(2). Pursuant to RCW 84.14.040(3), notice of the public hearing must thereafter be published once each week for two consecutive weeks, not less than seven days, and not more than thirty days before the date of the hearing. Assuming the City Council adopts the resolution, staff will properly Rev. 6/2020 March 6, 2023 Land Use and Transportation Committee MFTE Code Amendment Page 2 notice the public hearing in accordance with law with the Hearing being scheduled for July 18, 2023. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, regarding intent to designate the Community Business zone a residential targeted area for the purpose of the multifamily property tax exemption program and setting a public hearing. WHEREAS, Chapter 84.14 of the Revised Code of Washington provides for special property tax valuations for eligible improvements associated with multifamily housing in targeted urban, residential areas; and WHEREAS, on December 3, 2002, the City Council passed Resolution 02-380, which designated the City Center Core and Frame zones as "residential targeted areas" for the purpose of allowing a limited property tax exemption for qualifying multifamily housing, pursuant to the provisions of RCW 84.14.040(2); and WHEREAS, on February 18, 2003, the City Council passed Ordinance 03-438 creating FWRC Chapter 3.30, Multifamily Dwelling Unit Limited Property Tax Exemption ("MFTE Program"); and WHEREAS, in October, 2021, the City Council approved the Housing Action Plan; and WHEREAS, in 2022 the City received a grant from the Washington Department of Commerce for assistance in implementing the City's Housing Action Plan; and WHEREAS, the City hired Heartland LLC ("Heartland") to analyze existing City policies and codes to identify what actions the City could take to increase the production of housing in the City; and WHEREAS, Heartland recommended expanding the City's MFTE Program to properties zoned Community Business (`BC"); and Resolution No. 23- Page 1 of 5 WHEREAS, the City Council desires to consider whether to adopt the BC zone as a residential targeted area in which property tax exemptions may be granted for construction of qualifying multifamily housing; and WHEREAS, RCW 84.14.040(2) provides that the City Council may adopt a resolution of intent to designate a residential targeted area, and that the resolution must state the time and place of a public hearing to be held by the City Council to consider the designation of the area; and WHEREAS, notice of the public hearing shall be published once each week for two consecutive weeks, not less than seven days, not more than thirty days before the date of the hearing, in accordance with RCW 84.14.040(3). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Intent to designate BC zone. The City Council intends to consider the designation of the BC zone, as shown in Exhibit A, as a residential targeted area for the purposes of limited tax exemption for new multifamily development pursuant to RCW 84.14. Such designation, including accompanying criteria governing the granting of any limited tax exemption for the BC zone, will be considered by the City Council at a public hearing as described below. Section 2. Hearing. The public hearing on the proposed designation of the BC zone as a residential targeted area for the purposes of limited tax exemption for new multifamily development, and accompanying criteria governing the granting of any limited tax exemption for the BC zone, shall be held at a regular meeting of the City Council on July 18, 2023, at 6:30 p.m., or as soon thereafter as possible in the Federal Way City Council Chambers, located at 33325 8thAvenue South. The hearing shall be noticed in accordance with RCW 84.14.040(3). Resolution No. 23- Page 2 of S Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ATTEST: 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK Resolution No. 23- Page 3 of 5 APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 4 of 5 Exhibit A — Map of Properties zoned Community Business (BC) Map Dale April 24 2023 'A Federal Way Official Zoning Map: BC Zones �5� Ms ayG1' Centemd on Opportune ellechve Date. 4 2023 Federal Way, 0 98003 Opportunity 'April by ordmerwY M2}954 (253) 835-7000 w dlyoRederal -c— �s 1P - C� �! Jfiri. Resolution No. 23- Page 5 of 5 COUNCIL MEETING DATE: June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: Sa SUBJECT: RESOLUTION: ADOPTION OF THE 2024-29 TRANSPORTATION IMPROVEMENT PROGRAM POLICY QUESTION: Should City Council approve the proposed 2024-29 Transportation Improvement Program? COMMITTEE: Land Use and Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., Ci Traffic Engineer DEPT: Public Works _..... �— ----- ....................... _ . ---- ---------------- --- Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S RE('OMME`DATION: Option]. MAYOR APPROVAL: O DIRECTOR APPROVAL. 40--- �70'L- ('c0 ttec Initial/Date 1n41nPDatc Imua! x�e COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 20, 2023, Council meeting for adoption. Jack Dove , Committee Chair ac Walsh, dommittee Member Hoang Tran. Committee Member PROPOSED COUNCIL MOTION: 'V i ve approval of the proposed resolution. " (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: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM•' EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Adoption of the 2024-29 Transportation Improvement Program Financial Impacts: The Transportation Improvement Program ("TIP") helps inform the budget process on needed roadway capital improvements. The projects listed in the first three years are to be fully funded or have a reasonable chance of having all funding secured. Later years include projects that have reasonable chance of having partial funding secured. Background Information: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991. The City is also required to adopt a revised TIP on an annual basis to reflect the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft plan, which is proposed for the June 20, 2023 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed'with the Washington,Slate Secretary of Transportation and the Washington State Transportation Improvement Board. Attached for your review and comment is the 2024-29 TIP list of projects and a map showing their locations. The six -year TIP responds to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP.2.3, which reads, "Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Projects prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. Completed Projects • None New Projects S 320th St st 21 st Ave S Grade Separation 28th Ave S: S 312th St — S 308th Ln Rev 6/2020 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program for 2024- 29, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95- 210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04- 433, 05-451, 06-481, 07-503, 08-732, 09-550,10-558, 11-609, 12-622, 13- 640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738, 19-761, 20-792, 20- 802, 21-811, and 22-830). WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26-RCW, the Federal Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 20, 2023, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended TIP for the ensuing six calendar years; and WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required annually to revise and adopt an extended TIP; and WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Non - Significance ("DNS"), Federal Way File 23-101915-00-SE, issued for the City's 2024-29 TIP, which includes the extended and revised projects contained in the TIP adopted herein; and Resolution No. 23- Page I of 5 WHEREAS, adoption of the City's 2024-29 TIP DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised TIP adopted herein. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements, and the estimated costs thereof, is hereby approved and adopted for the ensuing six (6) calendar years (2024-29 inclusive). Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the Washington State Secretary of Transportation and the Washington State Transportation Improvement •MJ Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any Resolution No. 23- Page 2 of 5 references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 5 Exhibit A CITY OF FEDERAL WAY TRANSPORTATION IMPROVEMENT PROGRAM (TIP) - 2024 TO 2029 I Map ROADWAY CAPITAL PROJECTS Year 2023 Costs In $ thousands ID" Location Description Previous Years 1 2023 2024 2025 2026 2027 2028 2029 Total 14 City Center Access Phase 1 - Environmental Update environmental documentation for modified access at S 3201h St & S 324th St 4 427 300 4,722 1b City Center Access Phase 2 - SB Ramps Construct all SB 1-5 ramps, extend S 3241h Street from 23rd Ave S to-1-5 6.000 24.000 10,490 20,000 22,560 22 560 105,610 2 SR 99 @ S 373rd St Install roundabout, median control 20 400 525 2,100 2.100 5-145 3 SW 3201h $1 @ 471h Ave SW I nstae traffic signal 637 637 4 S 312th SI C 28th Ave S Add SB ri hl-lum lane or construct roundabout 809 809 5 SW 3401h SC 371h Ave SW- City Limits Widen to 5 lanes 310 420 525 2.308 3,563 6 21s1 Ave S @ S 3201h St Install traffic signal 112 1,047 1.159 7 S 3201h St & 1 at Ave S Add EBL WBL, MR I SBR; widen to 5lanes N 10 3 f6th St or Allemalbye Measure 569 10,378 10.945 8 S 3481h St. 91h Ave S - SR 99 Overlay is 95 1.976 1.1116 9 161h Ave S: S 344th St- S 3461h St Add SB auxiliary lane 420 1,678 4,306 6.404 10 Citywide Implement Adaptive Traffic Control System Phases I & II 2.693 300 2,993 11 Citywide Install variable lane use coniml signs 466 516 100 1,082 12 Military Rd S @ S Star Lake Rd Add EB right -turn lane, sidewalk 220 1.049 1.269 13 SR 509 @ SW 301st St Install compact roundabout 157 734 891 14 Cilywide Implement Adaptive Traffic Control System Phase III 700 105 805 15 SR 509 @ 47th Ave SW Install compact mundatioul 1,110 130 1 1,240 16 SW 340th SI: 31 st Ave SW - 37th Ave SW Widen to 5lanes 525 1,570 4,200 6,295 17 Cilywide Annual overlays 3,150 3.150 3,150 3,150 3,150 3,150 3.150 22.050 10 SR 509 @ 4th Ave S Install compact roundabout 210 840 1.050 19 City Center Adaptive Traffic Control System - City Center Stage 2 - Detection upgrades 875 875 20 Cltde Adaptive Traffic Control System Phase IV; 1st Ave S 787 787 21 Cilywide Adaptive Traffic Control System Phase V; 21st Ave SW & SW Campus Or 1259 1.259 22 Military Rd S: S 3201h St- SR 18 Overlay 50 1260 1.310 23 S 356th SI: 1 st Ave S - SR 99 Widen to 5lanes, bike lanes, sidewalks 315 315 3150 3156 1a050 20.98 24 Citywide Street Vegetation Management 200 200 200 200 200 200 200 1,45U 25 SW 3441h SI @ 27th Ave SW Construct compact roundabout 50 110 585 745 26 Citywide High Friction Surface Treatments 383 3640 4,023 27 S 3201h St: 1st Ave S - SR 99 Overlay 50 3100 3,150 28 S 3241h St: 1 ith PI S - SR 99 Overlay 50 840 890 Subtotal oadway Capital Projects 10,305i 6,598 14,20 36,153 23,917 39,760 32,740 41,535 205,211 i Map NON -MOTORIZED CAPITAL PROJECTS Year 2023 Costs in 9 thousands ID Location Description Previous Years 1 2023 2024 2025 2026 2027 2023 2029 Total 29 1 SW King County Regional Trail Plan Plan to conned Ira11s to adjacent cities 100 200 300 30 1 st Ave S: S 292nd St - S 312th St Shoulder improvements 3.950 3,950 31 Citywide ADA Retrofits 420 420 420 420 420 420 420 2,940 32 Citywide Pedestrian Safety Install mid -block crossing treatments or other pedestrian improvements 1,231 168 168 166 168 335 335 335 2 906 33 Citywide Pedestrian Safety System Improvements Install mid -block treatments 160 1.080 1,240 34 Citywide RRFB Upgrades -crossing Replace median -mounted RRFB's with most arm mountin s 140 690 830 35 SR 509: SW 312th St- 21sl Ave SW Install sidewalk and slreellighls on south side 200 1,300 1,500 36 Federal Way Transit Center Pedestrian Access Improvements 100 900 7000 37 S 3121h St: Steel Lake Park - 28th Ave S Install sidewalk and streetlights on south side 1 100 650 750 38 City Center Access - BPA Trail Extension Construct multi -use path between Celebration Park and Federal Way Transit Center 630 1.0491 1.049 4,3W 7,028 39a Pacific Flwy S Trail - 161h Ave S IS 2891h St to S 31 SQ Construct mutll-use path 2W 262 944 2180 7.350 10,944 39b Pacific Hwy S Trail - 16th Ave S (SR 509 to S 308th St) Construct multi -use path 300 1 m 2.293 40 S 314th St: PVR Wy S - 23rd Ave S Add sidewalks and street lights 1T5 131 131 1.678 1,365 3,460 41a S 2881h St Military Rd S - 34th Ave S Restria to 3 lanes with bike lanes, improve pedestrian facilities 105 944 1,049 41 b S 2581h St: 161h Ave S - 34th Ave S Restripe to 3 lanes with bike lanes, improve pedestrian facilities 100 104 104 2.308 2,616 42 FWHS - City Center Greenwa : S 3081h St 1201h Ave S Greenwa im rvements 104 420 5 24 43 Cilywide 1 Loeal Im rovemenl District Nan -Motorized Improvement Program _ 315 315 315 315 315 315 315 2,206 44 S 320th St Grade Separation I Conceptual design and feasibility analysis to lower S 320 St in City Center 200 1001 300 45 28th Ave S: S 312th St - S 308th Ln I Install sidewalk and streetlights on east side or 28lh Ave S and south side of S 3081h Ln 20 300 500 200 1,020 Subtotal Non -Motorized Capital Projects j 2,308 5,478 4,706 7,953 9.083 3,797 7.5141 6.020 .46,877 4 Resolution No. 23- Page 4 of 5 Exhibit B City of Federal Way 2024 - 2029 Transportation Improvement Program Legend • Intersection Improvements City Center Access - Phase 1 City Center Access -Phase 2 Corridor Improvement Non -Motorized Improvement Overlay Improvement Federal Way Transit Center Projed #'s 10, 11, 14, 17, 19, 20, 21, 24, 26, 29, 31, 32, 33, 34, 6 43 are City Wide pmjeds and are nd caged out on the map Original Map Date: March 2023 0 os 1 N Milos Federal Way ['cola 4_ opptvfumty This map is accompanied by no warranties, and is simply a graphic representation Resolution No. 23-_ Page 5 of 5 COUNCIL MEETING DATE: June 20, 2023 ITEM #: / a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SELECTION OF CANDIDATES TO INTERVIEW FOR COUNCIL POSITION No. 2 APPOINTMENT. POLICY QUESTION: Should the City Council narrow the pool of candidates for interviews based on the written application materials, as allowed in Council Rules 21.4(e)? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing N City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtnev, CMC DEPT: City Clerk Department Attachments: Staff Report Options Considered: 1. Narrow the candidate pool based on the minimum requirements and written application materials submitted. 2. Interview all applicants who met the minimum requirements. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Comm'ie fr�. Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move the selection of the following individuals for an in person interview to be held during a City Council Special Meeting on June 26, 2023 (and June 29, 2023, if needed): " (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: June 20, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Stephanie Courtney, City Clerk Departmen@ SUBJECT: Selection of Applications to Interview for Council Position Number 2 Financial Impacts: No financial impact. Back round Information: The City Council received a verbal resignation for Council Position No. 2 on May 16, 2023, during the regular City Council meeting. Since the resignation was received after King County filing week began on May 15, 2023, the vacant seat is not eligible to be included in the election cycle and the city will follow the appointment processes as outlined by state law (RCW 29A.27.171). At the direction of the Mayor, the City Clerk issued a public notice on May 17, 2023 providing notice of the vacancy and the process to be followed. The application deadline was set for June 15, 2023 at 5:00 p.m. Following the deadline, the City Clerk confirmed residency and voter status with King County Elections. 19 applications were received by the deadline with one applicant screened out having not met the criteria. Per Council Rules of Procedure 21.3(e), 18 sets of application materials for those who met the minimum requirements were circulated to the Mayor and City Council for review. As the total of number of applications received exceeded six (6), the City Council is provided the opportunity in Council Rule 21.4(e) to either narrow the candidate pool for interviews, based on the written materials submitted, or reduce the 30-minute interview time per candidate. This action is discretionary and is not a required step in the appointment process outlined in state law. City Council special meetings have been scheduled for Monday, June 26 at 5:00 p.m. and Thursday, June 29 at 5:00 p.m. (if needed). Should the City Council not take action to narrow the candidate pool, or reduce the interview time, a minimum of nine (9) hours of meeting time would need to be identified. Rev. 7/18 The process for conducting interviews is outlined in Council Rules of Procedure Section 21.4 as follows: Each interview of an applicant will be no more than 30 minutes in length as follows: (a) The applicant will present his or her credentials to the City Council. (10 minutes) (b) The City Council will ask the predetermined set of questions, which must be responded to by the applicant. Each applicant will be asked and will answer the same set of questions, and will have two (2) minutes to answer each question. (14 minutes) (c) An informal question and answer period in which Council Members may ask and receive answers to miscellaneous questions. (10 minutes) Following the City Council determination of the interview list, the City Clerk will notify applicants of their status. The order of appearance for interviews will be determined by a random lot drawing performed by the City Clerk. Rev. 7/18 COUNCIL MEETING DATE June 20, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:...... .. ... 10 . .............a ..... . ... SUBJECT: ORDINANCE: VIEW PROTECTION CODE AMENDMENTS POLICY QUESTION: Should the City Council amend Title 19 of the Federal Way Revised Code to protect views of Mount Rainier from public spaces downtown? COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMME; . TION: Option 1. MAYOR APPROVAL. DIRECTOR APPROVAL: 2'3 1 on a iee oc Initial/Date In alrUate Inu Unr COMMITTEE RECOMMENDATION:1 move to forward the proposed ordinance to First Reading on June 20, 2023. Ja)Ek ljovey. Coktmj ide Chair Ja&Malsh, Committee Member Hum,, Tran, Committee Member PROPOSED COUNCIL MOTION(S): % // FIRST READING OF ORDINANCE (6/20/23): "1 move to forward the proposed ordinance to the July 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (5/2/23): "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 # V�/✓ CITY OF FEDERAL WAY MEMORANDUM DATE: May 15, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director — SUBJECT: Proposed code amendments to include view protection Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: Planning staff have initiated code amendments to add a provision for view protection to the City code. The City's Comprehensive Plan includes language aimed at protecting views in the City Center area. Specifically, the following excerpts are from the Comprehensive Plan: Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks. CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. The proposed code amendments implement the intent of this Comprehensive Plan text. Procedural Summary: 1 /27/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (23-100430-SE) 2/3/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 2/17/23: End of SEPA Comment Period 3/10/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 6/5/23: LUTC Council Committee (anticipated date) 6/20/23: City Council 1 st Reading (anticipated date) 7/5/23: City Council 2nd Reading (anticipated date) Planning Commission Recommendation: The Planning Commission conducted a Public Hearing on March 15, 2023. There were no public comments regarding the proposed code amendments. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code amendments to the City Council with a recommendation of approval with incorporation of a legal method of defining the protected view of Mt. Rainier. Rev 6/2020 May 15, 2023 Land Use and Transportation Committee View Protection Code Amendment Page 2 Decision Criteria: FWRC 19.80.130 provides criteria for zoning text amendment. 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: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) text: "Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks." CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. LUPI Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The proposed FWRC text amendments preserve views of Mt. Rainier from established public spaces in the City's downtown. The proposed code amendments are specific in both the intended view (of what) to preserve and from what vantage points. The natural view of Mount Rainier is considered a public asset, as determined in the City's Comprehensive Plan. 3. The proposed amendments are in the best interest of the residents of the city. Staff Response: The proposed amendments are intended to limit the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents from downtown public spaces. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to incorporating view protection as a zoning overlay affecting limited properties in the City Center core (CC-C) and City Center frame (CC- F) zones; amending FWRC 19.05.150, 19.190.010, 19.190.020, 19.190.060; and adding a new Chapter 19.245 FWRC, including section 19.245.010 (Amending Ordinance Nos. 90-43, 96-270, 07-559, 08-583, 08-585, 09-593, 09-597, 09-610,12-727, 20-898). 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 initiated code amendments to add a provision to incorporate view protection for limited properties in the City Center core (CC-C) and City Center frame (CC-F) zones; and WHEREAS, State agencies received 60-day notice of the proposed amendments on January 25, 2023 (ID 2023-S-4737); 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 proposed code amendments on January 27, 2023, no comments were received and Ordinance No. 23- Page 1 of 12 the DNS was finalized on February 17, 2023, and no appeals were filed and the appeal period has expired; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on March 15, 2023; and, forwarded a recommendation of approval, incorporating a legal way to define the view of Mt. Rainier to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on June 5, 2023, and recommended adoption of the text amendments and zoning map amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by limiting the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the Performing Arts and Events Center (PAEC). By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents, employees, and visitors from downtown public spaces. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of its title under FWRC and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 23- Page 2 of 12 (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 procedures 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 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: CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. L'UP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the amendments provide provisions in the code to preserve views of Mt. Rainier from established public spaces in the City's downtown. The proposed code amendments are specific in both the intended scope of view to preserve and from what vantage points. The natural view of Mount Rainier is considered a public asset, as determined in the City's Comprehensive Plan. Ordinance No. 23- Page 3 of 12 (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they are intended to limit the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents from downtown public spaces. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Section 3. FWRC 19.05.150 is hereby amended to read as follows: "Occupant" means a person that legally occupies a structure or property. "Office use " means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of "office": banks, savings and loan companies and similar financial institutions. "Office zones" mean the PO, OP and CP-I zoning districts. "On -site hazardous waste treatment and storage facilities" means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. "Open house" means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. Ordinance No, 23- Page 4 of 12 "Open record hearing" means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space " means an area of land that is valued for natural processes and wildlife, for agricultural production, for active and passive recreation, and/or for providing other public benefits. In certain cases, open space may refer to both outdoor and indoor spaces that provide active or passive recreational amenities for a development's occupants or users. "Open space, common, " means open space which is normally utilized by the occupants of a building or property. "Open space, private, " means open space, the use of which is normally limited to the occupants of a single dwelling. "Open space, public, " means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. Ordinance No. 23- Page 5 of 12 "Outdoor " means not contained within a building. "Outdoor storage " means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers" means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction - related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Overlays" means zoning overlay areas. See FWRC 19.190 and 19.245. "Owner " means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Section 4. Chapter 19.190 FWRC is hereby amended to read as follows: Chapter 19.190 General Zoning and Overlay Regulations Section 5. FWRC 19.190.010 is hereby amended to read as follows: 19.190.010 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: Ordinance No. 23- Page 6 of 12 Zoning Category (1) Suburban estate zones (2) Single-family residential zones (3) Multifamily residential zones Symbol SE RS (followed by a designation indicating minimum lot size per dwelling unit) RM (followed by a designation indicating minimum lot size per dwelling unit) (4) Professional office PO zones (5) Neighborhood BN business zones (6) Community business BC zones (7) City center core and C C P (OP-1 — OP-4) (10) Planned areas PA (followed by a (11) Corporate park zones designation indicating which planned area) CP-1 The city contains the following overlay categories with the abbreviations shown: Overlay Category Symbol (1) Mount Rainier view VP protection Section 6. FWRC 19.190.020 is hereby amended to read as follows: 19.190.020 Zoning and overlay boundary interpretation. (1) Following property lines. Where a zone or overlay boundary is indicated as approximately following a property line, the property line is the zone boundary. Ordinance No. 23- Page 7 of 12 (2) Following streets. Where a zone or overlay boundary is indicated as following a street, the midpoint of the street is the zone boundary. (3) Other cases. Where a zone or overlay boundary is not indicated to follow a property line or street, the boundary line is as drawn, based on the scale shown on the zoning map. (4) Puget Sound. Where a zone or overlay abuts upon or extends into Puget Sound, the zone or overlay boundary extends into Puget Sound to the full limit and territorial extent of the police power, jurisdiction and control of the city. (5) Classification of vacated rights -of -way. Where a right-of-way is vacated, the area comprising the vacated right-of-way will acquire the zone classification of the property to which it reverts, along with any applicable overlays. Section 7. FWRC 19,190.060 is hereby amended to read as follows: 19.190.060 Application of zoning regulations. Except as otherwise provided in this title: (1) No building or part thereof or other structure shall be erected, altered, added to, or enlarged, nor shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in this title as permitted in the district in which such building, land, or premises is located. (2) No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this title for the district in which such building is located. (3) No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building Ordinance No. 23- Page 8 of 12 location regulations designated in this title for the district in which such building or open space is located. (4) No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building lot shall be considered as providing a yard or open space for a building on any other building lot. (5) Except as expressly allowed in 19.30 FWRC, no building or part thereof or structure shall be erected, reconstructed, or structurally altered to be inconsistent with the limitations or provisions provided by any overlays as provided for in 19.245 FWRC. Section 8. A new Chapter 19.245 "Overlays" is hereby added to Division VI Zoning Regulations to read as follows: 19.245.010 Mount Rainier view protection overlay. (1) applicability. Properties within the Mount Rainier view protection overlay are illustrated on the City of Federal Way Zoning_Map. (2) Theta, protection. Buildings and structures on properties within the Mount Rainier view protection overlay shall not impact views of the polygon delineated below, as viewed from three vantage points: the plaza adjacent to the southeast corner of the Federal Way Performing Arts & Event Center (Latitude 47.318960, Longitude-122.30728): between the benches on the south side of the Federal Way Performing Arts & Event Center (Latitude 47.31890, Longitude-122.30755); and the center of the plaza east of the Federal Way Performing Arts & Event Center (Latitude 47.31910, Longitude-122.30618): all at a height of 5 feet above the finished surface. Ordinance No. 23- Page 9 of 12 3) ViersF study. All new, reconstructed, or structurally altered buildings must submit a view study as part of the applicable city review process demonstrating, the new, reconstructed, or structurally altered building will not impact views of the polygon in FWRC 19.245.010. The view modeled shall be from the location identified in the preceding subsection. include Mount Rainier as the destination, and depict all new, reconstructed, or structurally altered buildings to enable clear identification of the impact, if any. on the protected view polvgon. Section 9. Zoning Map amendment. The Official Zoning Map is amended as provided in Exhibit A. Section 10. 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 11. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Ordinance No, 23- Page 10 of 12 Section 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 13. 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 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 I I of 12 Exhibit A — Updated Official Zoning Map `Federal way Official Zoning Map Cent, and on Opportunity �! am.. ]mT W ast.v maa ��a�ryr Tacoma 1 F t My Z"iV Cot�dlao] �K 1pocYl Ca= F�•� (R.p�'w Cana ma-trr ftF� 1p]+u e :0._a..p.. "f Q Iywrn R6,p +a0]pp tlFa r]]pp ]o+. o OnYrs Rt-0. ' IapYO IlY'.:]W'-0+� Q PM1r�x A1tG0 Q Cure p]rwrarW]Ip �� 4tsil � Q Cab MR^�M]i� . P.I . Caw. M o Pb,oim t � C9a 0., .m-t Cl.Pnt Q C.ivta 4M+p - .Op.] mo panatxgpa]t]]p]]e! ® a6Yt . QR]Oaa Por] Q QMQ�Ip{]i l 4�ntFwiv taw ' n-] s tw rS ao Lt� I_-- t ilY:p50op Sow ... �. !A9 t Fite / Milton uw--- cw ]1 �te+Mt "br-WAp6]a Sa�!us]am Kent i 1 Des la- 14* ' Moines , JI F Edgewood Ordinance No. 23- Page 12 of 12 COUNCIL MEE... .......TING DATE: June 20, 2023 ITEM #: 10b -- ----------- ---... .... ... .......... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: TITLE 18 FWRC ACCESSORY DWELLING UNIT CODE AMENDMENTS POLICY QUESTION: Should the City Council implement Housing Action Plan strategy #4: Encourage ADU Production, and approve the proposed code amendments to Title 18 FWRC regulating ADUs? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other PORT BY: ChaneySka sen, enior Planner DEPT: Community Development STAFF RE... _._...-- . . - --- ._----- Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL s D DIRECTOR APPROVAL: CmI� Z3 C MItice C'oune Initial/Date Inlnal/DJ Initial' ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 20, 2023 Comm Member Committee Member PROPOSED COUNCIL MOTION(S): v FIRST READING OF ORDINANCE JUNE 20, 2023: "I move to forward the proposed ordinance to the July 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JULY 18, 2023: "I move approval of the proposed ordinance. " TO BE COMPLETED BY CITY CLERKS COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED— 1 il2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # 0* e 1 J CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Department Chaney Skadsen, Senior Planner SUBJECT: Title 18 Accessory Dwelling Unit Code Amendments Financial Impacts: There is no cost to the City associated with the proposed code amendments. Background Information: Legislative Background: The 1993 Washington Housing Policy Act required many Washington cities and counties to adopt ordinances encouraging the development of accessory apartments or accessory dwelling units ("ADUs") in single-family zones per RCW43.63A.215 and RCW 36.70A.400. The City adopted regulations for the provision of ADUs in 1995 and amended such regulations multiple times. Most recently the,provisions regulating ADUs were amended in 2022 through Ordinance No. 22-932 to update the definition for accessory dwelling unit and to comply with ESSB 6617 regarding off street parking. ADUs are small living spaces that share a parcel with an existing or concurrently -built house (the primary dwelling unit). ADUs come in many configurations such as attached located in the basement, attic, garage conversion, or detached backyard cottage or garage apartment, that are not connected to a house. ADUs provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, as well as other household forms through the unique opportunity to create an independent living space added to an existing lot. ADUs in Federal Way: Accessory dwelling units are increasingly popular particularly among property owners. Frequently the applicants for ADUs are the property owners themselves and often lack familiarity with local permitting and are not involved in the commercial development or construction industry. An inventory of permit history identified that between the years of 2001-2021 a total of 60 ADU permits were issued. Of the permits issued only 35 were built and received a final inspection. Rev 7/18 ADU Production 12 10 • Permitted ADUs ■ ADUs Constructed by Year (By Final Built Date) 8 6 4 oti oti o" ,�o ,�o o° o' ,yo o`° ,yo do ,yo o, o� o° ,yo ti titi ti° ,yo ,yo ti° ,yo ,yo do ,yo ,yo ,yo ,yo ,yo .yo .yo ,yo .yo The City of Federal Way's current regulations of accessory dwelling units provide for little flexibility and result in barriers to ADU approval. For example, Federal Way Revised Code (FWRC) currently features a code provision prohibiting ADUs within Cluster Subdivisions. Summary of Proposed Code Changes: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, the proposed code amendment to Title 18 is to allow ADUs as a permitted use within cluster subdivisions. Per FWRC 18.55.040(2)(g) Cluster lots are not eligible for accessory dwelling units under FWRC 19.195.180 or 19.200.180. The proposed code amendment is to remove this provision and allow ADUs as a permitted use within cluster subdivisions. Proposed Code Amendment Objectives: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by expanding the developments in which an ADU is a permitted use. Procedural Summarv: The City's Responsible Official determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RC W 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. On March 24, 2023, the City issued a Determination of Non significance. No comments were received during the comment period and no appeals were filed by the appeal deadline on April 28, 2023. Public notice of the Planning Commission hearing was published in the Federal Way Mirror Rev 7/18 and posted on the City designated bulletin boards April 28, 2023. This staff report was issued on May 11, 2023, and emailed to members of the Planning Commission and department stakeholders. The proposed code amendments were presented in a Public Hearing at the May 17, 2023 Planning Commission. The Planning Commissioned approved a motion to recommend City Council approve the proposed code amendments as written. Decisional Criteria: FWRC 19.80. 130 provides 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 amendment is consistent with the applicable provisions of the comprehensive plan; Staff Response The proposed code amendment is consistent with the following goals and policies: HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. 2. The proposed amendment bears a substantial relation to public health, safety, or welfare; Rev 7/18 Staff Response — The propose code amendments bear a substantial relationship to public welfare as it provides relief for regulatory barriers that exclude ADUs as a permitted use within Cluster Subdivisions. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response — The propose code amendments are in the best interest of the City as it provides flexibility in the code by expanding the opportunities for the developments of which ADUs are a permitted use. Rev 7/ 18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to accessory dwelling units; amending FWRC 18.55.040, (Amending Ordinance Nos. 90-41, 97-291, 98-309, 98-330, 01-381, 07-554, and 09- 610) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 18 (Subdivisions) of the Federal Way Revised Code ("FWRC"), 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, Washington State is experiencing a housing affordability crisis; and WHEREAS, the housing supply in Federal Way falls short of meeting the current and future housing demand; and WHEREAS, accessible housing options with convenient living arrangements that allow family members or other persons to provide care and support without resulting in displacement or relocation for persons with disabilities, multigenerational households, and seniors desiring to age in place are very limited; and WHEREAS, the City adopted a Housing Action Plan ("HAP") in October, 2021, which provides a strategic road map of actions the City can take to encourage housing production, and expand housing choices for residents of all income levels; and WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU") production; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and; Ordinance No. 23- Page I of 8 WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 17, 2023, 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 June 5, 2023, and recommended adoption of the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by 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 Title 18 under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 23- Page 2 of 8 (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. 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: HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. Ordinance No. 23- Page 3 of 8 HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC, and that has minimum adverse impacts. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage the production of housing and expand housing choices in the City of Federal Way at a time when the increasing demand for housing is unmet. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the permit review process for ADUs. Section 3. FWRC 18.55.040 is hereby amended to read as follows: 18.55.040 Cluster Subdivisions. (1) Purpose. The term "cluster subdivision" applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; promote usable open space; and promote the retention of native vegetation. Ordinance No. 23- Page 4 of 8 (2) Standards. (a) The gross land area available for cluster subdivisions must be a minimum of two acres. (b) Lots created in a cluster subdivision may be reduced in size below the minimum required in FWRC Title 19, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWRC 19.110.010(4)(a) (affordable housing bonus). (c) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (d) Refer to FWRC 19.120.110 for additional development standards for sites with slopes of 15 percent or greater. (e) Open space. (i) Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. (ii) Any subdivision created by this section must provide all open space on -site and it must be all usable except up to five percent can be buffer. (iii) All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (f) Cluster subdivisions can be constructed with zero lot lines under the following conditions: Ordinance No. 23- Page 5 of 8 (i) No more than two units shall share a common wall. (ii) Zero lot line cannot occur in zones of RS 9.6 or greater. (iii) Each dwelling unit shall be built to respect privacy of abutting homes. (iv) Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. (v) Each unit shall be intended for owner occupancy. (3) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (a) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. (b) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land area must be usable on -site open space, which is identified with the development and easily accessible to residents. (c) Native tree retention in accordance with FWRC 19.120.130 et seq. (d) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (e) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. Ordinance No. 23- Page 6 of 8 (f) Each dwelling unit shall meet the design standards in the FWRC community design guidelines for cluster subdivisions. Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23- Page 7 of 8 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 8 of 8 COUNCIL MEETING DATE: June 20, 2023 ITEM #: 1 Oc CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: TITLE 19 FWRC ACCESSORY DWELLING UNIT CODE AMENDMENTS POLICY QUESTION: Should the City Council implement Housing Action Plan strategy #4: Encourage ADU Production, and approve the proposed code amendments to Title 19 FWRC regulating ADUs? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chanev Skadseenn Ceennior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROV.IL�--/—.o(_05rA ­-V1 DIRECTOR APPROVAL: In iial,D& // Initial+ Z`� COMMITTEE 1IME\DATION: I move to forward the proposed ordinance to First Reading on June 20, 2023. Committee Chair " / / Committee Member Committee Member COUNCIL MOTION(S): FIRST READING OF ORDINANCE JUNE 20, 2023: "I move to forward the proposed ordinance to the July 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JULY 18, 2023: "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 — 1112019 RESOLUTION # J CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Department Chaney Skadsen, Senior Planner SUBJECT: Title 19 Accessory Dwelling Unit Code Amendments Financial Impacts: Removing land use review will lead to a modest reduction in permitting revenue, but the reduction in revenue will be offset by the reduction in staff time expended on reviewing ADU permits. Background Information: Housing choice and affordability continue to be some of the greatest challenges facing the Puget Sound region. Rising demand continues to outpace supply and often does not result in the housing typology, size, and price desired by existing and future residents. In 2019, the City of Federal Way received a.$100,000 grant from the Washington State Department of Commerce to prepare a Housing Action Plan (HAP). In October 2021, the City Council approved the City's HAP which provides a strategic road map for actions to encourage housing production, greater housing diversity, and expand housing choices. The HAP identified 4 housing objectives and 8 strategies stated below: 11AP Objectives: 1. Promote new housing development that expands housing choices and is inclusive to community needs. 2. Encourage homeownership opportunities and support equitable housing outcomes. 3. Plan for continued growth and ensure that the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. 4. Preserve existing affordable housing stock to prevent displacement pressure. HAP Strategies: 1. Promote a dense. walkable, and mixed -use City Center. 2. Promote mixed -use. walkable subareas and neighborhood centers. 3. Increase diversity in housing choice through expanding "missing middle" Rev 7/18 development opportunities. 4. Encourage accessory dwelling unit ("ADU")production. 5.. Ensure that Financial and re7ulatory incentives for mixed -income housing are effective. 6. Review school impact fees on multifamily housing. 7. Coordinate affordable housing development and preservation with nonprofit developers, community .groups. and the South King Housing and Homelessness Partners (SKHHP). 8. Protect tenants and support pathways to homeownership. Proposed Code Amendment Objectives: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by removing regulatory and financial barriers to ADU production and streamlining the permitting process. Accessory Dwelling Units: Legislative Background: The 1993 Washington Housing Policy Act required many Washington cities and counties to adopt ordinances encouraging the development of accessory apartments or ADUs in single- family zones per RCW43.63A.215 and RCW 36.70A.400. The City adopted regulations for the provision of ADUs in 1995 and amended such regulations multiple times. Most recently the provisions regulating ADUs were amended in 2022 through Ordinance No. 22-932 to update the definition for accessory dwelling unit and to comply with ESSB 6617 regarding off street parking. ADUs are small living spaces that share a parcel with an existing or concurrently -built house (the primary dwelling unit). ADUs come in many configurations such as attached located in the basement, attic, garage conversion, or detached backyard cottage or garage apartment, that are not connected to a house. ADUs provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, as well as other household forms through the unique opportunity to create an independent living space added to an existing lot. ADUs in Federal Way: Accessory dwelling units are increasingly popular particularly among property owners. Frequently the applicants for ADUs are the property owners themselves and often lack familiarity with local permitting and are not involved in the commercial development or construction industry. An inventory of permit history identified that between the years of 2001-2021 a total of 60 ADU permits were issued. Of the permits issued only 35 were built and received a final inspection. Rev 7/1 S ADU Production 12 10 • Permitted ADUs ■ ADUs Constructed by Year (By Final Built Date) S 6 4 ,ti0 Oti 10611 ,ti0 O', .0O 10O', ,LO 00 .LO O` ,�O Ooo 1000 ,ti0 y0 ti~ yL ti� tia �� ti0 ti� ti� �° ti0 ,ti0 ,10 ,ti0 ,LO ,y0 ,LO .y0 ,ti0 ,LO ,LO ,ti0" The City of Federal Way's current regulations of accessory dwelling units provide for little flexibility and result in barriers to ADU approval. For example, Federal Way Revised Code (FWRQ currently features a code provision prohibiting legally nonconforming lots that do not meet the minimum lot size per the underlining zoning district from being eligible for an ADU. The map below identifies the neighborhoods and lots throughout the City of Federal Way in purple where an ADU is prohibited based on the current development regulations. Federal Way Developed Single Family Parcels with Nonconforming Lot Sizes A A i nr fill i .�I. 74 1• eb 41 �p k .4 io The current regulations include an owner occupancy requirement for 6 months out of a year, limits the size of the ADU to 800 square feet or up to 40% of the primary unit size, whichever is less, and requires an additional parking space for properties outside ofa'/4 mile radius from a major transit stop. However, some of these regulations serve as barriers to Rev 7/1 S developing ADUs, resulting in fewer ADU units being constructed. Current development regulations create hurdles for compliance and provide limited flexibility for property owners or builders. The proposed code amendments are responsive to the existing housing stock and development pattern in the City. Summan, of Proposed Code Changes: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by removing regulatory and financial barriers to ADU production and streamlining the permitting process. Streamline permitting_ process: 1. FWRC 19.15.020 Exemptions and FWRC 19.265.020 Accessory dwelling units. Exempt ADUs from land use review, allowing applicants to go straight to building permit. The removal of this step will both quicken the permitting process and lessen the expense for the property owner. Reduce cost for ADU production: 2. FWRC 19.95.060 Exemptions and credit. Exempt ADUs from school impact fees and remove ADU land use permit review fee. Remove ret=u� latorybarriers: 3. FWRC 19.250.170 General provisions. Allow ADU in Cluster Subdivisions in Single Family Zones. This will expand the number of properties that are eligible for an ADU. 4. FWRC 19.05.010 A definitions and FWRC 19.265.010 Accessory uses, buildings, and structures. Amend the definition of "Accessory" to clarify that ADUs can be taller than the primary dwelling unit. This becomes a barrier for single story homes where an applicant would like to build an ADU above a garage or has such a small amount of lot size that they would like a 2-story ADU. In order to implement this code revision, amendments to the Accessory uses, buildings, and structures code section are required. 5. FWRC 19.05.040 D definitions, FWRC 19.30.085 Nonconforming lots (building able lots), FWRC 19.105.010 Buildable lots. Amend the definition of"Dwelling unit, accessory dwelling unit (ADU)" to allow an ADU to be a preconstructed ADUs, mobile homes, modular homes, and storage containers. Staff receive a number of requests from property owners for these types of units that are currently expressly prohibited by City code. This would allow owners to potentially reduce costs by not having to hire an architect. In order to implement this code revision, amendments are required in the Nonconforming lots and Buildable lots code sections listed above. 6. FWRC 19.130.240 Driveways and parking areas. Make it easier for applicants to meet the parking requirement by adding flexibility Rev 7/18 and increasing the area in which a car is allowed to be parked within the front yard. Where an additional parking space is required or desired for the ADU, allowing a wider driveway would ensure the vehicle associated with the ADU does not interfere with the parking relating to the main residence. 7. FWRC 19.195.180 ADUs in the Suburban Estates Zone FWRC 19.200.180 ADUs in Single -Family Zones. Allow ADUs on legally nonconforming lots that do not meet minimum lot size. Allow home occupations within an ADU. Remove owner occupancy requirement. By allowing ADUs on legally nonconforming lots, it would expand the number of properties in the City eligible for an ADU. Increase maximum size up to 1,000 or one floor area. The revision to 1,000 sf or 1 floor has been adopted by other cities. 8. FWRC 19.270.030 Home occupations. Allow home occupations within an ADU. The code currently has limitations for home occupations to ensure they do not become a nuisance for their neighbors. By allowing ADUs to also have home occupations, it would increase their appeal to some owners. Procedural Summarv: The City's Responsible Official determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RC W 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. On March 24, 2023, the City issued a Determination ofNonsignificance. No comments were received during the comment period and no appeals were filed by the appeal deadline on April 28, 2023. Public notice of the Planning Commission hearing was published in the Federal Way Mirror and posted on the City designated bulletin boards April 28, 2023. This staff report was issued on May 11, 2023, and emailed to members of the Planning Commission and department stakeholders. The proposed code amendments were presented in a Public Hearing at the May 17, 2023 Planning Commission. The Planning Commissioned approved a motion to recommend City Council approve the proposed code amendments as written. Decisional Criteria: FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. Rev 7/l8 The City may amend the text of the FWRC only, if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; Staff Response — The proposed code amendment is consistent with the following goals and policies: HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC, and that has minimum adverse impacts HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. 2. The proposed amendment bears a substantial relation to public health, safety, or welfare; Staff Response — The propose code amendments bear a substantial relationship to public welfare as it provides relief for regulatory barriers that impact the feasibility of ADUs in the City. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response — The propose code amendments are in the best interest of the City Rev 7/18 as it streamlines permitting processes, reduces costs, and provides flexibility in the code. Rev 7/ 1 S ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to accessory dwelling units; amending FWRC 19.05.010, 19.05.040, 19.15.020, 19.30.085, 19.95.060, 19.105.010, 19.130.240, 19.195.180, 19.200.180, 19.250.170, 19.265.010, 19.270.030; and repealing FWRC 19.265.020 (Amending Ordinance Nos. 90-43, 91-87, 95-245, 95-249, 96- 265, 00-375, 02-424, 06-533, 07-545, 08-585, 09-593, 09-605, 09-607, 10- 651, 11-700, 12-724,13-754, 15-804,18-850 and 22-932) WHEREAS, the City of Federal Way ("City) recognizes the need to periodically modify Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), 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, Washington State is experiencing a housing affordability crisis; and WHEREAS, the housing supply in Federal Way falls short of meeting the current and future housing demand; and WHEREAS, accessible housing options with convenient living arrangements that allow family members or other persons to provide care and support without resulting in displacement or relocation for persons with disabilities, multigenerational households, and seniors desiring to age in place are very limited; and WHEREAS, the City adopted a Housing Action Plan ("HAP") in October 2021, which provides a strategic road map of actions the City can take to encourage housing production, and expand housing choices for residents of all income levels; and WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU") Ordinance No. 23- Page I of 34 production; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 17, 2023, 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 June 5, 2023, and recommended adoption of the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by 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 Title 19 under Ordinance No. 23- Page 2 of 34 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. 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: HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory Ordinance No. 23- Page 3 of 34 housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC, and that has minimum adverse impacts. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage the production of housing and expand housing choices in the City of Federal Way at a time when the increasing demand for housing is unmet. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the permit review process for ADUs. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. Ordinance No. 23- Page 4 of 34 "Abandoned personal wireless service facility" means a WSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less gross square footage and its height is equal to or less than the height of the principal structure on the subject property, except in the case of accessory dwelling units which may be taller than the primary structure and equal in gross square footage. See FWRC 19.265.010. "Accessory living facility " means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. "Active uses " means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. Ordinance No. 23- Page 5 of 34 "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go- go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) `Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult -oriented merchandise; or Ordinance No. 23- Page 6 of 34 (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult -oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). Ordinance No. 23- Page 7 of 34 "Agricultural use " means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights " means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium " means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel " means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antique " or "collectible " means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant " means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. Ordinance No. 23- Page 8 of 34 "Aquifer " means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations " means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Area median income (AMI) " means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development. "Average building elevation (ABE) " means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Aram 01R H4�iov Lowest Reis rang Ruhe�t Bexm6on datum CAPES seunion Ordinance No. 23- Page 9 of 34 "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 4. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D definitions. "Day care facility, commercial " means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication " means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enj oyment of the public uses or purposes to which the property has been devoted. "Deleterious substance " includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246-290 WAC. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, Ordinance No. 23- Page 10 of 34 binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation " means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh) " means the diameter of a tree trunk as measured at four and one- half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development services, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal " means an animal which can be and is customarily kept or raised in a home or on a farm. "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils " means the earth and other materials removed from a body of water, a Ordinance No. 23- Page 11 of 34 watercourse, or a wetland by dredging. "Driveway " means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 13 types of dwelling units: (1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Ordinance No. 23- Page 12 of 34 (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (6) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (7) "Dwelling unit, small lot detached " means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee -simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (8) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (9) "Dwelling unit, studio " means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. (10) "Dwelling unit, townhouse " means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (11) "Dwelling unit, zero lot line townhouse " means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its Ordinance No. 23- Page 13 of 34 own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (12) "Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. (13) "Dwelling unit, accessory dwelling unit (ADU) " means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either: (a) Is a freestanding detached structure or part thereof, exel ding outdoor- storage eentainer-s and similar- stmetafes Used or- designed to be used as living f4eilities; or (b) Has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the ADU. Notwithstanding the general definition of dwelling unit, factory -built homes, manufactured Ordinance No. 23- Page 14 of 34 homes, outdoor storage containers, and similar structures used or designed to be used as living facilities may constitute ADUs regardless of whether such a structure meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. Section 5. FWRC 19.15.020 is hereby amended to read as follows: 19.15.020 Exemptions. Permits for the following are exempt from the provisions of process I through IV: (1) The development of detached dwelling units and accessory dwelling units on pre-existing lots, except where a land use process is triggered by the requirements of Chapter 19.145 FWRC. (2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025. (3) The director of community and eeena is development may exempt minor additions from the requirements of this chapter such as but not limited to additions necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment, minor exterior building facade modifications such as awnings and canopies, installing or relocating windows or doors. The director may exempt other similar improvements, for example improvements not visible from rights -of -way or residential uses or zones. Projects exempted from process I through IV shall be reviewed for zoning compliance with the associated building, mechanical or other permit. Section 6. FWRC 19.30.090 is hereby amended to read as follows: 19.30.085 Nonconforming lots (buildable lots). The development of a nonconforming lot under this chapter shall be subject to the buildable lot provisions of FWRC 19.105.010(2)— U3. Section 7. FWRC 19.95.060 is hereby amended to read as follows: Ordinance No. 23- Page 15 of 34 19.95.060 Exemptions and credits. (1) The following shall be exempt from the application of impact fees: (a) Any fonn of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or (b) The replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure; or (c) Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; (d) Accessory dwelling units ("ADUs"), .t,hethe,. ,,,.,.upiea as an n D T ,,, not; r ide , t • • • ••E.-IH.M • •• (2) Arrangement may be made for later payment with the approval of the district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest. (3) The developer shall receive a credit for any payment which has already been made for the lot or development activity in question, either as a condition of development approval or pursuant to the Ordinance No. 23- Page 16 of 34 terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. (4) The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. Second, the district shall determine whether the land, improvements, and/or the facility constructed are included within the district's adopted capital facilities plan or the board of directors for the district may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes. (5) For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine the value of the dedicated land, improvements, or construction provided by the developer for the district. The developer shall pay for the cost of the appraisal. (6) After receiving the appraisal, the district shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the district before the city will award the impact fee credit. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. Ordinance No. 23- Page 17 of 34 (7) Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. (8) In no event shall the credit exceed the amount of the impact fees due. Section 8. FWRC 19.105.010 is hereby amended to read as follows: 19.105.010 Buildable lot. (1) General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a buildable lot. A lot or parcel is a buildable lot if it meets all of the following criteria: (a) It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect. (b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title. (c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. (d) Nothing in the above subsections eliminates the requirement to comply with all other provisions of the FWRC, or other applicable regulations, prior to obtaining a building permit or other construction permit. (2) Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if. (a) There is or has ever been a residence on the subject property; or (b) It is a legal nonconforming lot and the owner does not own contiguous lots; or Ordinance No. 23- Page 18 of 34 (c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least 50 percent of the minimum lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which may then be developed. (d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights -of -way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation. (3) Exception, accessoyy dwelling units. Subject to all other requirements of this title, an applicant may build an accessory dwelling unit on a lot or parcel regardless of the size of the lot of parcel. The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights -of -way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created bsegre ate Section 9. FWRC 19.130.240 is hereby amended to read as follows: 19.130.240 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. (a) Generally. Vehicles may not be parked in a required side yard, but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad. A driveway Ordinance No. 23- Page 19 of 34 and/or parking pad, in a required front yard, may not exceed 20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad. (b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if- (i) It serves a three -car garage, the subject property is at least 60 feet in width, and the garage is located no more than 40 feet from the front prope , line; (ii) It serves an ADU and Tthe subject property is at least 60 feet in width; orb (iii) It serves an ADU and the width of the driveway at the property line directly abuttingthe he right-of-way does not exceed 20 feetT4&afag& is���N In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. (a) Parking areas may not be located in required yards. (b) Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) Ordinance No. 23- Page 20 of 34 and (b) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWRC 19.205.010, Zero lot line townhouse and townhouse (attached) dwelling units; FWRC 19.205.020, Small lot detached dwelling units; and FWRC 19.200.020, Zero lot line townhouse and townhouse (attached) dwelling units. Section 10. FWRC 19.195.180 is hereby amended to read as follows: 19.195.180 Accessory dwelling units. The following uses shall be permitted in the suburban estate (SE) 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 Minimums Maximums 7.DNE Required Yards Required Required+ USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS 4 b I I AND NOTES I Accessory dwelling None See 30 10 10 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) in single note ft. ft. ft. note 2 above parking (ADU) shall meet the family r-esi enees 1 average space definition outlined in building FWRC 19.05.04-40. Minimum elevation 0 within lot size for ADUs is based 1/4 mile upon the minimum lot size for of major the existing primary dwelling transit unit as set forth in stop FWRC 19.195.010. ADUs may be permitted on a lot with legally nonconforming lot size See note as provided in FWRC 11-3 19.105.010(3). 2. Only one ADU may be Ordinance No. 23- Page 21 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 7.DNE Required Yards Required Required+ USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES created per subject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage prescribed in FWRC 19.195.010. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The desip and dwelling unit shall eenfiwm te all applieable standards in the imning, building, plumbing health, and .. othe - ,.1;,.able ..a ro I f ., «.mot,-, 10#i ., All l ,nits ..loot the shall also Uniform Housing !'ode utility pr-ovider-s of availabili Af n11FFi..io.nt .1...te,- 0 0 to the and/or- s ptie s s proposoa MITT must be pFo.,i de d ., paFt of the appheation. 4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 5. Refer to Chapter FW-RC 19.270 FWRC, for regulations regardinghome occupations associated with this use. ^ fit^ ul t;^ .n.d athe facilities and aetivities Ordinance No. 23- Page 22 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 7.DNE Required Yards Required Required+ USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES asseeiated this Home with ese. e,,c,, .�..,tions ., of allowed an ADU. 6. Attached ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. reside in either- the pr-imafy dwelling „«it a ATTl F r months „ More of oaeh e lo.,.l,,,-. year-, and at no time ..t o othe eempensa4ion for- the owner- eeetipied 97. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain no more than 1,000 sq. ft.; An attached ADU may exceed 1,000 sq. ft., LIP to a maximum of the largest floor area of the primary dwelling unit if the creation of the ADU does not necessitate an exterior alteration of the residence, except for minimal alterations necessary for the ADU to be a functional separate residence.'., .t nnoi the ft exceed of sq. of the primary dwelling u it e excluding workshop ...1 .. iaail..,- «..«living a 8. The unit shall have no more than two bedrooms. O Applio do for- APTT a .w,-,it Shall bO ,.-,.,&-- tA- tl,o .lepaFtme t ..F....,r,.n,,,,,ih. development sep,Jees in the ..o,-mit aeoer-dance with Ordinance No. 23- Page 23 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 7.DNE Required Yards Required Required+ USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES preeedur-es adopted by the .lepai.f. ent n.1 shall include ., letter of .,,.,..lie lion f ..,,-, the awnef(s) sta4ing th.,t the the. dwelling „nits an the. ,.t f-h-r hAn F:,le. te. h F e. e.� or- six flienths o more of the. eale.nda- An AD T., do pl:e ,;hall he. filed ., ., dleed_ _Also e.stfietie.„ with the. King .A etheetionks to ;...l:e..,te. the. of an ADD the. tof for n4aining the. unit ., deser-ibed in this Code CAnGR11.,tie.4, A f Af, A TAT T1; r-egistFation , he. aeoemplishedby the e. filing ., lotto,- with the. .le. .,..t neat of ,.e.mm unit.. r-eear-ding .,t the. .1e.pa ftmei+t a and Feeor-ds eleetions It Af; n 4-89. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. A D s ., of permitted o le.t,; , «tit., > WRC 157 cc 0 .-(7) 102. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 112. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has determined the accessory Ordinance No. 23- Page 24 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 7.DNE Required Yards Required Required+ Review Lot Lot Height of Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS b AND NOTES dwelling unit is located in an area without access to available street parking within 800 feet of the property. Process I, II,111 and IV are described in Tparking For other information about Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 11. FWRC 19.200.180 is hereby amended to read as follows: 19.200.180 Accessory dwelling units. The following uses shall be permitted in the single-family residential (RS) 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 Minimums Maximums ZONE Required Yards Required Required R Review Lot Lot Height of Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS 4 b AND NOTES Accessory dwelling None See In RS 35.0 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) in single- note zones: note 2 above parking (ADU) shall meet the family .-eside. ees 1 average space definition outlined in 20 10 10 building FWRC 19.05.0340. Minimum ft. ft. ft. Ordinance No. 23- Page 25 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required R USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b elevation 0 within AND NOTES lot size for ADUs is based Otherwise: 1/4 mile of major transit upon the minimum lot size for the existing primary dwelling unit as set forth in FWRC 19.200.010. ADUs may 20 ft. See note 4 5 ft. stop be permitted on a lot with pally nonconforming lot size as provided in FWRC See note 124 19.105.410(3). 2.Only one ADU may be created per subject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage prescribed in FWRC 19.200.010, as F� l�s 9-_35.0-50 a.I b. in R9 T5.0 - 5500 d. h Darn 7.2 — 60° e. In R S 5-0 - 69° f. See PWRC 19 1 1 n mn(wl.) for - lot f r calculation of e e iqag lots. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The design an of a ADU 1 and the p-:m.,.-.. .l '011ifig „flit ,. 4; ,-fl,, to ShAll all ., pl;eable standards in the building, Zoning, Plumbing fire, eleetFieal, mechanical, health, -ad ., Athew o low rod applicable ee for- nsts'etion All aHew fl ADUs dwellin and fy fl;t....l...11 .41,;A 4;.00t the minimum standards of the Ordinance No. 23- Page 26 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required R USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES etility providers of a-vailabili Af '„f'f riA4.t..,.,ter-> sewe proposed ADU ffl-w-A be provided as paft of the 4. Side yard setback for a corner lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet, otherwise five feet. 5. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 6. Refer to Chapter 19.265-.048 FWRC eefftaiffstfor regulations regarding other accessory uses and facilities and activities associated with this use. Flue are eecupations of allowed an ADU. 7. Refer to Chapter 19.270 FWRC for regulations regarding home occupations associated with this use. -78. Attached ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. 4 The property owneF must 1S:.70: o:-h -♦he priffiffy dwelling ADU for- unit or- six eAfPAC, time ealendar- year-, and at no t , .t v .,tio for- the owner- oeoupied unit. 9. The ADU, excluding any Ordinance No. 23- Page 27 of 34 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required R USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS b AND NOTES garage, workshop and similar nonliving areas, shall contain no more than 1,000 sq. ft.; An attached ADU may exceed 1,000 sq. ft., U to a maximum of the largest floor area of the primary dwelling unit if the creation of the ADU does not necessitate an exterior alteration of the residence, except for minimal alterations necessary for the ADU to be a functional separate residence hilt shall not 0 the ft. the exeeed ef sq. of primary dwelling„ it exeluding workshop and simil �. The unit shall have no more than two bedrooms. (Continued on next page) Process I, II, III and IV are described in For other information about Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.200.180 Accessory dwelling units. (Continued) ZONE CHART 'sCTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums I Maximums IRequired ZONE REGULATIONS Review JLot lRequired Yards Lot lHeight IParking T? Ordinance No. 23- Page 28 of 34 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES shall be made to the .lo«..,•tmo«t ..F in .,.-.lance with the «ofm t preeedur-es adopted by the depaAment, include and shall -a letter of appl ,mien from the owner(s) stating that the e o.Js\ the dwelling shall eeeupy one of nits an the premises, «t F ,- o ben.. Fide tom«..,-.,«. able«..es F .- the ..,.l0«.1.,,- six months ofner-e of An ADU year-. appheatien shall also be filed .. a deed restr4e fien with the King County ,lo«.,..t«-.o«t -eeo -ds oleetions to inn:,...to of and t f 0 0 «oRivAt-w eeeupaney, «.1 Othv« standards fer- maintaining APUs wgistfmien may be aeoomplished by the owner- fili lotto,- . 4th the .lepaftment a development community serviees for- rvee-ding ..t the . epai4fne Feeofds and eleetions , or- may eeeur- ,.1t..F..4 101. For sign requirements that apply to the project, see Chapter 19.140 FWRC. «o,- tted 12. A T1Us are of n o ..l..4o.-,;uh.1:.,:..:..« ]Ate . ndp- > xx RC 1 Q cc 0i9(7) ,,f within ..tt.. a housingnde Chapter- 10 2cn > W r 11-. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 124. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has determined the accessory dwelling unit is located in an area without access to available street parking within 800 Ordinance No. 23- Page 29 of 34 ZONE CHART 3CTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Q fired RequiredFlis REGULA b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. each SPECIAL REGULATIONS AND feet of the property. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 12. FWRC 19.250.170 is hereby amended to read as follows: 19.250.170 General provisions. (1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multifamily developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorporated into a CHD that does not meet the requirements of this chapter is permitted to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not consistent with the provisions of this chapter shall not be permitted. Ordinance No. 23- Page 30 of 34 (4) Accessory dwelling units are not permitted in CHDs within the RM zones. (5) CHDs may not utilize the cluster subdivision provisions of FWRC Title 18. (6) For those CHDs processed as formal or short subdivisions, all development standards of this chapter shall be reviewed by the director of community development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this chapter shall be reviewed as a component of process III or IV review (see use zone charts for required review process). In either case, this shall include review of conceptual building elevations. Section 13. FWRC 19.265.010 is hereby amended to read as follows: 19.265.010 Accessory uses, buildings, and structures. (1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures. (2) Authority of director. The director of community development services is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (3) Accessory building height and square footage limits. The height of accessory buildings and structures may not be taller than the primary building or structure regardless of the building height allowed by the zone, except in the case of ADUs which may be taller than the primary building or structure. The total gross square footage of the accessory building must also be less than the total gross square footage of the principal building on the subject property, except in the case of ADUs which may be equal in gross square footage to the principal building. Ordinance No. 23- Page 31 of 34 (4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular accessory uses or structures, those limitations and regulations supersede the general statements in subsection (1) of this section. Section 14. FWRC 19.270.030 is hereby amended to read as follows: 19.270.030 Home occupation. (1) A home occupation is permitted if it meets all of the following requirements: (a) The structure in which the business is located must be located on the same subject propegLas the primary residence of the business owner. (b) The business must be carried on by a family member(s) who resides on the same subject rp opertX . (c) The use must have no outside storage, exterior indication, or outside activity. (d) The use must not involve those heavy equipment, power tools, or power sources which are not common to a residential use. (e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating (GVWR) as defined in RCW 46.25.010. (f) The use must not include more than four persons per day coming to the subject property for goods or services. (g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a residential area. (2) A home occupation which does not meet the requirements of subsection (1) of this section may be approved using process III, if: (a) It will not harm the character of the surrounding neighborhood; Ordinance No. 23- Page 32 of 34 (b) It will not include outdoor storage or operation of machinery, commercial vehicles, building materials, or tools which will be visible or audible from or have an effect on other properties; and (c) It does not create a condition which injures or endangers the comfort, repose, health, or safety of persons. Section 15. FWRC 19.265.020 is hereby repealed in its entirety. Section 16. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of Ordinance No. 23- Page 33 of 34 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 34 of 34 COUNCIL MEETING DATE: June 6, 2023 1 � ITEM #: 10d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: COMMISSION CODE TECHNICAL UPDATES POLICY QUESTION: Should the Council approve updates to multiple chapters of the city code regarding Council advisory commissions, committees, and boards? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Joanna Eide, Assistant Ci... Attorney ,. DEPT: Law ....................... . Attachments: 1. Staff Report 2. Draft Ordinance — with notated changes 3. Draft Ordinance — Clean, "As Adopted" Version 4. FWRC Chapter Before & After Comparison 5. Summary Sheet Options Considered: 1. Approve the commission code changes as proposed. 2. Do not approve the commission code changes and provide direction to staff.-__ MAYOR'S RECOMMENDATION: ODtion 1. MAYOR APPROVAL it COMMITTEE RECOMMENDATION: N/A ECTOR APPROVAL: S ; Inilial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (6/6/23): "1 move to forward the proposed ordinance to the June 20, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (6/20/23): "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— 11/2019 RESOLUTION # W g52- CITY OF FEDERAL WAY MEMORANDUM DATE: May 2, 2023 TO: City Council VIA: Jim Ferrell, Mayor Ryan Call, City Attorney FROM: Joanna Eide, Assistant City Attorney SUBJECT: Commission Code Updates Financial Impacts: There is no cost to the City for Commission Code Updates. These changes are being proposed within current budgeted staff time and do not involve ongoing costs. Background Information: The City Council requested a review of all code chapters for commissions, committees, and boards to make necessary technical changes for consistency throughout the code, as well as ensure the code was accurate, up to date, and reflected current practices. A full review of this area of the code was conducted, and this proposal consolidates many sections, adjusts organization and titles of sections to promote uniformity, and adds consistent language and requirements throughout. This draft includes changes to improve the functionality and effectiveness of the various advisory bodies and provides additional clarity of direction, goals, and roles. Attached is an outline providing a comparison before and after the proposed changes and a summary document that details an overview of and rationale for the proposed changes. City staff, including Directors and staff members appointed to support the various advisory bodies, were consulted as part of this work and contributed to the proposed changes being offered to the Council for review and input prior to consideration of a formal proposed ordinance. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to technical changes to various chapters of Title 2 regarding City commissions, boards, and committees; amending FWRC 2.45.020, 2.45.030, 2.45.060, 2.50.010, 2.50.030. 2.50.040, 2.50.050, 2.55.010, 2.55.020, 2.55.030, 2.55.040, 2.60.010, 2.60.040, 2.60.050, 2.60.060, 2.62.010, 2.62.030, 2.62.040, 2.62.050, 2.65.010, 2.65.030, 2.65.040, 2.65.050, 2.70.010, 2.70.020, 2.70.030, 2.75.010, 2.75.020, 2.75.050, 2.75.060, 2.80.010, 2.80.030, 2.80.050, 2.80.060, 2.80.070, 2.85.010, 2.85.020, 2.85.030, 2.85.050, 2.90.010, 2.90.020, 2.90.050, and 2.90.060; and repealing FWRC 2.45.010, 2.45.040, 2.45.070, 2.50.020, 2.60.020, 2.60.030, 2.62.020, 2.65.020, 2.70.040, 2.75.030, 2.75.040, 2.75.070, 2.80.020, 2.80.040, 2.80.080, 2.85.040, 2.90.040, and Ch. 2.57 FWRC. (Amending Ordinance Nos. 90-43, 90-72, 91-84, 91-93, 92-139, 92-141, 92-157, 93-186, 93-203, 94-216, 95-253, 96-258, 96-272, 96-280, 96-281, 96-282, 96-283, 97-285, 98-312, 98-322, 00-366, 01-409, 03-439, 04-477, 05-501, 06-531, 09-591, 10-669, 12-723, 12-725, 13-748, 14-765, 14-767, 14-774, 19-871, 22-939 and 23-947) WHEREAS, the various commissions, boards, and committees of the City perform an important and valuable service to our community and should be able to operate as consistently and efficiently as possible; and WHEREAS, the proposed changes to the Federal Way Revised Code are designed to increase consistency from one advisory body to another, increase functionality, to more clearly define those functions of specific bodies expected by the City Council, and to ensure the code reflects current practices within these groups; and WHEREAS, Chapter 2.57 FWRC related to a CDBG Loan Advisory Committee has become obsolete and should be repealed; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 23- Page I of 46 Rev 1 /22 MIN Section 1. FWRC 2.45.010 is hereby repealed in its entirety s�YkYAlx���.+i���e�i..�wi.Y��asi �. - � •a�rx a�e�'+i�'IVI�wY Y�Y.YhIY.'YJYe�YSYI-1 YI "Resident" means a per -son whose pfimaiFy dwelling place is located in the city. Section 2. FWRC 2.45.020 is hereby amended to read as follows: 2.45.020 ��fien 4vtnteaXivil service commission created created — PuLrpose. There is hereby created a police civil service commission, appain4ed by the with the authority to exercise the powers and perform the duties established by this chapter and by state law as set forth in Chapter 41.12 RC W in connection with the selection, appointment, promotion, demotion and employment of employees of the police department. Two The police chief shall be exempted from civil service, as well as a number of additional positions, designated as the unclassified service, as selected by the police chief with the concurrence of the mayor and the civil service commission as provided for in RCW 42-41.12.050. Volunteers, reservists, part-time, or seasonal employees of the police department shall be exempted from civil service. The Ordinance No. 23- Page 2 of 46 Rev 1 /22 Section 3. FWRC 2.45.030 is hereby amended to read as follows: 2.45.030 iUgibility Membership and appointment. (1) The civil service commission shall consist of up to five members who shall be appointed by the mayor. Up to two alternate commissioners maybe appointed to the commission by the mayor. 2,No person shall be appointed a commissioner or alternate commissioner unless that person is a citizen of the United States, a resident of the city for at least onethree years immediately preceding such appointment, and an elector (registered voter) of the county in which the commissioner resides. The term of office of the commissioners shall be for six years, and terms shall be staggered to ensure that as few members as possible may have terms expire at the same time. (4) Commission members shall serve without compensation. (5) Commissioners shall devote due time and attention to the performance of their specified duties. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as theyay arise at any time thereafter. Section 4. FWRC 2.45.040 is hereby repealed in its entirety. Rev 1/22 Section 5. FWRC 2.45.060 is hereby amended to read as follows: 2.45.060 Proceedings — Quorum. (1) The commission shall hold regular meetings and such additional meetings as may be required for the proper discharge of their duties. Q4wee— majority of appointed voting commissioners shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (3) of this section, and the votes of twee a majority of present voting; members or alternates serving for quorum purposes is sufficient r^r+he deeision of all matters and the *,..,,,saetio ^-.,n business to be decided of tf saete 1,., to approve any action of the commission. (2)(D Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except as idea in subseetions (3) and of this as in the event where a meeting is scheduled and no quorum is present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only. which shall be noted in the written record of the meeting. (3)(4) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by th may serve in the place of the disqualified or absent commissioner. The alternate Ordinance No. 23- Page 4 of 46 Rev 1 /22 commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission consistent with subsection (3) of this section. ��Y1�lM�l�l�i JML.+i it l+l I�!1'21i�Y��.l+tY1l JY\�3t!.��l iY■�llii�illR�ifl�l�f+��...+1!Si�I�L!t+l•t!.l liSTl�� �l!SSRif\%\mil lit! ��.i•i�si Section 6. FWRC 2.45.070 is hereby repealed in its entirety. Section 7. FWRC 2.50.010 is hereby amended to read as follows: 2.50.010 Grea-tedArts commission created — Purpose. There is hereby established a Federal Way arts commission hereinafter referred to as the arts commission. The purpose of the arts commission is to serve in an advisory capacity to the city council to represent the community's interest and provide input on the improvement and furtherance of artistic and cultural activities within the city. Section 8. FWRC 2.50.020 is hereby repealed in its entirety. Ordinance No. 23- Page S of 46 Rev 1/22 Section 9. FWRC 2.50.030 is hereby amended to read as follows: 2.50.030 Membership and appointment. (1) The arts commission shall consist of 0 to nine members and up to two alternate members appointed by the city council. (2) 'r-he arts cernmissie Commission members shall serve without compensation. (3) Each member of the arts commission shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the arts commission. If, for any reason, a vacancy occurs during the terms of an arts commission member, the city council shall appoint a new member to fill the unexpired term of that member. The city council may remove an arts commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All F„o,.. ber-s of'the arts eemmission (4) Persons appointed to serve on the arts commission shall reside within the corporate limits of the city during the members' term. (5) To the extent practicable, appointments to the arts commission shall reflect a balance of interests in fine and performing arts and preservation of cultural heritage. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. Section 10. FWRC 2.50.040 is hereby amended to read as follows: Ordinance No. 23- Page 6 of 46 Rev 1/22 2.50.040 Officers — Staff — Operations. (1ZThe arts commission shall elect its officers, including a chair and vice chair and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. UIThe mayor shall appoint appropriate staff to assist the arts commission in the pr-epar-ation of it� preparing reports and records and performing other functions as ammav be necessary for the Prove r operation of the arts commission. The arts commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the City clerk with a copy of current bylaws which shall be maintained as part of the City's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (4) The arts commission shall meet at least once per quarter. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (b) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum pMoses is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part Ordinance No. 23- Page 7 of 46 Rev 1/22 of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order. the chair shall specify which of the alternate members is contributingto o the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meetin2. Section 11. FWRC 2.50.050 is hereby amended to read as follows: 2.50.050 Duties and Rresponsibilities. The arts commission shall have the following responsibilities: � nJ�f.}�<i1Z�!•u�tel.i���i _ � � _ !l.lR �'l1Y}PIFIi.}�+�5�1�� \f�f�l��++l�il'1.t!'l�l��!.•L�>t�i�i�f��••it�t}L�.i�'a s19}�}!l+ +l+l\\�lY'l ll.s\\\\�f�l�l \ ()LD To inifiat Initiate, sponsor, and conduct a, long with city staff programs ealeulated to aimed at furtherigg public awareness of and interest in fine and performing arts or the cultural heritage of the city. The arts commission may develop these programs alone or in cooperation with any other private, civic., or public body of the city, county, state, or federal government; (2) Develop cooperation and coordination with local schools and local, regional, and national art organizations in furthering the mission and goals of the arts commission; f4}(D Te-e er-eEx lore ways and methods to obtain private, local, state, and federal funds to promote art projects in the city; Ordinance No. 23- Page 8 of 46 Rev 1 /22 (54(4) To advise Advise the city council and staff on the receipt of or purchase of works of art to be placed on municipal property; (6-)Q Te-�Advise and assist the city council and staff in connection with such other artistic and heritage activities as may be referred to it by the city; and (-7)& Te submitPrepare and present an annual report in December to the city council on its work and the state of the arts in the city; and (7) Formulate an annual work plan for presentation to and approval by the city council. Section 12. FWRC 2.55.010 is hereby amended to read as follows: 2.55.010 Crea"Human services commission created — Purpose. The human services commission is hereby created. The commission shall serve in an advisory capacity to the city council and maysr- make recommendations on matters including,, but not limited to, the planning and funding of behavioral health, community services, prevention services, and senior services. Section 13. FWRC 2.55.020 is hereby amended to read as follows: 2.55.020 Qualifientions Term Membership and appointment. (1) The human services commission shall consist of uy to nine regular members and up to three alternate members appointed by the city council. (2) The human -„issienCommission members shall serve without compensation. (3) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the human services commission. If, for any reason, a vacancy occurs during the term of a human services commission member, the city council shall appoint a new member to fill the unexpired term of that member. Ordinance No. 23- Page 9 of 46 Rev 1/22 The city council may remove a human services commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. All members of the human sefviees eemmission shaI4 serve until theif sueeesser-s afe duly (4)(Q Persons appointed to sentieeserve on the human services commission shall reside within the corporate limits of the city. (5) To the extent practicable, appointments shall reflect a balance of the range of human services delivery interests in the community. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. Section 14. FWRC 2.55.030 is hereby amended to read as follows: 2.55.030 Officers — Staff — Ouerations. (The human services commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for one year. The mayor shall appoint appropriate staff to assist the human services commission in the preparation of s,.A, preparing_reports and records and performing other functions as aim_ ay be necessary for the proper operation of the commission. (3) The human services commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the City clerk with a copy of current bylaws which shall be maintained as part of the City's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. The human services commission shall meet at least once per quarter Upon eall of the hair-, as Ordinance No. -23- Page 10 of 46 Rev 1 /22 aeraessar-y, in ofdanee � ith the bylaws for- the e . All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majorijy of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a mad ority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Section 15. FWRC 2.55.040 is hereby amended to read as follows: 2.55.040 Duties and responsibilities. The human services commission shall make reports and recommendations to the city council and maye concerning human services issues, including but not limited to the following responsibilities: Ordinance No. 23- Page 11 of 46 Rev 1 /22 (1) Review the status of and make recommendations on the Ddevelopment and assessm ofhuman services programs in the city. (2) Provide recommendations on nete..,,.,:,,afi the priorities of human service needs within the city-;! (3) EvalatienReview and make recommendations on funding requests regarding human services submitted to the city.-2 (4) E..alu t;,,,-. and Feview of -Assess the performance of individual human service organizations and agencies within the citv.x (5) Review -of -Analyze city actions which may affect the availability and quality of human service provisions in the city..i (6) Geefdiff�ienCoordinate with other groups and human services planning agencies and organizations, saes the United to Way and the Soutt, King r,,,, eil of143-1m;—in ce.g.tie Y (7) Provide an annual report to the city council on the state of human services in the city; and (8) Formulate an annual work plan for presentation to and approval by the city council. Section 16. Chapter 2.57 FWRC is herby repealed in its entirety. Ordinance No. 23- Page 12 of 46 Rev 1/22 7l - member-, the city ..e,. eil shall ap eimat ilnew crremberto fi4l the unexpired term of that faember, Ordinance No. 23- Page 13 of 46 Rev 1/22 2:47.M Duties .,.,a r-e - sihili-t (2) Ensure that to . 7 .. SS+a}+5�1'•S�!e1L:�lRil JlfSRf��'1Ji Si14t J�1`liJS�.JlSl1i••S.�.a�.SIRlM1I�:1saT Section 17. FWRC 2.60.010 is hereby amended to read as follows: 2.60.010 Youth commission created — Purpose. There is hereby created and established a Federal Way youth commission in and for the city. The purpose of the youth commission shall be to afford an opportune for youth to eng_ e with and Team about local government; serve as an advisory body to the city council contributing a youth -focused perspective on policies,_ code, plans, proposals, and practices, and provide input to the city council, Ordinance No. 23- Page 14 of 46 Rev 1/22 other city boards and commissions, and city staff on youth programs, recreational activities, and other issues of importance to youth. Section 18. FWRC 2.60.020 is hereby repealed in its entirety. Section 19. FWRC 2.60.030 is hereby repealed in its entirety. Section 20. FWRC 2.60.040 is hereby amended to read as follows: Ordinance No. 23- Page 15 of 46 Rev 1/22 2.60.040 Membership and appointment. (1) The youth commission may consist of-4-2nine voting members and W to three alternates appointed by the city council. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of two years. The city ^ eil shall a .ally a,.,-.oin4 new ,. ber-s to Q the e n *i the youth e. If, for any reason, a vacancy occurs during the term of a youth commission member, the city council shall appoint a new member to fill the unexpired term of that youth commission member. The city council may remove a youth commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of the city council. All members of the youth ,.,.,,unission shall (4) Persons appointed to serve on the commission shall reside within the city of Federal Way city limits during the .,,erabef's *enns, attend high school within the city limits, or attend a high school within the Federal Way public school district -during the members' terms. (5) The city council will seleet ncourage applications to serve on the commission so, as much as practicable. members may reflect feffeserAing a diverse cross-section of the students in the community. Freshman, sophomores, juniors, and seniors are eligible. (6) Tof ffis of eff ee run finef, Septe , bei: 1 st to n ,,gus! a 1 st The youth commission is operational in accordance with the Federal Way School District calendar. Section 21. FWRC 2.60.050 is hereby amended to read as follows: 2.60.050 RespensibititiesOfficers — Staff — Operations. Ordinance No. 23- Page 16 of 46 Rev 1 /22 (1) Hold m..,,'.,,....,,► lie meetings at least ent- The youth commission shall meet at least once per quarter , except no meetings will be held when school is not in session per the Federal Way School District calendar. And All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law;_ (2) , eeffffnissions and task fi)r-ees; The mayor shall appoint appropriate staff to assist the youth commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The youth commission shall elect its officers, including a chair and vice chair and such other officers from among its voting members. Such officers shall occupy their respective offices for a period of one year. The commission shall forward a list ofits elected officers to the city clerk within 30 days of election. (-3) Adopt (4) The youth commission shall adopt bylaws for the regular operation of the commission; and. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majorily of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majorit�of present voting members or alternates serving for quorum purposes is sufficient Ordinance No. 23- Page 17 of 46 Rev 1/22 to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission Quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting mgy commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order. the chair shall specify which of the alternate members is contributingto o the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Section 22. FWRC 2.60.060 is hereby amended to read as follows: 2.60.060 Staff supportDuties and responsibilities. The youth commission shall promote leadership skills and is appointed to represent the interests and needs of their peers in their community. The youth commission's goals and responsibilities shall be to: (1) Identify local youth concerns, brainstorm solutions, and report to city council; (2) Provide community youth with a forum for expressing interests and opinions; Ordinance No. 23- Page 18 of 46 Rev 1/22 (3) Make the public aware of the youth commission and its program in an effort to place youth issues before our citizens in a positive manner, (4) Be available to serve as advisors providing a youth perspective to the council and the council's various boards, commissions, and task forces upon request; (5) Recommend outstanding youth in the community for potential recognition by the council; (6) Consult with the city council and recommend ways to improve the quality of life for young people in the city; (7) Provide an annual report to the city council on the state of youth in the city; and (8) Formulate an annual work plan for presentation to and approval by the city council. Section 23. FWRC 2.62.010 is hereby amended to read as follows: 2.62.010 Senior advisory commission created — Puroose. The city hereby creates the senior advisory commission. The purpose of the senior advisory commission is to advise city council in all matters pertaining to older Americans and their needs, including, but not limited to: health and nutrition, transportation, housing, employment, and recreational progrrams. Section 24. FWRC 2.62.020 is hereby repealed in its entirety. Qua �a�ia: c.ss...r�•iyar.Rs:.i �-��:a� - zii..�,..i���.as:e�.�xiu �sii:raa��:a:a-�-..sa....e�w Section 25. FWRC 2.62.030 is hereby amended to read as follows: Ordinance No. 23- Page 19 of 46 Rev 1 /22 2.62.030 Membership and appointment. (1) The senior advisory commission shall consist of up to nine members and 1W to three alternate members appointed by the city council. An alte e'e member serve as a voting o., ber— when (2) The senior- advisee..: ee,,,,, issi a Commission members shall serve without compensation. (3) Each member shall serve a term of three years except that the first commissioners and alternates shall be appointed for different terms as follows: three commissioners and one alternate to serve for a period of one year, three commissioners and one alternate to serve for a period of two years, three commissioners and one alternate to serve for a period of three years. The city eeuneR shall amually If, for any reason, a vacancy occurs during the term of a senior advisory commission member or alternate, the city council shall appoint a new member to fill the unexpired term. (44) The city council may remove a senior advisory commission member or alternate at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (5) Persons appointed to serve on the commission shall reside within the incorporated city limits. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. Section 26. FWRC 2.62.040 is hereby amended to read as follows: Ordinance No. 23- Page 20 of 46 Rev 1 /22 2.62.040 Officers — Bylaws— Staff_::- Operations. The city's senior advisory commission shall elect its officers, including a chair and vice chair and such other officers as it may deaf,, neeessafri from among its voting members. Such officers shall occupy their respective offices for a period of one year. The commission shall forward a list of its elected officers to the city clerk within 30 days of election. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (aThe commission shall adopt bylaws and operate in accordance with its bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter according to its bylaws. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members mU be counted towards a quorum as provided in subsection (7) of this section, and the votes of a maj ority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of Ordinance No. 23- Page 21 of 46 Rev 1/22 the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission. except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributingto the quorum and mayparticipate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Section 27. FWRC 2.62.050 is hereby amended to read as follows: 2.62.050 Duties and Rresponsibilities. The responsibilities of the senior advisory commission wi44include: (3w}(I) Consult with and provide recommendations to the city council and city staff on matters pertaining to senior citizen participation in programs, policy matters, legislative agendas for state law makers, and any other matters that affect senior citizens. The commission shall identify issues related to senior citizens in the community by working with residents, service providers, city council, the mayor's office, and city staff. (4)(Q Encourage and promote activities meeting the needs of senior citizens. {-5)(D Evaluate and provide input on communication strategies and determine eff Eve stF tegies for Ordinance No. 23- Page 22 of 46 Rev 1 /22 outreach to senior citizens'- communities. (4) Prepare and present an annual report to the city council on its work and the state of senior citizens in the city. (6)Q Formulate -aye r1y an annual work plan for presentation to and approval by the city council. Section 28. FWRC 2.65.010 is hereby amended to read as follows: 2.65.010 edDiversity commission created — Purpose. The Federal Way diversity commission is hereby created and established for the city. The purpose of the diversify commission is to engage with under -represented communities to solicit feedback and information that would help identify opportunities to address issues of diversity, promote diversity prow —rams, and provide guidance to the city council to create a more equitable. accessible, safe, welcoming and inclusive government and community. Section 29. FWRC 2.65.020 is hereby repealed in its entirety. Section 30. FWRC 2.65.030 is hereby amended to read as follows: 2.65.030 Membership and appointment. (1) The diversity commission shall consist of U to nine voting members appointed by the city council. Alternate members mU be appointed as determined by the city council. (2) The diversity eemmissio Commission members shall serve without compensation. (3) Each member shall serve a term of three years. The ei;�, eouneil shall afmually appoint ., Ordinance No. 23- Page 23 of 46 Rev 1/22 a.,. ber-s to fill the expiring .ofms an the dive fsit ^ If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new member to fill the unexpired term of that member. (4� The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (4) Effe tNovember- 129 . (5 All persons appointed to serve on the commission shall reside within the corporate limits of the city. , (SU6 To the extent practicable, appointments shall reflect the range of human differences including. but not limited to: race, ethnicity, gender, gender identity, sexual orientation, age, socioeconomic status, religious affiliation, and national on ig n a�• �rn�'^� ^"*"� ^�*� Section 31. FWRC 2.65.040 is hereby amended to read as follows: 2.65.040 Duties and Rresponsibilities andobjeetives. The responsibilities of the diversity commission shall have the responsibility to pufsHe the folle;0AMIg tasks in -include the following order of pFiority: (1) To-pProvide a forum that will encourage input from etf the ci 's eulvdrall diverse inhabitants to help shape the city's vision. (2) To pr- Conduct outreach to the community in an effort to place the issue of diversity before Ordinance No. 23- Page 24 of 46 Rev 1/22 our citizens in a positive and unih4n manner. (3) To idefiti-I"74dentify obstacles that MU impede access to city government for all of e the community's diverse members. (4) Prepare and present an annual report to the city council on its work and the state of diversity matters in the city. (5) Formulate ayearly work plan for presentation to and approval by the city council. Section 32. FWRC 2.65.050 is hereby amended to read as follows: 2.65.050 Officers - Staff - Operations. LlIThe 64�-diversity commission shall elect its officers, including a chair and vice chair and such other officers as :t may deem neeessaryfrom among its voting members. Such officers shall occupy their respective offices for a period of one year. The commission shall forward a list of its elected officers to the city clerk within 30 days of election. taThe mayor shall appoint appropriate staff to assist the commission in the prepe&atien of itspipparing reports and records and performing other functions as -are maybe necessary for the rp oper operation of the commission. (aThe commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter. All meetings shall be open public meetings, Ordinance No. 23- Page 25 of 46 Rev 1/22 and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (S) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum. except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a maj ority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order. the chair shall specify which of the alternate members is contributing to the Quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting,. Section 33. FWRC 2.70.010 is hereby amended to read as follows: 2.70.010 Creation of 'Disability board created — Purpose. Pursuant to the authority of Chapter 41.26 RCW, there is created a Federal Way disability board ("board") having jurisdiction over members of Plan I of the law enforcement officers' and fire fighters' retirement system. Ordinance No. 23- Page 26 of 46 Rev 1/22 Section 34. FWRC 2.70.020 is hereby amended to read as follows: 2.70.020 Duties and responsibilities. The board shall perform all functions, exercise all powers, and make all determinations as may be specified in Chapter 41.26 RCW and as the same may be amended from time to time. The board is authorized to promulgate rules and regulations to aid the administration of matters presented to the board. Such rules and regulations shall be reduced to writing and a copy thereof shall be filed with the city clerk for examination by the public. Section 35. FWRC 2.70.030 is hereby amended to read as follows: 2.70.030 Membership and appointment. (1) . Board members are to be appointed or elected as provided by RCW 41.26.110, and this chapter. All members of the board shall serve for a two-year term. Vacancies shall be filled for the unexpired terms of a member whose death, resignation, or removal creates a vacancy_. The board shall consist of five voting members as follows: (a) Two members from the Federal Way city council to be appointed by the mayor, subject to approval by the Federal Way city council; (b) One law enforcement officer, active or retired, who is or was employed by the city, or an alternative member representing the interest of law enforcement officers elected pursuant to RCW 41.26.110; and (c) Two members from the public at large who have been a resident of the city for at least one year immediately preceding such appointment, and who are electors (registered voters) of the county in which they reside, to be appointed by the other three members appointed pursuant to subsections (1)(a) and (b) of this section. Ordinance No. 23- Page 27 of 46 Rev 1 /22 (d) In addition to the voting members, the mayor may serve, or he may appoint an employee of the city to serve, as an ex officio member without authority to vote. The ex officio member shall serve at the will of the mayor. (e) The board shall elect from its membership a chair who shall serve a one-year term. (2) C-empensa4e* — he bBoard members shall reeeive neserve without compensation se-viee, but shel} (3) Each member has_a responsibility to disclose any actual or potential conflicts of interest prior to being a ointed and as they mgy arise at an time thereafter. Section 36. FWRC 2.70.040 is hereby repealed in its entirety. Section 37. FWRC 2.75.010 is hereby amended to read as follows: 2.75.010 CrefttionLodginp, tax advisory committee created — Purpose. There is hereby created a city lodging tax advisory committee consistent with RCW 67.28.1817, to serve the functions as prescribed in Chapter 67.28 RCW. Section 38. FWRC 2.75.020 is hereby amended to read as follows: 2.75.020 Membership and appointment. MThe membership of the lodging tax advisory committee is governed by RCW 67.28.1817 Shall be Ordinance No. 23- Page 28 of 46 Rev 1/22 appointed by the eity and shall consist of at least five members appointed by the city council: one member shall be an elected official of the city who shall serve as the chair; at least two members shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. ( ) All members of the committee shall serve a two-year term, except that the initial committee shall have one member representing the lodging industry and one member representing organizations receiving the funds serve a one-year term in order to establish a staggered term of the office. (3) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. (4) The council may review the membership of the committee and make such changes as the council may deem appropriate. The total number of members may be increased or decreased by motion of the council duly adopted. but the number of members shall not be less than five and the number of members representing businesses that are taxed and those members representing activities that may be funded by the tax must be equal at all times. consistent with subsection (1) of this section and RCW 67.28.1817. Section 39. FWRC 2.75.030 is hereby repealed in its entirety. Ordinance No. 23- Page 29 of 46 Rev 1/22 Section 40. FWRC 2.75.040 is hereby repealed in its entirety. Section 41. FWRC 2.75.050 is hereby amended to read as follows: 2.75.050 Changes to membeFshipOfficers — Staff — Operations. The eetmeil I the member -ship of the eemmittee annually, and make sueh changes as the twme of the ann" review, by metien ef the eetineil duly adopted, but the number- of mea+befs sha44 (1) The committee shall operate in accordance with its duly adopted bylaws. The committee shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the cites official public records, and shall provide an updated copy to the city clerk whenever amendments are approved_ aThe mayor shall appoint appropriate staff to assist the committee in preparing reports and records and performing other functions as may be necessary for the proper operation of the committee. (3) The committee shall meet in accordance with the commission's bylaws. The committee shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. (4) Civility and decorum shall be observed by commission members and attendees and shall be Ordinance No. 23- Page 30 of 46 Rev 1 /22 enforced by the chair. Section 42. FWRC 2.75.060 is hereby amended to read as follows: 2.75.060 Submissions to the eommittee Duties and responsibilities. ( The city council shall submit to the lodging tax advisory committee, for its review and comment= proposals on: (4)(a� The imposition of a tax pursuant to Chapter 67.28 RCW; .(2)(h) Any increase in the rate of such a tax; _(3Uc Repeal of an exemption from such a tax; or .(4)(!b A change in the use of the revenue received from such a tax. (2) The city council shall submit such proposals to the committee at least 45 days before taking final action on any such proposal. Comments by the committee should include an analysis of the extent to which the proposal will accommodate for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. The recommendation by the committee to the city council shall be a nonbinding recommendation. (3) The committee may establish bylaws for the conduct of meetings, voting, review, analysis, and preparation of comments. The committee shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. Section 42. FWRC 2.75.070 is hereby repealed in its entirety. , > Ordinance No. 23- Page 31 of 46 Rev 1122 analysis, and pr-epafafien of comments. Eaeh member ef the eeffmiit4ee, ineluding the chair-, shaI4 r..o.u.....•.a-. e...-.....: e'�ii �+.o:.�.. i.i �i-�:.ii.ii.v:.e.�:iaar.....0�u-�av �.a.. a..R.�1Cseissi..i.�.e. Section 44. FWRC 2.80.010 is hereby amended to read as follows: 2.80.010 r_ lndependent salary commission created — Purpose. There is hereby established a Federal Way independent salary commission hef!ei^afto.. rof wed to as the independent sa4ary pursuant to RCW 35.21.015. The purpose of the commission shall be to review and establish the salaries of the mayor and the councilmembers, as provided by RCW 35.21.015. Section 45. FWRC 2.80.020 is hereby repealed in its entirety. Section 46. FWRC 2.80.030 is hereby amended to read as follows: 2.80.030 Membership and appointment. (1) The independent salary commission shall consist of up to five voting members and W to two alternate members appointed by the mayor and approved by the city council. (2) The independent salary commission shall serve without compensation. (3) Each member of the independent salary commission shall serve a term of four years, except that the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The mayor, with the Ordinance No. 23- Page 32 of 46 Rev 1 /22 approval of the city council, may appoint alternate independent salary commission members as the need arises. (4) No member may be appointed to more than two terms on the independent salary commission whether or not those terms are held consecutively. (5) No person shall be appointed to serve as a voting member or alternate member of the independent salary commission unless that person is a citizen of the United States, a resident of the cily for at least one year immediately precedingsuch uch appointment, and an elector (registered voter) of the county in which the member resides. (6) No city officer, official, or employee of the cily or any of their immediate family members may serve on the commission. "Immediate family member, " as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. If, for any reason, a vacancy occurs during the term of an independent salary commission member, the mayor shall appoint, with the approval of the city council, a new voting_ or alternate member to fill the unexpired term of that voting or alternate member. (OL8) The city council may remove an independent salary commission member at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. (9) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. Ordinance No. 23- Page 33 of 46 Rev 1/22 Section 47. FWRC 2.80.040 is hereby repealed in its entirety. - •fasrn:I:a ►r.�� r:�r-ries��arss� S s'a♦..f �'.•�._9:11.[.1�/•l�/1: 1.11.�1� l+l ��. RiI �'rf [�I \�11�1a'li Section 48. FWRC 2.80.050 is hereby amended to read as follows: 2.80.050 Officers — Staff — Operations. (1) The independent salary commission shall elect a chair and vice chair from among its aappointed voting members. Such officers shall hold office for two years. The independent salary commission may f am tine to time establish and publish rules of pmeedur-e-adopt bylaws for the efficient and fair conduct of its business, consistent with state law and city ordinance. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (2) The mayor shall appoint appropriate staff to assist the independent salary commission in pfepafafien of its preparing reports and records and performing other functions as are mM be Ordinance No. 23- Page 34 of 46 Rev 1 /22 necessary for the proper operation of the commission. (3) The independent salary commission shall keep a -,witten r-eeer-d of its proceedings, whieh sha4l b The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. (4) The independent salary commission shall meet at least epee in 2003 - in each even year thereafter- to ,.e side.--wheth or- ot to review existing salaries and adjust them if appropriate. This meeting shall occur no later than April 30t' ; in any given year, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk no later than May 31 ". If necessary, the commission will also meet upon any other call by the chair, the mayor or by the majority vote of the city council. (5) wee A majority of appointed voting members shall constitute a quorum, and the votes of three that majority of appointed voting members shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the independent salary commission. (6) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. Section 49. FWRC 2.80.060 is hereby amended to read as follows: 2.80.060 Duties and Rresponsibilities. The independent salary commission shall have the following responsibilities: (1) To studyStudy the relationship of salaries to the duties of the mayor and the city councilmembers and to establish a salary by either increasing or decreasing the existing salary for each position by an Ordinance No. 23- Page 35 of 46 Rev 1/22 affirmative vote of not less than three members; (2) To revie Review and file its salary schedules not later than May 31,, 2003, an of every even year *per; (3) Te- &bmit each salary schedule to the city clerk, who will publish the complete schedule two times, at least one week apart. The second publication date will be the official filing date. The schedule will become effective 30 days after this date. Section 50. FWRC 2.80.070 is hereby amended to read as follows: 2.80.070 Salary schedule — Effective date — SalartiesReferendum. MThe commission's established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule. Once filed, the schedule shall be incorporated into the city budget without further action of the city council or salary commission. Salary increases established by the commission shall be effective as to the mayor and all city councilmembers regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. Existing salaries for the mayor and councilmembers established by city ordinance and/or city budget shall remain in effect unless and until changed in accordance with the provisions of this chapter. The terms and conditions of the commission's adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this chapter. (2) The commission's adopted salary schedule shall be subject to referendum petition by the people of the city in the same manner as a city ordinance upon filing of such petition with the cily clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid Ordinance No. 23- Page 36 of 46 Rev 1/22 referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. (3) Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable to referendum measures. Section 51. FWRC 2.80.080 is hereby repealed in its entirety. MAWS lll�lYl`• 'A'lf.............. i1R7•wl•}{i,��li il�f�i.fl.'1111��i.TY114.1•.�al-i�;1��l�l l�la��i�l••��l�i.ltl9i %�l�>tl�l7 i����iia� Section 52. FWRC 2.85.010 is hereby amended to read as follows: 2.85.010 C-r-eatedParks and recreation commission created - Purpose. There is hereby established a parks and recreation commission. The purpose of the parks and recreation commission is to work with city staff in an advisory capacity on matters pertaining to parks, open space, natural areas, trails, and recreational facilities and progams for the purpose of Ordinance No. 23- Page 37 of 46 Rev 1 /22 informing, advising, or recommending actions to the city council. Section 53. FWRC 2.85.020 is hereby amended to read as follows: 2.85.020 Membership and appointment. (1) The parks and recreation commission shall consist of at least— to nine voting members appointed by the city council and may „onsis* of up to 11 me-nber-c by appointing the altem e(s fnember- s up to two alternate commission members. The council shall d l,,,r)n the (2) Commission members shall serve without compensation. (3) Each member shall serve a term of three years. The eity eouncil shall a uaNy ap. i„* ^� '' t fill their-ing t the Fks and e afi If, for any reason, a LIiVffieG�lll -ZISrS � vacancy occurs during the term of a parks and recreation commission member, the city council shall appoint a new member to fill the unexpired term of that member. f The city council may remove a parks and recreation commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (4)fQ Persons appointed to serve on the commission shall reside within the corporate limits of the city during the members' terms. (Wo To the extent practicable, appointments shall reflect the diversity of all recreational needs of the ei4yegn munity. (7) Each member has a responsibility to disclose M actual or potential conflicts of interest prior to Ordinance No. 23- Page 38 of 46 Rev 1/22 being appointed and as they may arise at any time thereafter. Section 54. FWRC 2.85.030 is hereby amended to read as follows: 2.85.030 Officers - Staff - Operations. The city parks and recreation commission shall elect its officers, including a chair and vice chair and such other officers as it may deem ^a^assnr from among its appointed voting members. Such officers shall occupy their respective offices for a period of one year. Q The mayor shall appoint appropriate staff to assist the commission in the preparation preparing_reports and records and performing other functions as art-MgK be necessary for the proper operation of the commission. jaThe commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are qpproved. (4) The commission shall meet at least once per Quarter, in accordance with the commission's bylaws. The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record_, all in accordance with state law, (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (66) A majority appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. Ordinance No. 23- Page 39 of 46 Rev 1/22 (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters comingL before the compassion, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present. after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing,to o the quorum and may participate as a voting member for the purposes and duration of that meeting only. which shall be noted in the written record of the meeting. Section 55. FWRC 2.85.040 is hereby repealed in its entirety. �•ia�+����iia�.es �.r�-�.tn:i.. n�..iv:.�.:.�ani �.�:i tryi.�..: �-�.sr�.....-s...e. Section 56. FWRC 2.85.050 is hereby amended to read as follows: 2.85.050 Duties and Rresponsibilities. The parks and recreation commission shall have the following responsibilities: (1) To hold r-egulaf public meetings at least enee a menth and to keep a- kwil4ea Feeord ef it (2-) T"Review and make recommendations on matters regarding policies and goals of the adopted park and recreation and open space comprehensive plan; (3) glReviewing and make recommendations on capital improvement program planning and related Ordinance No. 23- Page 40 of 46 Rev 1/22 ' ., and lease agreements; (4) Provide input on recreation programs, facility use policies., and other matters; pr-evided, howevef, (.) ri in the -seope-Ea P ad(s 's_auther-ity ..,..aoS.,Fibed her-eia; an (4) Prepare and Present an annual report to city council on its work and the state of parks and recreation in the city; and (5) Formulate an annual work plan for presentation to and approval by the city council. Section 57. FWRC 2.90.010 is hereby amended to read as follows: 2.90.010 C-r-eationPlanning commission created - Purpose. The city hereby creates a planning commission consistent with Chapter 35A.63 RCW. Section 58. FWRC 2.90.020 is hereby amended to read as follows: 2.90.020 Membership and appointment. (1) The planning commission shall consist of up to seven voting members and up to three alternate members appointed by city council who are residents of the city with interest in land use and planning issues and a commitment to the planned development of the community. "n a' e Ordinance No. 23- Page 41 of 46 Rev 1/22 (-3-)(2) Each member and alternate member shall serve a term of four years. The ity council shall annually appeint new members te fill the expking tenns en the planning . If, for any reason, a vacancy occurs during the term of a planning commission voting member or alternate member, the city council shall appoint a new member or alternate member to fill the unexpired term. (aThe city council may remove a planning commission voting member or alternate member at any time if the city council determines that the votin& member or alternate member is not fulfilling his or her responsibilities to the satisfaction of the city council. (4) Commission members shall serve without compensation. All members and altemate membefs of Section 59. FWRC 2.90.040 is hereby repealed in its entirety. 2M.A ­ and authority-. Section 60. F)vVRC 2.90.050 is hereby amended to read as follows: 2.90.050 Officers — Staff — Operations. Ordinance No. 23- Page 42 of 46 Rev 1/22 (1) The cityplanning, commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary, from among its appointed voting, members. Such officers shall occupy their respective offices for a period of one year. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are a�nroved. (4) The commission shall meet at least once per quarter, in accordance with the commission's bylaws. The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action by the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of Ordinance No. 23- Page 43 of 46 Rev 1/22 the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present. an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributingto o the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Section 61. FWRC 2.90.060 is hereby amended to read as follows: 2.90.060 Additional tees; -boar, -,a ils, and indivi-duakDuties and responsibilities. The jurisdiction powers and authority of the planning commission, as these relate to matters covered by FWRC Title 19. are established in Chapter 19.80 FWRC. In addition, the city council may, from time to time, grant to the planning commission such other jurisdiction, powers, duties, and authority as city council deems appropriate and consistent with state and city law. Section 62. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Ordinance No. 23- Page 44 of 46 Rev 1/22 Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 63. 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 64. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 65. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 12023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 23- Page 45 of 46 Rev 1/22 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 46 of 46 Rev 1/22 Commission Code Updates — Clean, "As Adopted" Version Chapter 2.45 CIVIL SERVICE COMMISSION 2.45.020 Civil service commission created — Purpose. There is hereby created a police civil service commission with the authority to exercise the powers and perform the duties established by this chapter and by state law as set forth in Chapter 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of employees of the police department. The police chief shall be exempted from civil service, as well as a number of additional positions, designated as the unclassified service, as selected by the police chief with the concurrence of the mayor and the civil service commission as provided for in RCW 41.12.050. Volunteers, reservists, part-time, or seasonal employees of the police department shall be exempted from civil service. 2.45.030 Membership and appointment. (1) The civil service commission shall consist of up to five members who shall be appointed by the mayor. Up to two alternate commissioners may be appointed to the commission by the mayor. (2) No person shall be appointed a commissioner or alternate commissioner unless that person is a citizen of the United States, a resident of the city for at least three years immediately preceding such appointment, and an elector (registered voter) of the county in which the commissioner resides. (3) The term of office of the commissioners shall be for six years, and terms shall be staggered to ensure that as few members as possible may have terms expire at the same time. Page 1 of 34 Commission Code Updates — Clean, "As Adopted" Version (4) Commission members shall serve without compensation. (5) Commissioners shall devote due time and attention to the performance of their specified duties. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.45.060 Proceedings — Quorum. (1) The commission shall hold regular meetings and such additional meetings as may be required for the proper discharge of their duties. (2) A majority of appointed voting commissioners shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (3) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (3) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Page 2 of 34 Commission Code Updates — Clean, "As Adopted" Version (4) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner may serve in the place of the disqualified or absent commissioner. The alternate commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission consistent with subsection (3) of this section. Chapter 2.50 ARTS COMMISSION 2.50.010 Arts commission created — Purpose. There is hereby established a Federal Way arts commission hereinafter referred to as the arts commission. The purpose of the arts commission is to serve in an advisory capacity to the city council to represent the community's interest and provide input on the improvement and furtherance of artistic and cultural activities within the city. 2.50.030 Membership and appointment. (1) The arts commission shall consist of up to nine members and up to two alternate members appointed by the city council. (2) Commission members shall serve without compensation. (3) Each member of the arts commission shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the arts commission. If, for any reason, a vacancy occurs during the terms of an arts commission member, the city council shall appoint a new Page 3 of 34 Commission Code Updates — Clean, "As Adopted" Version member to fill the unexpired term of that member. The city council may remove an arts commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (4) Persons appointed to serve on the arts commission shall reside within the corporate limits of the city during the members' term. (5) To the extent practicable, appointments to the arts commission shall reflect a balance of interests in fine and performing arts and preservation of cultural heritage. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.50.040 Officers — Staff — Operations. (1) The arts commission shall elect its officers, including a chair and vice chair and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year. (2) The mayor shall appoint appropriate staff to assist the arts commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the arts commission. (3) The arts commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the City clerk with a copy of current bylaws which shall be maintained as part of the City's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. Page 4 of 34 Commission Code Updates — Clean, "As Adopted" Version (4) The arts commission shall meet at least once per quarter. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.50.050 Duties and responsibilities. The arts commission shall have the following responsibilities: Page 5 of 34 Commission Code Updates — Clean, "As Adopted" Version (1) Initiate, sponsor, and conduct, along with city staff, programs ealeulatedto aimed at furthering public awareness of and interest in fine and performing arts or the cultural heritage of the city. The arts commission may develop these programs alone or in cooperation with any other private, civic, or public body of the city, county, state, or federal government; (2) Develop cooperation and coordination with local schools and local, regional, and national art organizations in furthering the mission and goals of the arts commission; (3) Explore ways and methods to obtain private, local, state, and federal funds to promote art projects in the city; (4) Advise the city council and staff on the receipt of or purchase of works of art to be placed on municipal property; (5) Advise and assist the city council and staff in connection with such other artistic and heritage activities as may be referred to it by the city; (6) Prepare and present an annual report to the city council on its work and the state of the arts in the city; and (7) Formulate an annual work plan for presentation to and approval by the city council. 2.55.010 Human services commission created — Purpose. The human services commission is hereby created. The commission shall serve in an advisory capacity to the city council and -mayor make recommendations on matters including, but not limited to, the planning and funding of behavioral health, community services, prevention services, and senior services. Page 6 of 34 Commission Code Updates — Clean, "As Adopted" Version 2.55.020 Membership and appointment. (1) The human services commission shall consist of up to nine regular members and up to three alternate members appointed by the city council. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of three years. The city council shall annually appoint new members to fill the expiring terms on the human services commission. If, for any reason, a vacancy occurs during the term of a human services commission member, the city council shall appoint a new member to fill the unexpired term of that member. (4) The city council may remove a human services commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (5) Persons appointed to serve on the human services commission shall reside within the corporate limits of the city. To the extent practicable, appointments shall reflect a balance of the range of human services delivery interests in the community. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.55.030 Officers — Staff — Operations. (1) The human services commission shall elect a chair and vice chair from among its voting members. Such officers shall hold office for one year. Page 7 of 34 Commission Code Updates — Clean, "As Adopted" Version (2) The mayor shall appoint appropriate staff to assist the human services commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The human services commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the City clerk with a copy of current bylaws which shall be maintained as part of the City's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (4) The human services commission shall meet at least once per quarter. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may Page 8 of 34 Commission Code Updates — Clean, "As Adopted" Version commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.55.040 Duties and responsibilities. The human services commission shall make reports and recommendations to the city council and may concerning human services issues, including but not limited to the following responsibilities: (1) Review the status of and make recommendations on the development of human services programs in the city...; (2) Provide recommendations on the priorities of human service needs within the city.; (3) Review and make recommendations on funding requests regarding human services submitted to the city.-; (4) Assess the performance of individual human service organizations and agencies within the city.-; (5) Analyze city actions which may affect the availability and quality of human service provisions in the city; (6) Coordinate with other groups and human services planning agencies and organizations; (7) Provide an annual report to the city council on the state of human services in the city; and (8) Formulate an annual work plan for presentation to and approval by the city council. Page 9 of 34 Commission Code Updates — Clean, "As Adopted" Version Chapter 2.60 YOUTH COMMISSION 2.60.010 Youth commission created — Purpose. There is hereby created and established a Federal Way youth commission in and for the city. The purpose of the youth commission shall be to afford an opportunity for youth to engage with and learn about local government; serve as an advisory body to the city council contributing a youth -focused perspective on policies, code, plans, proposals, and practices; and provide input to the city council, other city boards and commissions, and city staff on youth programs, recreational activities, and other issues of importance to youth. 2.60.040 Membership and appointment. (1) The youth commission may consist of nine voting members and up to three alternates appointed by the city council. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of two years. If, for any reason, a vacancy occurs during the term of a youth commission member, the city council shall appoint a new member to fill the unexpired term of that youth commission member. The city council may remove a youth commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of the city council. (4) Persons appointed to serve on the commission shall reside within the city of Federal Way city Page 10 of 34 Commission Code Updates — Clean, "As Adopted" Version limits, attend high school within the city limits, or attend a high school within the Federal Way public school district during the members' terms. (5) The city council will encourage applications to serve on the commission so, as much as practicable, members may reflect a diverse cross-section of the students in the community. Freshman, sophomores, juniors, and seniors are eligible. (6) The youth commission is operational in accordance with the Federal Way School District calendar. 2.60.050 Officers — Staff — Operations. (1) The youth commission shall meet at least once per quarter except no meetings will be held when school is not in session per the Federal Way School District calendar. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (2) The mayor shall appoint appropriate staff to assist the youth commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The youth commission shall elect its officers, including a chair and vice chair and such other officers from among its voting members. Such officers shall occupy their respective offices for a period of one year. The commission shall forward a list of its elected officers to the city clerk within 30 days of election. (4) The youth commission shall adopt bylaws for the regular operation of the commission. The Page 11 of 34 Commission Code Updates — Clean, "As Adopted" Version commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.60.060 Duties and responsibilities. The youth commission shall promote leadership skills and is appointed to represent the interests and Page 12 of 34 Commission Code Updates — Clean, "As Adopted" Version needs of their peers in their community. The youth commission's goals and responsibilities shall be to: (1) Identify local youth concerns, brainstorm solutions, and report to city council; (2) Provide community youth with a forum for expressing interests and opinions; (3) Make the public aware of the youth commission and its program in an effort to place youth issues before our citizens in a positive manner; (4) Be available to serve as advisors providing a youth perspective to the council and the council's various boards, commissions, and task forces upon request; (5) Recommend outstanding youth in the community for potential recognition by the council; (6) Consult with the city council and recommend ways to improve the quality of life for young people in the city; (7) Provide an annual report to the city council on the state of youth in the city; and (8) Formulate an annual work plan for presentation to and approval by the city council. Chapter 2.62 SENIOR ADVISORY COMMISSION 2.62.010 Senior advisory commission created — Purpose. The city hereby creates the senior advisory commission. The purpose of the senior advisory commission is to advise city council in all matters pertaining to older Americans and their needs, including, but not limited to: health and nutrition, transportation, housing, employment, and recreational programs. Page 13 of 34 Commission Code Updates — Clean, "As Adopted" Version 2.62.030 Membership and appointment. (1) The senior advisory commission shall consist of up to nine members and up to three alternate members appointed by the city council. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of three years except that the first commissioners and alternates shall be appointed for different terms as follows: three commissioners and one alternate to serve for a period of one year, three commissioners and one alternate to serve for a period of two years, three commissioners and one alternate to serve for a period of three years. If, for any reason, a vacancy occurs during the term of a senior advisory commission member or alternate, the city council shall appoint a new member to fill the unexpired term. (4) The city council may remove a senior advisory commission member or alternate at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (5) Persons appointed to serve on the commission shall reside within the incorporated city limits. (6) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.62.040 Officers — Staff — Operations. (1) The city's senior advisory commission shall elect its officers, including a chair and vice chair and such other officers from among its voting members. Such officers shall occupy their respective Page 14 of 34 Commission Code Updates — Clean, "As Adopted" Version offices for a period of one year. The commission shall forward a list of its elected officers to the city clerk within 30 days of election. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The commission shall adopt bylaws and operate in accordance with its bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter according to its bylaws. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the Page 15 of 34 Commission Code Updates — Clean, "As Adopted" Version commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.62.050 Duties and responsibilities. The responsibilities of the senior advisory commission include: (1) Consult with and provide recommendations to the city council and city staff on matters pertaining to senior citizen participation in programs, policy matters, legislative agendas for state law makers, and any other matters that affect senior citizens. The commission shall identify issues related to senior citizens in the community by working with residents, service providers, city council, the mayor's office, and city staff. (2) Encourage and promote activities meeting the needs of senior citizens. (3) Evaluate and provide input on communication strategies for outreach to senior citizen communities. (4) Prepare and present an annual report to the city council on its work and the state of senior citizens in the city. (5) Formulate an annual work plan for presentation to and approval by the city council. Page 16 of 34 Commission Code Updates — Clean, "As Adopted" Version Chapter 2.65 DIVERSITY COMMISSION 2.65.010 Diversity commission created — Purpose. The Federal Way diversity commission is hereby created and established for the city. The purpose of the diversity commission is to engage with under -represented communities to solicit feedback and information that would help identify opportunities to address issues of diversity, promote diversity programs, and provide guidance to the city council to create a more equitable, accessible, safe, welcoming and inclusive government and community. 2.65.030 Membership and appointment. (1) The diversity commission shall consist of up to nine voting members appointed by the city council. Alternate members may be appointed as determined by the city council. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of three years. If, for any reason, a vacancy occurs during the term of a diversity commission member, the city council shall appoint a new member to fill the unexpired term of that member. (4) The city council may remove a diversity commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (5) All persons appointed to serve on the commission shall reside within the corporate limits of the city. (6) To the extent practicable, appointments shall reflect the range of human differences including, Page 17 of 34 Commission Code Updates — Clean, "As Adopted" Version but not limited to: race, ethnicity, gender, gender identity, sexual orientation, age, socioeconomic status, religious affiliation, and national origin. 2.65.040 Duties and responsibilities. The responsibilities of the diversity commission include the following: (1) Provide a forum that will encourage input from ouf the city's diverse inhabitants to help shape the city's vision. (2) Conduct outreach to the community in an effort to place the issue of diversity before our citizens in a positive and unifying manner. (3) Identify obstacles that may impede access to city government for the community's diverse members. (4) Prepare and present an annual report to the city council on its work and the state of diversity matters in the city. (5) Formulate a yearly work plan for presentation to and approval by the city council. 2.65.050 Officers — Staff — Operations. (1) The diversity commission shall elect its officers, including a chair and vice chair and such other officers from among its voting members. Such officers shall occupy their respective offices for a period of one year. The commission shall forward a list of its elected officers to the city clerk within 30 days of election. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and Page 18 of 34 Commission Code Updates — Clean, "As Adopted" Version records and performing other functions as -are may be necessary for the proper operation of the commission. (3) The commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter. All meetings shall be open public meetings, and the commission shall keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or Page 19 of 34 Commission Code Updates — Clean, "As Adopted" Version called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. Chapter 2.70 DISABILITY BOARD 2.70.010 Disability board created — Purpose. Pursuant to the authority of Chapter 41.26 RCW, there is created a Federal Way disability board ("board") having jurisdiction over members of Plan I of the law enforcement officers' and fire fighters' retirement system. 2.70.020 Duties and responsibilities. The board shall perform all functions, exercise all powers, and make all determinations as may be specified in Chapter 41.26 RCW and as the same may be amended from time to time. The board is authorized to promulgate rules and regulations to aid the administration of matters presented to the board. Such rules and regulations shall be reduced to writing and a copy thereof shall be filed with the city clerk for examination by the public. 2.70.030 Membership and appointment. (1) Board members are to be appointed or elected as provided by RCW 41.26.110, and this chapter. All members of the board shall serve for a two-year term. Vacancies shall be filled for the unexpired Page 20 of 34 Commission Code Updates — Clean, "As Adopted" Version terms of a member whose death, resignation, or removal creates a vacancy. The board shall consist of five voting members as follows: (a) Two members from the Federal Way city council to be appointed by the mayor, subject to approval by the Federal Way city council; (b) One law enforcement officer, active or retired, who is or was employed by the city, or an alternative member representing the interest of law enforcement officers elected pursuant to RCW 41.26.110; and (c) Two members from the public at large who have been a resident of the city for at least one year immediately preceding such appointment, and who are electors (registered voters) of the county in which they reside, to be appointed by the other three members appointed pursuant to subsections (1)(a) and (b) of this section. (d) In addition to the voting members, the mayor may serve, or he may appoint an employee of the city to serve, as an ex officio member without authority to vote. The ex officio member shall serve at the will of the mayor. (e) The board shall elect from its membership a chair who shall serve a one-year term. (2) Board members shall serve without compensation. (3) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. Chapter 2.75 LODGING TAX ADVISORY COMMITTEE Page 21 of 34 Commission Code Updates — Clean, "As Adopted" Version 2.75.010 Lodging tax advisory committee created — Purpose. There is hereby created a city lodging tax advisory committee consistent with RCW 67.28.1817, to serve the functions as prescribed in Chapter 67.28 RCW. Section 38. FWRC 2.75.020 is hereby amended to read as follows: 2.75.020 Membership and appointment. (1) The membership of the lodging tax advisory committee is governed by RCW 67.28.1817 and shall consist of at least five members appointed by the city council: one member shall be an elected official of the city who shall serve as the chair; at least two members shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members who are representatives of businesses required to collect tax under this chapter shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. (2) All members of the committee shall serve a two-year term, except that the initial committee shall have one member representing the lodging industry and one member representing organizations receiving the funds serve a one-year term in order to establish a staggered term of the office. (3) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. (4) The council may review the membership of the committee and make such changes as the council Page 22 of 34 Commission Code Updates — Clean, "As Adopted" Version may deem appropriate. The total number of members may be increased or decreased by motion of the council duly adopted, but the number of members shall not be less than five and the number of members representing businesses that are taxed and those members representing activities that may be funded by the tax must be equal at all times, consistent with subsection (1) of this section and RCW 67.28.1817. 2.75.050 Officers — Staff — Operations. (1) The committee shall operate in accordance with its duly adopted bylaws. The committee shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (2) The mayor shall appoint appropriate staff to assist the committee in preparing reports and records and performing other functions as may be necessary for the proper operation of the committee. (3) The committee shall meet in accordance with the commission's bylaws. The committee shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. (4) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. 2.75.060 Duties and responsibilities. (1) The city council shall submit to the lodging tax advisory committee, for its review and comment, Page 23 of 34 Commission Code Updates — Clean, "As Adopted" Version proposals on: (a) The imposition of a tax pursuant to Chapter 67.28 RCW; (b) Any increase in the rate of such a tax; (c) Repeal of an exemption from such a tax; or (d) A change in the use of the revenue received from such a tax. (2) The city council shall submit such proposals to the committee at least 45 days before taking final action on any such proposal. Comments by the committee should include an analysis of the extent to which the proposal will accommodate for tourists or increase tourism, and the extent to which the proposal will affect the long-range stability of the special fund created for the lodging tax revenues. The recommendation by the committee to the city council shall be a nonbinding recommendation. (3) The committee may establish bylaws for the conduct of meetings, voting, review, analysis, and preparation of comments. The committee shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. Chapter 2.80 INDEPENDENT SALARY COMMISSION 2.80.010 Independent salary commission created — Purpose. There is hereby established a Federal Way independent salary commission pursuant to RCW 35.21.015. The purpose of the commission shall be to review and establish the salaries of the mayor and the councilmembers, as provided by RCW 35.21.015. Page 24 of 34 Commission Code Updates — Clean, "As Adopted" Version 2.80.030 Membership and appointment. (1) The independent salary commission shall consist of up to five voting members and up to two alternate members appointed by the mayor and approved by the city council. (2) The independent salary commission shall serve without compensation. (3) Each member of the independent salary commission shall serve a term of four years, except that the first five commission members shall be appointed for different terms, as follows: one member to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and two members to serve for a period of four years. The mayor, with the approval of the city council, may appoint alternate independent salary commission members as the need arises. (4) No member may be appointed to more than two terms on the independent salary commission whether or not those terms are held consecutively. (5) No person shall be appointed to serve as a voting member or alternate member of the independent salary commission unless that person is a citizen of the United States, a resident of the city for at least one year immediately preceding such appointment, and an elector (registered voter) of the county in which the member resides. (6) No city officer, official, or employee of the city or any of their immediate family members may serve on the commission. "Immediate family member, " as used in this section, means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee. Page 25 of 34 Commission Code Updates — Clean, "As Adopted" Version (7) If, for any reason, a vacancy occurs during the term of an independent salary commission member, the mayor shall appoint, with the approval of the city council, a new voting or alternate member to fill the unexpired term of that voting or alternate member. (8) The city council may remove an independent salary commission member at any time for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence. (9) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.80.050 Officers — Staff — Operations. (1) The independent salary commission shall elect a chair and vice chair from among its appointed voting members. Such officers shall hold office for two years. The independent salary commission may adopt bylaws for the efficient and fair conduct of its business, consistent with state law and city ordinance. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (2) The mayor shall appoint appropriate staff to assist the independent salary commission in preparing reports and records and performing other functions as are may be necessary for the proper operation of the commission. (3) The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. Page 26 of 34 Commission Code Updates — Clean, "As Adopted" Version (4) The independent salary commission shall meet in each even year to review existing salaries and adjust them if appropriate. This meeting shall occur no later than April 30t , in any given year, and the commission shall review and, if it so determines, amend and file its schedule of salaries with the city clerk no later than May 31 s'. If necessary, the commission will also meet upon any other call by the chair, the mayor or by the majority vote of the city council. (5) A majority of appointed voting members shall constitute a quorum, and the votes of three that majority of appointed voting members shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the independent salary commission. (6) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. 2.80.060 Duties and responsibilities. The independent salary commission shall have the following responsibilities: (1) Study the relationship of salaries to the duties of the mayor and the city councilmembers and to establish a salary by either increasing or decreasing the existing salary for each position by an affirmative vote of not less than three members; (2) Review and file its salary schedules not later than May 31 of every even year; (3) Submit each salary schedule to the city clerk, who will publish the complete schedule two times, at least one week apart. The second publication date will be the official filing date. The schedule will become effective 30 days after this date. Page 27 of 34 Commission Code Updates — Clean, "As Adopted" Version 2.80.070 Salary schedule — Effective date — Referendum. (1) The commission's established or amended salary schedule will become effective in the amounts, at the times, and under the conditions established in the schedule. Once filed, the schedule shall be incorporated into the city budget without further action of the city council or salary commission. Salary increases established by the commission shall be effective as to the mayor and all city councilmembers regardless of their terms of office. Salary decreases established by the commission shall become effective as to incumbents at the commencement of their next subsequent terms of office. Existing salaries for the mayor and councilmembers established by city ordinance and/or city budget shall remain in effect unless and until changed in accordance with the provisions of this chapter. The terms and conditions of the commission's adopted salary schedule will remain in effect until amended under the terms and conditions of a new salary schedule filed in accordance with this chapter. (2) The commission's adopted salary schedule shall be subject to referendum petition by the people of the city in the same manner as a city ordinance upon filing of such petition with the city clerk within 30 days after the official filing date of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people. (3) Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed and shall be otherwise governed by the provisions of the State Constitution or other laws generally applicable Page 28 of 34 Commission Code Updates — Clean, "As Adopted" Version to referendum measures. Chapter 2.85 PARKS AND RECREATION COMMISSION 2.85.010 Parks and recreation commission created — Purpose. There is hereby established a parks and recreation commission. The purpose of the parks and recreation commission is to work with city staff in an advisory capacity on matters pertaining to parks, open space, natural areas, trails, and recreational facilities and programs for the purpose of informing, advising, or recommending actions to the city council. 2.85.020 Membership and appointment. (1) The parks and recreation commission shall consist of up to nine voting members appointed by the city council and up to two alternate commission members. (2) Commission members shall serve without compensation. (3) Each member shall serve a term of three years. If, for any reason, a vacancy occurs during the term of a parks and recreation commission member, the city council shall appoint a new member to fill the unexpired term of that member. (4) The city council may remove a parks and recreation commission member at any time if the city council determines that member is not fulfilling his or her responsibilities to the satisfaction of city council. (5) Persons appointed to serve on the commission shall reside within the corporate limits of the city during the members' terms. (6) To the extent practicable, appointments shall reflect the diversity of all recreational needs of the Page 29 of 34 Commission Code Updates — Clean, "As Adopted" Version community. (7) Each member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter. 2.85.030 Officers — Staff — Operations. (1) The city parks and recreation commission shall elect its officers, including a chair and vice chair and such other officers from among its appointed voting members. Such officers shall occupy their respective offices for a period of one year. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and records and performing other functions as aFe-may be necessary for the proper operation of the commission. (3) The commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter, in accordance with the commission's bylaws. The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law; (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate Page 30 of 34 Commission Code Updates — Clean, "As Adopted" Version members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action of the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.85.050 Duties and #responsibilities. The parks and recreation commission shall have the following responsibilities: (1) Review and make recommendations on matters regarding policies and goals of the adopted park and recreation and open space comprehensive plan; (2) Review and make recommendations on capital improvement program planning and related agreements; (3) Provide input on recreation programs, facility use policies, and other matters; (4) Prepare and Present an annual report to city council on its work and the state of parks and Page 31 of 34 Commission Code Updates — Clean, "As Adopted" Version recreation in the city; and (5) Formulate an annual work plan for presentation to and approval by the city council. Chapter 2.90 PLANNING COMISSION 2.90.010 Planning commission created — Purpose. The city hereby creates a planning commission consistent with Chapter 35A.63 RCW. 2.90.020 Membership and appointment. (1) The planning commission shall consist of up to seven voting members and up to three alternate members' appointed by city council who are residents of the city with interest in land use and planning issues and a commitment to the planned development of the community. (2) Each member and alternate member shall serve a term of four years. If, for any reason, a vacancy occurs during the term of a planning commission voting member or alternate member, the city council shall appoint a new member or alternate member to fill the unexpired term. (3) The city council may remove a planning commission voting member or alternate member at any time if the city council determines that the voting member or alternate member is not fulfilling his or her responsibilities to the satisfaction of the city council. (4) Commission members shall serve without compensation. 2.90.050 Officers — Staff — Operations. Page 32 of 34 Commission Code Updates — Clean, "As Adopted" Version (1) The city planning commission shall elect its officers, including a chair and vice chair and such other officers as it may deem necessary, from among its appointed voting members. Such officers shall occupy their respective offices for a period of one year. (2) The mayor shall appoint appropriate staff to assist the commission in preparing reports and records and performing other functions as may be necessary for the proper operation of the commission. (3) The commission shall operate in accordance with its duly adopted bylaws. The commission shall provide the city clerk with a copy of current bylaws which shall be maintained as part of the city's official public records, and shall provide an updated copy to the city clerk whenever amendments are approved. (4) The commission shall meet at least once per quarter, in accordance with the commission's bylaws. The commission shall hold open public meetings and keep a written record of its proceedings which shall be a public record, all in accordance with state law. (5) Civility and decorum shall be observed by commission members and attendees and shall be enforced by the chair. (6) A majority of appointed voting members shall constitute a quorum, except when alternate members may be counted towards a quorum as provided in subsection (7) of this section, and the votes of a majority of present voting members or alternates serving for quorum purposes is sufficient to approve any action by the commission. (7) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part Page 33 of 34 Commission Code Updates — Clean, "As Adopted" Version of the commission quorum and shall not move action or vote on matters coming before the commission, except in the event where a meeting is scheduled and no quorum is otherwise present, an alternate member may contribute to the establishment of a quorum such that the meeting may commence and proceed. If more than one alternate is present, after the meeting is commenced or called to order, the chair shall specify which of the alternate members is contributing to the quorum and may participate as a voting member for the purposes and duration of that meeting only, which shall be noted in the written record of the meeting. 2.90.060 Duties and responsibilities. The jurisdiction, powers and authority of the planning commission, as these relate to matters covered by FWRC Title 19, are established in Chapter 19.80 FWRC. In addition, the city council may, from time to time, grant to the planning commission such other jurisdiction, powers, duties, and authority as city council deems appropriate and consistent with state and city law. Page 34 of 34 COMMISSION CODE SECTIONS OUTLINE BEFORE Civil Service Commission (Ch. 2.45 FWRC) 2.45.010 Definitions. 2.45.020 Creation — Appointment. 2.45.030 Eligibility. 2.45.040 Terms. 2.45.050 Removal. 2.45.060 Proceedings — Quorum. 2.45.070 General powers and duties. 2.45.080 Secretary -chief examiner. 2.45.090 Rules and regulations. Arts Commission (Ch. 2.50 FWRC) 2.50.010 Created. 2.50.020 Purpose. 2.50,030 Membership. 2.50.040 Officers — Staff — Operation. 2.50.050 Responsibilities. Human Services Commission (Ch. 2.55 FWRC) 2.55.010 Created. 2.55.020 Qualifications —Terms. 2.55.030 Organization and meetings. 2.55.040 Duties and responsibilities. CDBG Loan Review Advisory Committee (Ch. 2.57 FWRC) F PROPOSED DELETION Youth Commission (Ch. 2.60 FWRC) 2.60.010 Created. 2.60.020 Purpose. 2.60.030 Goals. 2.60.040 Membership. 2.60.050 Responsibilities. 2.60.060 Staff support. Senior Advisory Commission (Ch. 2.62 FWRC) 2.62.010 Senior advisory commission created 2.62.020 Purpose. 2.62.030 Membership. 2.62.040 Officers — Bylaws — Staff. 2.62.050 Responsibilities. Diversity Commission (Ch. 2.65 FWRC) 2.65.010 Created. 2.65.020 Purpose. 2.65.030 Membership. 2.65.040 Responsibilities and objectives. 2.65.050 Officers. AFTER Civil Service Commission (Ch. 2.45 FWRC) 2.45.020 Civil service commission created — Purpose. 2.45.030 Membership and appointment. 2.45.050 Removal. 2.45.060 Proceedings — Quorum. 2.45.080 Secretary -chief examiner. 2.45.090 Rules and regulations. Arts Commission (Ch. 2.50 FWRC) 2.50.010 Arts commission created —Purpose. 2.50.030 Membership and appointment. 2.50.040 Officers — Staff — Operations. 2.50.050 Duties and responsibilities. Human Services Commission (Ch. 2.55 FWRC) 2.55.010 Human services commission created — Purpose. 2.55.020 Membership and appointment. 2.55.030 Officers — Staff — Operations. 2.55.040 Duties and responsibilities. REPEALED Youth Commission (Ch. 2.60 FWRC) 2.60.010 Youth commission created— Purpose. 2.60.040 Membership and appointment. 2.60.050 Officers — Staff — Operations. 2.60.060 Duties and responsibilities. Senior Advisory Commission (Ch. 2.62 FWRC) 2.62.010 Senior advisory commission created — Purpose. 2.62.030 Membership and appointment. 2.62.040 Officers — Staff — Operations. 2.62.050 Duties and responsibilities. Diversity Commission (Ch. 2.65 FWRC) 2.65.0I0 Diversity commission created —Purpose. 2.65.030 Membership and appointment. 2.65.040 Duties and responsibilities 2.65.050 Officers — Staff — Operations. COMMISSION CODE SECTIONS OUTLINE BEFORE AFTER Disability Board (Ch. 2.70 FWRC) Disability Board (Ch. 2.70 FWRC) 2.70.010 Creation of disability board. 2.70.010 Disability board created —Purpose. 2.70.020 Functions of the board. 2.70.020 Duties and responsibilities. 2.70.030 Membership. 2.70.030 Membership and appointment. 2.70.040 Term — Vacancies. Lodging Tax Advisory Committee (Ch. 2.75 FWRC) Lodging Tax Advisory Committee (Ch. 2.75 FWRC) 2,75.010 Creation. 2.75.010 Lodging tax advisory committee created — 2.75.020 Membership. Purpose. 2.75.030 Term of office. 2.75.020 Membership and appointment. 2.75.040 Voting — Dissenting and concurring comments. 2.75.050 Officers — Staff — Operations. 2.75.050 Changes to membership. 2.75.060 Duties and responsibilities — Procedures. 2.75.060 Submissions to the committee. 2.75.070 Comments — Members entitled to one vote — Dissenting or concurring comments forwarded to council. Independent Salary Commission (Ch. 2.80 FWRC) Independent Salary Commission (Ch. 2.80 FWRC) 2.80.010 Created. 2.80.010 Independent salary commission created — 2.80.020 Purpose. Purpose. 2.80.030 Membership. 2.80.030 Membership and appointment. 2.80.040 Qualifications. 2.80.050 Officers — Staff — Operations. 2.80.050 Operation, 2.80.060 Duties and responsibilities. 2.80.060 Responsibilities. 2.80.070 Salary schedule — Effective date — 2.80.070 Effective date — Salaries. Referendum. 2.80.080 Salary schedule subject to referendum petition. Parks and Recreation Commission (Ch. 2.85 FWRC) Parks and Recreation Commission (Ch. 2.85 FWRC) 2,85.010 Created. 2.85.010 Parks and recreation commission created — 2.85.020 Membership. Purpose. 2.85.030 Officers. 2.85.020 Membership and appointment. 2.85.040 Purpose. 2.85.030 Officers — Staff— Operations. 2.85.050 Responsibilities. 2.85.050 Duties and responsibilities. Planning Commission (Ch. 2.90 FWRC) Planning Commission (Ch. 2.90 FWRC) 2,90.010 Creation. 2.90,010 Planning commission created —Purpose. 2.90.020 Membership. 2.90.020 Membership and appointment. 2.90.040 Jurisdiction, powers and authority. 2.90.050 Officers — Staff — Operations. 2.90.050 Rules of procedure. 2.90.060 Duties and responsibilities. 2.90.060 Additional committees, boards, commissions, councils, and individuals. CFW COMMISSION CODE CHANGES SUMMARY General Changes Proposed Throughout the Commission Code • Combined and consolidated code sections in general to improve organization and flow, and institute a general organization as follows, with additional sections listed in chapters of commissions created and controlled by RCW: o [Commission name] created — Purpose ■ Contains the creation statement and provides general information about the purpose/goal of the commission. o Membership and appointment ■ Sets the number of members (voting and alternate), qualifications for membership, etc. o Officers — Staff — Operations ■ Provides for commissions to appoint a chair and vice chair who serve terms of one year, meeting frequency, City support staff o Duties and Responsibilities ■ Delineates what the commissions must do and expectations on the focus of their work from the Council. • Made changes to the purpose and goals statements for each commission where updates were needed, as well as clarifying the role of the commission. • Allowed membership to be "up to" the amounts for voting and alternate members listed in the code (other than where membership is prescribed by statute) to allow for fluctuations in membership and if the Council does not receive enough applicants for open seats. Adjusts membership levels to reflect current availability and practice. • Added language that each commission member has a responsibility to disclose any actual or potential conflicts of interest prior to being appointed and as they may arise at any time thereafter to ensure ongoing responsibilities are clear. • Made language consistent regarding open public meetings, records of proceedings, and commissioners serving in an unpaid, volunteer capacity. • Required commissions to provide enacted bylaws to the City Clerk as well as updates whenever amendments are approved. • Added new provisions specifying commissions (other than where controlled by statute) shall meet at least quarterly in accordance with the commission's bylaws to allow greater flexibility in scheduling. Commissions may meet more frequently, but not less than. • Created new language regarding decorum. • Removed language specifying specific numbers of members that may constitute a quorum and instead stating that it must be a majority of members to adapt to membership number fluxes. • Made new provisions allowing alternates to constitute a quorum and vote when not enough voting members are present. Chairs must appoint alternate members to serve in this capacity on in a single meeting on an as -needed basis for this new allowance to be used. • In all Council -created (non -statutory) commissions, added provisions regarding requirements for formulating annual work plans and for providing a report (written or verbal) on the state of the subject matter of the commission in the City each year. This can also be a combined effort, meaning both the work plan and report can be presented to the Council at the same time, and the report may include the accomplishments of the commission over the previous year. • Other general language clarifications to confirm the code is clear and functions as intended. Commission Code Changes Summary — Page 1 Civil Service Commission (Ch. 2.45 FWRC) — Statutory Commission — Pages 2-5 • Repealed definitions section as they were not needed. • Adjusted language to ensure the code is consistent with controlling state statutes. o Note: State statute requires 3 members, whereas the code specifies 5. We can provide for more members what is specified in statute, but not less than. If Council wanted to appoint fewer than 5 members, it can do so, so long as it is not less than 3. • Other changes consistent with the general changes listed above. Arts Commission (Ch. 2.50 FWRC) — Pages 5-9 • Updates to the purpose statement for clarity and to reflect current practice. • Added language on appointing up to 2 alternate members to reflect actual practice. Human Services Commission (Ch. 2.55 FWRC) — Pages 9-13 • Removed language referencing specific organizations/entities from FWRC 2.55.040 to make it more flexible and general. CDBG Loan Review Advisory Committee (Ch. 2.57 FWRC) — Repealed on Page 14 • Proposed deletion (repeal) as this Committee only met once years ago, has not met since, and the City has no plans to re-engage in the work that would provide this Committee with work to do. Youth Commission (Ch. 2.60 FWRC) — Pages 14-18 • Updated purpose/goals to clarify scope and role. • Adjusted member amounts to reflect current levels as the member amounts have been fairly consistent for some time now. • Proposed adjustments to the eligibility of members — must reside within the City of Federal Way or be enrolled in a high school within the Federal Way public school district. This will ensure we do not exclude any running start, private school, or homeschool students. • Clarified language around composition of and representation on the Commission regarding the diversity of youth appointed. • Proposed expansion of eligibility for the Commission by allowing Freshman to serve — currently only Sophomores and Juniors are eligible. This change would allow more kids to participate, and could allow a youth to serve two consecutive terms if interested and allowed by the Council. • Adjusted language relating to meetings to provide that no meetings will be held when school is not in session to reflect actual practice and realistic commitment levels. • Proposed some slight adjusting of language regarding the duties and responsibilities of the Commission to refresh them for the present day, while still maintaining the same theme of intent. Senior Advisory Commission (Ch. 2.62 FWRC) — Pages 19-23 • Updated purpose/goals to clarify scope and role. • Rearranging to improve flow and general changes described at the beginning of this document. Diversity Commission, Ch. 2.65 FWRC — Pages 23-27 • Updated purpose/goals to clarify scope and role and reemphasize the purpose of the commission and importance of diversity and inclusion within the City. • Adjusted language supporting membership and representation by all facets of the diversity spectrum. • Recommended removal of language that makes the duties and responsibilities prioritized in the order they are listed as the prioritization does not seem meaningful and is too inflexible. Commission Code Changes Summary — Page 2 Disability Board, Ch. 2.70 FWRC — Statutory Board — Pages 27-29 • Necessary updates to ensure the code is consistent with controlling state statutes. Lodging Tax Advisory Committee, Ch. 2,75 FWRC — Statutory Committee — Pages 29-33 • Necessary updates to ensure the code is consistent with controlling state statutes. Independent Salary Commission, Ch. 2.80 FWRC — Statutory Commission — Pages 33-38 • Provided additional detail and statutory references. Parks and Recreation Commission, Ch. 2.85 FWRC — Pages 38-43 • Updated purpose/goals to clarify scope and role. • Updated duties and responsibilities to clarify scope and role. • General changes as listed in the beginning of this document. Planning Commission, Ch. 2.90 FWRC — Pages 43-47 • Changes for consistency in organization as other changes were made recently by the Commission. Commission Code Changes Summary — Page 3