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07-18-2023 Council Packet - RegularCITY OF �. Fe deral Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall — Council Chambers* July 18, 2023 — 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CEREMONIES & RECOGNITION a. Introduction & Swearing -In of New Police Officers: Officer Joshua Jackman, Officer Joshua Lee, Officer Joshua Power, Officer Adam Taylor, and Officer Tiana Woo b. Certificates of Recognition for Federal Way Little League Seniors who won the State Championship and are heading to Regionals in California! The City Council will take a brief recess for a reception. 4. MAYOR'S EMERGING ISSUES AND REPORT • Federal Way Community Center Update • King County Elections Center at City Hall for the Primary Election will be open on July 29, July 31, and August 1 in the first floor, Patrick Maher Room • Recent Events: City Council and School Board Meet & Greet (7/15); King County Fair Opening Ceremony (7/13); and Ribbon Cutting for Pet Supplies Plus (7/15) • Upcoming Events: Summer Sounds Concerts at Steel Lake Park on Wednesdays: July 19 & August 2 at 6:30 p.m.; Dick's Drive -In Opening Day — July 27, 67t" Annual Kiwanis Salmon Bake at Steel Lake Park on Friday, July 28 at 4:00 p.m.; Movies in the Park: Ant Man & The Wasp: Quantumania — Town Square Park, Saturday, July 29; National Night Out on August 1; FUSION Gala at Dumas Bay Centre on August 2 at 5:00 p.m. 5. 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 forbeing disorderly. All individual comments are limited to 3 minutes each. The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 6. PRESENTATIONS a. South King Fire and Rescue Update — Captain Brad Chaney, PIO b. Proclamation: National Disability Independence Day — July 26 7. 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 8. 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: July 5, 2023 Regular and Special Meeting Minutes b. Global Kitchen dba Kay Catering: Amendment 1 - Additional Compensation for Dumas Bay Centre Catering Services c. Parking Lot Sweeping Request for Proposal (RFP) d. Law Enforcement ISO ClaimSearch Access — Memorandum of Understanding (MOU) e. Interlocal Agreement between the City of Auburn and the City of Federal Way for Continued Leasing of Office Space for the Puget Sound Auto Theft Task Force (PSATT) f. ARPA Grants for Housing Stability & Basic Needs g. Resolution: Accepting Transportation Grant — City Center h. Authorization to Apply for Transportation Safety Grant i. Former Bridges Barn Demolition Project — Approval to Award South 288th Street Road Diet Proiect Phase I - Authorization to Award k. Authorization to Accept King County Flood Reduction Grant 9. PUBLIC HEARING a. ORDINANCE: Intent to Designate the Community Business Zone a Residential Target Area for Purposes of the City's Multi -family Tax Exemption Program* Staff Report: Keith Niven, Community Development Director Public Comment — 3 minutes each *action on this item will occur under Ordinances on the agenda 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 10. COUNCIL BUSINESS a. Resolution: Policy on Naming City Property • Staff Presentation: Brian Davis, City Administrator b. ARPA Grants for Youth Programming • Staff Presentation: Sarah Bridgeford, Community Services Manager 11. ORDINANCES First Reading a. Council Bill #856/Ordinance: Multi -Family Tax Exemption Expansion to Community Business Zone AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO EXPANDING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM TO THE COMMUNITY BUSINESS ZONE; AMENDING FWRC 3.30.010, 3.30.020, AND 3.30.030 (AMENDING ORDINANCE NOS. 03-438, 9-600, 09-606). • Staff Report: Presented during the Public Hearing • Public Comment — 3 minutes each Council Bill #857/Ordinance: Renewing Lake Management District Number 1 for Steel Lake and setting September 19, 2023 as the Public Hearing for the Assessment Roll for the District AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RENEWING LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE AND SETTING A SEPTEMBER 19, 2023 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. Staff Report: Kevin Du, Water Quality Program Supervisor Public Comment — 3 minutes each 12. COUNCIL REPORTS 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 CITY OF Federal Way Centered on Opportunity Certificate of Recognition Craig Guymon On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the - West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. Ferre€€, Mayor Li a Kochmar, Council President arE Honda, Deputy Mayor Ly Assefa-Daw n, Councilmember Paul McDaniel, Councilmember Hoang V. Tran, Councilmember ac Walsh, Councilmember J k ovey, Council r .kP,11.1P1Pdill ,I.,,P,i., ,!i--did P.-- — -- a.j ...I I.1 I.,kid ..I,i.,did I I..,.,.ii,pp" did P.......... pp. I,..f.l,.I...I Vl�l i.l„I�....1.11..I �..400.4.,ilk,. kid ji4j PPi kid Lidi kid 1 P44 jk. � P..l.kt��i ��� ����i� ������l �.0- 1.1� ���i��.���.��i���i��i���i�����ii ��.i�. i.. i i k�P. HAI, A M kM I ok 4 *ON4 At VA .0 L L CITY OF Y Federal Way �It IN.. Centered on Opportunity ®R ME: Certificate of Recognition 01'r. in --- Jose Fabela fir• ' ' � On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and e X encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State .Y:r. Championship and will be representing Federal Way and Washington State in the West Regional Sen. ..Tournament! Signed by of -•-ral Way Mayor and City Councilday of 1 MayorWX Ferrell,�s. • .President��,� Councilm � �Yw • NINE •"SIC � � .Co ' ' s ' I ,y+ on .1, Ill 11111111 Ill kid Ill I lid Ill I P 11;111 PPY R A", .A W N , 4w E--* & AW—$ A . ... ... .. .. ...... .. .. ... .... .. . . .......... .. ....... ... . ...... .. .... .... ....... .......... ................ .............. ....... ...... ......... ............... 'A - NO a� PLO: CITY OF Vt 'r Federal Wa y ISM W, Centered on Opportunity Certificate of Recognition L Ben Gillihan ME On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State West Regional Senior Little League All Star Tournament! Championship and will be representing Federal Way and Washington State in the 05111 Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. M440 Ferr Mayor Kochmar, CounA President nda, Deputy Mayo], Ly Assefa-D son, Councilmember womi I IkK US* Paul McDaniel, Councilmember Hoang V. Tran, Councilmember RAP! n� to s. XVrX ac alsh, Councilmember (ackh)ovey, Cotgac�iernber 4 L W " 0M. ............... F W1141F IN "M Wv UlAw vsw lxm, wxw mw M."141.4pto �r� IWO nv Kw% kag Wv'-4 WA xx AN AN *A *X *,-v* wg X* Xvt; MR ........... ........... ... ff � �'A A A �R� A 'A R 'lr' A A• . eA a.� deralWay y �r� 3 III i St. ar ,k ..Ll .. eF llst CITY OF Centered on Opportunity .W"** Certificate of Recognition X Hunter Buol FAA. On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and e ouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State nc Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. errefl, Mayor , It A IV NWI e, LD put Mayor f/ a a- WCouncil councilmember Ja, UkD Vey, Co ber • • ;-,to • a • • ■ UN • • /•'/7� �� i'rrr■ A�& not Federal Wa Centered on Opportunity Certificate Tyler Buol On behalf of the citizens of Federal encouragement. -. . . baseball . . 1Washington� Championship . . will be representing Federaland Washington:r LeagueWest Regional Senior Little E Signed by the City of -•-ral Way Mayor and City Councilday of 1 Fe ell, Mayor i da Kochmar, Council President T .. an Honda, . . M .1 .• • r� . Councilmember• , �!r �r uvg 4 .0 'W* ;.au USIN WHO. rCITY OF 134, 1 Centered ! Opportunity X.; Certificate of Recognition 1W Emilio Fabela On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State X7 Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. UAW Susan Hondal Deputy Mayor Uncilmernber ; nx � �;�� no �►'°'wR�", ............. 0 V-A -,A -Ar UAI� IKA %;A -w-j"O. kun V-1 V, W.Wit.04 MIR NO. A MAN - --------- CITY OF F e eral a d WN Centered on Opportunity 'A 0 Certincate of Recognition Titus Gillihan Vv A On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State 10101 Drs. Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. O(Ferr 11, Mayor Li da Kochmar, Council President 31. Slusan Honda, Deputy Mayor L i Assefa-Da on, Councilmember 7 cDaniel, Councilmember H ember N.L. EVA P WOW !2K*M Ja Walsh, ouncilmember ja(D _)vey, Coukibime"er UAW 01 411 A Kim . up ............ .......... ..................... px-� •A •A •A' •A A A •F F' A' •A• A' �. rA. t�,. •F. •* ■A. •A, rA. ■A. L• ■�,. A• RXrX.` rA. r �� W 'ice `�' �� �i CITY OF deralWay rr /► r. Centered oOpportunity Certificate of Recognition MAKI Mabinr . On behalf of of •.- •support:r I. Mayor E Federal • baseball 1 • . n State d!�Championship and will be representing Federal Way and Washington State in the r RegionalWest •r Little League All Star Tournament!E , Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. WIN WINN J i�/'e r da fZkm jr t v. �r •r, r .r. V."' r B., 10.1;. .r. .r. •r. •r. ��� �A��y1 �� •A� ~� � b . Centered on ku� WA I i I �� A� HEA. �~� � �� ~��*��FF� •�� . Ar E it •A��j If to VICITY OF Federal Wa 2 WA Certificate of Recognition No. Traysen Guymon - MRS., ' A*,^. I On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! INA. Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. NO ncilmember M Opportunity e N.N. .W� 4 V 'A AW-WAM CITY OF 41r, M" -v ederal Wa Centered on Opportunity Recognition WN Trendon Guymon On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! M. WWI X. Lo M!" U44 �Love-;��Coilrnernber 1W Signed CITY OF F e deral `entered on Opportunity Certificate of Recognition Eric Havili On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! - Signed by the City of Federal Way Mayor and City Co s IM day of July 2023. Ji errell, Mayor nda Kochmar, auncil President r,, 4&%e — Susan Honda, Deputy Mayor L a Assefa-D son, Councilmember - e Pauj,NcDaniel, Councilmember Hoang V. Tran, Councilmember kckTNalsh, Councilmember a Doi Co- ilmember ■ WMe WAW W#y WAW %A'y %"WAW UAW WAW UAW WOW WAW EASE WAW WOW %AW WOW WOW WOW WOW %W 91 01 we awi UAWUIA'a w ",I tZ k"to, 0 � -M 101WAKRNJI MUNIvErA . ......... CITY OF Fe deral Way W N%'.. Centered on Opportunity Certificate of Recognition 4xv I Thoma Holden On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State 1K Championship and will be representing Federal Way and Washington State in the ;X West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. VAA gz- m;'- v, PIA Kochmar, Cou;w d P errell, Mayor nda •iPresient a X1.1 'Auz 100 ,fl�' .4 Susan Honda, Deputy Mayor ton ncilmernber L i Assefa-Da on, Cou Paul McDaniel, Councilmember Hoang V. Tran, Councilmember Councilmember (!�Dov(y, Coun�lmember galsh, ............. HE WAV '444 M, 14, POW, Ilk, 61*1 NM ! ILW V- IN' u am #A CITY OF Federal Way Centered on Opportunity Certificate of Recognition Angel Martinez On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. ji err ,Mayor Li da Kochmar, Coi I President Su an Honda, Deputy Mayor L d' Assefa-Da n, Councilmember Paul McDaniel, Councilmember Hoang VAT an, Councilmember jgck/Walsh, Councilmember jq& Tbovey, CouncjLma&bcr NJ CITY OF Federal Way Centered on Opportunity Certificate of Recognition Jacob Pech On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. �L Ji erreil, Mayor nda Kochmar, Council President Susan Honda, Deputy Mayor Ly i Assefa-Da on, Councilmember Paul McDaniel, Councilmember Hoang V. Tran, Councilmember - Q�—') 6 (:�Z� c alsh, Councilmember J lc D Bey, uncil rnber VIRVIF 4R. V.� TAL-AW I w4w OF AW'� Al twftA Aifo "Al a �4 .......... X. '00. 4 CITY OF :% Federal Wa y N-1 Centered on Opportunity Certificate of Recognition MCI!: b1f, X U Broq Pow1us X 4 A j P On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and it I encouragemenf for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the �4 West Regional Senior Little League All Star Tourrvamentl Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. I VONX WWI Ax * ME T j �err i i errell, Mayor L2a Kochmark, Council President LVAC, L a Assefa-Da on, Su4an Honda, Deputy Mayor Councilmember VOW Faul Wan-tel, Councilmember Hoang V, Tran, Councilmember ia��alsh, Councilmember vey, &punc�ilernber r V.V.% ENV•1, 'w4w, mo, "IV. NNW, 1411:9, "POW. W, MINX 14 14.0. MIR % y yiR AVIA AW 0,14 Xv,% "A" *,"A *'VIA PQ JU ME .................. CITY OF Federal Way Centered on Opportunity Certificate of Recognition jasonni Prom On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the - West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. Ji er ell, Mayor L' da K❑chmar, vuncil President Susan Honda, Deputy Mayor L Assefa-D son, Councilmember Paul McDaniel, Councilmember Hoan. Tran, Councilmember acVWalsh, Councilmember lmember •I. •tA �. ;P*"K a $• �(•.,rA.�. Ar� s:rk.f:• �` V'A �t PA�. �i�!rAP���. . �&'i�,. • �4!:Ar:.� �r NCITY OF X. Federal Wa Centered on Opportunity . 01- On behalf of the citizens of Federal Way, the encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the VIA West Regional Senior Little League All Star Tournament[ Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. - mt "seG: Certificate Recognition Manuel Mayor Susan Honda, Deputy Mayor 17yo-a Assefa-Da on, Councilmember Walsh, Councilmember J (ck D�vey, Coun ilme ber INA X LL I..-.-..----..-----..----. - - ----- 0 lain CITY OF Federal Way Centered on Opportunity Certificate of Recognition Orlando Young On behalf of the citizens of Federal Way, the Mayor and City Council wish to express their support and encouragement for the Federal Way National Little League Seniors baseball team who won the 2023 Washington State Championship and will be representing Federal Way and Washington State in the West Regional Senior Little League All Star Tournament! Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023. Jim rrefll,�Mayor ,, Yinda Kochmar,liouncil President w� Hond epu ayor Paul McDaniel, Councilmember Walsh, Councilmember asp �•�sm �+,� �•a� �a� �� �a� t.�•,s �•a5r �� •sslr �tia5r �s L a Assefa-Da on, Councilmember Hoane VZran: Councilmember JacJf Doey, Cbjncilrrbmber HIM 1k arr OF vz�� Federal Way PROCLAMATION "National Disability Independence Day" WHEREAS, National Disability Independence Day commemorates the signing of the Americans with Disabilities Act (ADA) into law on July 26, 1990; and WHEREAS, the Act is a clear and comprehensive national mandate for the elimination of discrimination to ensure the civil rights of people with disabilities; and WHEREAS; this legislation has been a driving force in moving America closer to the promise of equal opportunity, full participation, independent living, and economic self- sufficiency for the 61 million individuals with disabilities living in the United States.; and WHEREAS, the ADA has expanded opportunities for Americans with disabilities by providing protection from employment discrimination as well as better access to goods, services, and communications; and WHEREAS; while we commemorate this progress, we know our work to expand op- portunity and confront the stigma that persists surrounding disabilities is not yet fin- ished. NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the City of Federal Way, do hereby proclaim July 26, 2023 as NATIONAL DISABILITY INDEPENDENCE DAY and encourage the City of Federal Way to reaffirm the prin- ciples of equality and inclusion laid out in the ADA and recommit our efforts to reach full ADA compliance so that every person in our City has the opportunity to succeed. SIGNED this 1 sth day of July, 2023. FEDERAL WAYMAYORAND CITY COUNCIL 0r� J 1=errell, Mayor C Susan Ho da, Deputy Mayor I McDaniel, Councilmember lack Was , ounciImember Linda Kochmar, Co ncil President Lyd` sefa -Dawson uncilmember H a�n�-V. Tran, Caunciirnember r Jack Dovey, Cou ilm ber COUNCIL MEETING DATE: July 18, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: V a POLICY QUESTION: Should the City Council approve the draft minutes for the July 5, 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 Courtne , City Clerk DEPT: Ci Clerk Attachments: July 5, 2023 Regular Meeting Draft Minutes July 5, 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 COMMITTEE RECOMMENDATION: N/A N/A Council Initial/Date DIRECTOR APPROVAL: Initial/Date 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 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 Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers July 5, 2023 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, 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. SWEARING -IN NEWLY APPOINTED COUNCILMEMBER PAUL MCDANIEL Judge Dave Larson swore in newly appointed Councilmember Paul McDaniel and congratulated him. Councilmember McDaniel noted he was looking forward to serving the community. 4. POLICE DEPARTMENT PROMOTIONAL CEREMONY Mayor Ferrell administered the Commander Oath of Office to Thaddeus Hodge and Corporal Oath of Office to Jae An, Ricardo Cuellar, Hilary Mariani, and Eric Reyna. At 6:46 p.m. Mayor Ferrell announced the Council would recess for approximately 15 minutes in honor of the newly appointed Councilmember McDaniel. Mayor Ferrell called the meeting back to order at 7:04 p.m. 5. MAYOR'S EMERGING ISSUES AND REPORT July 4t' Fireworks Report - Deputy Chief Kyle Sumpter provided a report on calls for service and fireworks related incidents. Council thanked Deputy Chief Sumpter for the information and asked questions regarding fines or tickets issued. Federal Way City Council Regular Minutes Page 1 of 6 July 5, 2023 July 4th Red, White, and Blues Festival Event Recap - Parks Director John Hutton thanked the Parks staff, the Police Department, and the Fire Department for their work and keeping them save noting the event was a big success and was well attended. Council thanked Director Hutton for the staff effort for the Miles for Miso fun run and the community event. Upcoming Events - Mayor Ferrell reported on upcoming events including Summer Sounds Concerts at Steel Lake Park on July 12 and 19 at 6:30 p.m.; Dick's Drive -In Opening Day on July 27; 67th Annual Kiwanis Salmon Bake at Steel Lake Park on July 28 at 4:00 p.m.; and Movies in the Park: Ant Man & The Wasp: Quantumania at Town Square Park on July 29. 6. PUBLIC COMMENT Matthew Johnson read from The Federalist Papers written by Alexander Hamilton. He spoke in disrepute of the appointment process for Council Position 2. Greg McCann advocated for ARPA funding of approximately $50,000 to conduct a feasibility study for a public market. Susan Strong shared stories about theft and shoplifting in local stores. Phillip White promoted a need for more sidewalks in Federal Way. Ken Blevens visited many of the city parks on the 4th of July. He advocated legalizing smaller fireworks in the city. Geoffrey Tancredi voiced concerns about a large encampment that was located at 348th and 1st Ave. and is concerned for increased vagrants at the Performing Arts and Event Center. Ron Kaler expressed concerns about the flag posting outside of City Hall fearing it is out of compliance. Kevin Morris shared his concerns with crime and his frustration the state legislation that has hindered the police departments ability to curb crime. Nancy Justice shared safety concerns about illegal activity at the former Bally's building and in the city in general; she extended an invitation to the Council and Police Chief for her neighborhood National Night Out Event. Carolyn Hoover spoke about allowing garbage and pollution in the Hylebos creek; the city needs to set a good example of clean property. Michelle Sparks, a new business owner, expressed concerns about safety near the Transit Center and in Town Square Park. She wants to ensure that her clientele feel safe. Additional Public Comment taken later in the meeting: Anna Patrick requested the city investigate contractor liability for the Community Center repairs. She also asked the effective date of the Blake Fix for drug related crimes. 7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) - Councilmember Federal Way City Council Regular Minutes Page 2 of 6 July 5, 2023 Walsh reported the next meeting would be July 11 at 5:00 p.m. and will be chaired by Councilmember Assefa-Dawson. Land Use/Transportation Committee (LUTC) - Councilmember Dovey reported the next meeting is July 10 at 5:00 p.m. There will be discussions on housing options. Finance, Economic Development Regional Affairs Committee (FEDRAC) - Councilmember Tran reported items passed by the Committee and before Council for final approval. He noted he will be pulling item D, as requested by the Police Chief; the proposal will be revised and brought back through Committee. Lodging Tax Advisory Committee (LTAC) - Councilmember Assefa-Dawson reported further discussions with Pacific Raceway following the Tourism Enhancement Grant award to discuss the details and benefits to the city. The next meeting will be September 13. Deputy Mayor & Regional Committees Report - Deputy Mayor Honda reported on trainings and events hosted by the Association of Washington Cities (AWC) and National League of Cities (NLC). She noted members of the Council and School Board will be available on July 15 for a Coffee Meet and Greet; there will not be an agenda or formal meeting. She thanked the Lions Club for their work with the Make Music Federal Way Event. Council President Report - Council President Kochmar also encouraged the community to come to the Coffee Meet and Greet with members of the Council and the School Board; this will be held on July 15 at the Starbucks in front of the 320th Safeway. She asked for a status update on the motel and shelter housing projects including the Extended Stay, Red Lion and Stevenson Motel. 8. CONSENT AGENDA a. Minutes: June 20, 2023 Regular and Special Meeting, June 26, 2023 Special Meeting b. AP Vouchers 05/15/2023 — 06/15/2023 & Payroll Vouchers 05/01/2023 — 05/31/2023 c. Monthly Financial Report — May 2023 d C`.,Rye. 'R _ P0s;&; sari h4R the Palma Department -pulled V,�}Tpr,,,. TOTiV4 e. Request to Allocate Funds for the Renovation of the Federal Way Community Center Locker Rooms — pulled and approved separately. f. Saghalie/Sacajawea Track Replacements — ARPA Funding Reallocation Councilmember Tran pulled item d/Converting position within the Police Department. Councilmember McDaniel pulled item a/Request to Allocate Funds for the Renovation of the Federal Way Community Center Locker Rooms. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS A, B, C AND F; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes Mayor Ferrell noted staff requested item d be pulled to allow for revision and approval at a future date. Federal Way City Council Regular Minutes Page 3 of 6 July 5, 2023 The item died for lack of action. Item e/ Request to Allocate Funds for the Renovation of the Federal Way Community Center Locker Rooms. City Administrator Brian Davis repeated the presentation which was presented at the Committee meeting. He noted the repairs were identified by a third -party hired to investigate concerns. The contractor identified extensive repairs to the walls and locker room areas. The projected cost of repairs is $1.7M; an additional $41,000 would upgrade the boiler. City Administer Davis provided additional information on the funding proposal. He along with Parks Director Hutton and City Attorney Call addressed Council questions regarding liability concerns, timing of repairs, and the effect on previously ear -marked funding for turf fields and a public market. Council requested a funding plan for items such as the turf fields and public market be brought back to Council at a future meeting. COUNCILMEMBER MCDANIEL MOVED APPROVAL OF ITEM E ON THE CONSENT AGENDA; COUNCIL PRESIDENT KOCHMAR SECOND. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 9. COUNCIL BUSINESS a. Proposed 2023-2024 Collective Bargaining Agreement with Teamsters Local Union No. 763 Human Resources Director Vanessa Audett provided background and information regarding the proposed agreement. Council thanked Ms. Audett for the presentation and asked if the additional positions have been filled. COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED 2023-2024 COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS LOCAL UNION NUMBER 763 AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER TRAN. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes b. Ratification of Council Committee Appointments for Council Position 2 DEPUTY MAYOR HONDA MOVED TO RATIFY THE APPOINTMENT OF COUNCILMEMBER MCDANIEL AS A MEMBER OF THE FEDRAC AND PRHSPSC AS PROPOSED; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes Federal Way City Council Regular Minutes Page 4 of 6 July 5, 2023 c. Appointment to the Lodging Tax Advisory Committee COUNCILMEMBER ASSEFA-DAWSON MOVED TO APPOINT DARCY PICKETT TO THE LODGING TAX ADVISORY COMMITTEE AS A VOTING MEMBER FOR A TERM TO EXPIRE OCTOBER 31, 2025; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes 10. ORDINANCES Second Reading/Enactment a. Council Bill #853/Ordinance: View Protection Code Amendments/APPROVED ORDINANCE NO. 23-961 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). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes b. Council Bill #854/Ordinance: Title 18 Accessary Dwellinq Unit (ADU) Code Amendments (APPROVED ORDINANCE NO. 23-962 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) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmemberpovey yes Councilmember McDaniel yes c. Council Bill #855/0rdinance: Title 19 Accessory Dwelling Unit (ADU) Code Amendments/APPROVED ORDINANCE NO. 23-963 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ACCESSORY DWELLING UNITS; AMENDING FWRC 19.05.010, 19.05,040, Federal Way City Council Regular Minutes Page 5 of 6 July 5, 2023 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.) City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey yes Councilmember McDaniel yes 11. COUNCIL REPORTS Councilmember Assefa-Dawson thanked her colleagues for a great meeting and welcomed Councilmember McDaniel. Councilmember McDaniel thanked Council and looks forward to reading emails and reports. Councilmember Tran welcomed Councilmember McDaniel to the FEDRAC Committee. Councilmember Walsh welcomed Councilmember McDaniel to the PRHSPSC Committee. He requested staff investigate if a treatment facility could be included in the motel shelters. Councilmember Dovey welcomed Councilmember McDaniel. He asked if staff could investigate the City of Bellevue and their new crime enforcement and report back to Council. Deputy Mayor Honda reported on various community events and regional meetings she attended including AWC and King County Board of Health. She thanked those who applied for the Council seat and thanked the Parks Department for their collective work on the Red, White and Blues Festival. Council President Kochmar thanked North Lake residents for hosting their 75th annual parade. She also complimented the Red, White and Blues Festival and acknowledged the meaning behind the stars and stripes on the American flag. 12. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 9:32 p.m Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 6 of 6 July 5, 2023 CITY OF Federal Way Centered on Opportunity CITY COUNCIL b*14Ar SPECIAL MEETING MINUTES City Hall - Council Chambers July 5, 2023 - 5:30 p.m. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 5:33 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. COMMITTEE INTERVIEW The City Council interviewed one applicant for the Lodging Tax Advisory Committee. 3. EXECUTIVE SESSION At 5:47 p.m. Deputy Mayor Honda announced the Council would recess to Executive Session for the purpose of discussing collective bargaining pursuant to RCW 42.30.140(4)(b) for approximately twenty minutes. Mayor Ferrell joined the meeting at 5:47 p.m. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:04 p.m. Attest: Stephanie Courtney City Clerk Approved by Council - Federal Way City Council Special Minutes Page 1 of 1 July 5, 2023 COUNCIL MEETING DATE: July 18, 2023 ITEM #: we CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GLOBAL KITCHEN DBA KAY CATERING: AMENDMENT 1 - ADDITIONAL COMPENSATION FOR DUMAS BAY CENTRE CATERING SERVICES POLICY QUESTION: SHOULD COUNCIL APPROVE THE AMENDMENT FOR ADDITIONAL COMPENSATION FOR DUMAS BAY CENTRE CATERING SERVICES? COMMITTEE: PRHSPSC MEETING DATE: JULY 11, 2023 CATEGORY: ®__Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DAVID CLEMONS DEPT: Parks Attachments: 1. Staff Report 2. Amendment 1— additional compensation for Dumas Bay Centre catering services Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: �, t Z3 DIRECTOR APPROVAL: ILo/i9Z3 Committee Council Initia Bate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the July 18, 2023, Regular Council Meeting consent agenda for approval. " C. \ / * - _ C.nmmn ittee Chair Coihmittee Mem er Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said Amendment. " (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: July 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: David Clemons, PRCS - DBC SUBJECT: Global Kitchen dba Kay Catering: Amendment 1 — Additional Compensation for Dumas Bay Centre Catering Services Financial Impacts: This Amendment will have no financial impact on the City. Dumas Bay Centre, under rental client's direction, will order catering services from caterer. Dumas Bay Centre then collects associated payment from rental customers and then pays caterer for those specified services. Payment will be made monthly for all collective services rendered the previous month. Background Information: Dumas Bay Centre contracts with Kay Catering for catering services. Under the terms of the current agreement, the City collects catering payments from customers and then remits payment to Kay Catering. Dumas Bay Centre has been doing well with rental and catering bookings and will soon exceed the total compensation amount provided in the existing agreement. For this reason, the City requests amending the existing agreement to increase the total 2023 compensation amount, avoiding an interruption in service to rental customers when we reach the limits of compensation in the current agreement. Rev. 7/18 CITY OF CITY HALL Afto!: F� c! a ra a� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway com AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEMENT FOR DUMAS BAY CENTRE CATERING SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Global Kitchen, LLC, dba Kay Catering, a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Dumas Bay Centre Catering Services ("Agreement") dated effective February 2, 2023 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, -shall be amended to -change the -total compensationtheCity shall pay the Contractor and the rate -or method of payment, as delineated in Exhibit B-1; attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 41S CITY OF ,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: Jim Ferrell, Mayor DATE: GLOBAL KITCHEN LLC dba KAY CATERING: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of Global Kitchen LLC dba Kay Catering that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. 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 AMENDMENT -2- 3/2017 CITY OF Federal Way EXHIBIT "114" ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed One Hundred Fifty Thousand and NO/100 Dollars ($150,000.00) and Washington State sales tax equal to Fifteen Thousand One Hundred Fifty and NO/100 Dollars ($15,150.00) for a total of One Hundred Sixty -Five Thousand One Hundred Fifty and NO/100 Dollars ($165,150.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Three Hundred Thirty Thousand Three Hundred and NO/100 Dollars ($330,300.00). 2. Method of Compensation: The Dumas Bay Centre will submit catering food service orders directly to the Contractor-. Dumas Bay Centre will -collect payment for -catering orders directly from each rental client and pay Contractor a collective total for all rentals utilizing Contractor's services for each individual calendar month. The Dumas Bay Centre will provide a monthly itemized invoice showing rental details including group name, dates of service and menu selection to be reviewed by Contractor. Review and approval will occur between the 1 St and 5th of each month following service. Payment will be issued via check by the City's finance department on the 15th of each month following services provided. AMENDMENT - 3 - 3/2017 8c COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKING LOT SWEEPING RFP POLICY QUESTION: Should City Council authorize staff to request proposals for parking lot sweeping services? COMMITTEE: PRHSPS MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑--- City Council -Business - ❑ Resolution ❑ Other - STAFF REPORT BY: Jason Gerwen, Deputy Parks Director DEPT: Parks Attachments: 1. Staff Report 2. Parking Lot Sweeping REP Options Considered: 1. Approve the proposed RFP. 2. Do not approve the proposed RFP and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ECTOR APPROVAL: / S%Zvz,r of ini ial/flaie COMMITTEE RECOMMENDATION: "I move to forward the proposed RFP to the July 18, 2023, consent agenda for approval. " Com ee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed RFP, and authorize the staff to solicit 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: July 11, 2023 TO: City Council Memb VIA: Jim Ferrell, Mayor :w- G'f % 7-9 FROM: John Hutton, Parks Director qC'W imisl"eu SUBJECT: Parking Lot Sweeping RFP Financial Impacts: The cost to the City for Parking Lot Sweeping RFP was included within the approved budget under the Parks Department, 001-7100-331-576-80-480. In accordance with the approved budget, this item is funded by General Fund. Background Information: Historically, the City of Federal Way has retained a contract with a parking lot cleaning service to maintain the cleanliness, safety, and appearance of our parking lot facilities. The current 6-year contract for these services expires at the end of 2023. We need to obtain proposals and complete a new contract to maintain the current standards and level of professionalism that the public expects. Rev. 7/18 CITY OF FEDERAL WAY REQUEST FOR PROPOSAL I. PURPOSE OF REQUEST. The City of Federal Way ("City") is requesting proposals for the purpose of City -owned parking lot cleaning/sweeping. The City's needs are outlined in the following Request for Proposal ("RFP"). II. TIME SCHEDULE. The City will follow the following timetable: Issue RFP July 28, 2023 Deadline for Submittal of Proposals August 11, 2023, 2:OOpm Preliminary Selection of Firm August 14, 2023 Notify Firm Chosen September 20, 2023 III. INSTRUCTIONS TO PROPOSERS. A. All proposals should be sent to: Autumn Gressett, Community Relations Liaison/Contract Administrator — Parks City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 (253) 835-6914 autumn.gressett@cityoffederalway.com B. If submitted on paper, all proposals must be in a sealed envelope and clearly labeled in the lower left-hand corner. If submitted by email, all proposals must be clearly labeled in the subject line. The label shall identify the contents as "RFP Parking Lot Sweeping." C. All proposals must be received by the Deadline for Submittal of Proposals detailed in II. Time Schedule, at which time they will be opened. Three (3) copies of the proposal must be presented. Faxed or telephone proposals will not be accepted. D. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever - 1- Rev. 10/19 practicable. E. The Parks & Facilities Manager or Parks Department representative will notify the firm selected by the date stated in II. Time Schedule. F. All proposals must include the following information: • The names of individuals from those firms who will be working on the project and their areas of responsibility. • Specific experience of individuals relative to the proposed project. • A proposed outline of tasks, products and project schedule, including the number of hours required to complete each task or product. • A proposed budget based on the above outline of tasks, products and schedules, using the quote sheets in Exhibit A. References. IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the written proposal to the purpose and scope of service. 40% 2. Price. 30% 3. Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work. 30% Total Criteria Weight 100% Each proposal will be independently evaluated on factors one through three. V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to - 2- Rev. 10/ 19 request additional information from any proposer. C. The City reserves the right to award any contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City, the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFP. A copy of the contract is available for review and shall include requirements to comply with ADA, Civil Rights Act, and EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFP, and which is not approved by the City Attorney's office. F. The City, as a recipient of federal funding, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. G. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. VI. SCOPE OF SERVICES. A. The following specifications are intended to cover the cleaning and sweeping operations of the various surface parking lots, entrances and plaza areas of the City's Public Parking Facilities with routine frequencies schedules as listed in Table 1 below. - 3- Rev. 10/19 Table 1: Parking lot cleaning frequency schedule Location Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec BPA Trail Lot — 324th 1 1 1 1 1 1 BPA Trail Lot - 356th 1 1 1 1 1 1 Celebration — Main and lower lots 1 1 1 1 1 1 City Hall 1 1 1 1 1 1 1 1 1 2 2 1 City Hall North Lot 1 1 1 1 1 1 Dumas Bay Centre 1 1 1 1 Dumas Bay Sanctuary Park 1 1 1 1 1 1 Federal Way Community Center 1 1 1 1 French Lake Park 1 1 1 1 1 1 Lakota Park 1 1 1 1 1 1 Palisades Park 1 1 1 1 1 1 Panther Lake Trailhead 1 1 1 1 1 1 Performing Arts and Event Center 1 1 1 1 Sacajawea — Main and upper lots 1 1 1 1 1 1 Saghalie - upper lot only 1 1 1 1 1 1 Steel Lake Annex 1 1 1 1 1 1 Steel Lake Park 1 1 1 1 1 1 Town Square Park 1 1 1 1 1 1 West Hylebos Wetlands 1 1 1 1 1 1 B. Complete cleaning: 1. Each complete cleaning shall include: blowing, sweeping, vacuum, pick-up, and removal by whatever means necessary of all trash, debris, dirt, mud, and any other foreign material (except snow and ice) from the paved portions of each parking lot, entrance, and plaza. The standard for a complete cleaning shall be no visible evidence of said trash, debris, dirt, mud, or other foreign materials in comers, associated curbs, and the respective portion of the completion of each cleaning. 2. The Parks & Facilities Manager, Director, or other designated Parks Department representative shall be the final authority on whether standards have been met. 3. All materials removed shall be disposed of at a site designated or approved by the City. C. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Parks & Facilities Manager - 4- Rev. 10/19 or Parks Department representative or appointed designee. D. All fieldwork shall be performed under the supervision of a qualified employee. Laborers will be skilled working with equipment and cleaning products. E. The Contractor will ensure its employees comply with all applicable City of Federal Way and Washington State regulations, and practices with respect to work performed for the City of Federal Way. F. The Contractor's personnel will conduct themselves in a professional manner at all times while performing the services under this contract. G. The Parks & Facilities Manager or Parks Department representative or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Parks & Facilities Manager or Parks Department representative will promptly notify the Contractor. As part of the notification, the City may choose to require the Contractor to rectify the deficiency within 48 hours or hold payment until the corrections are completed. Notification may be verbal or written. H. Immediately report any damage, potential hazard, or non -life -threatening situations involving City property such as, but not limited to broken water lines, vandalism, graffiti, etc., to the City of Federal Way Parks Department, (253) 835-6901. 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 Contractor's expense, will remedy any damage to public or private structures in a timely manner and as agreed to in writing with the City. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury and shall be reported to Police/Fire Communications Center by calling 911 and the Parks Department notified as appropriate. It is the Contractor's responsibility to provide close supervision of operations and management of the work areas. J. Incidents, altercations, or accidents involving the public shall be reported to the Parks & Facilities Manager or Parks Department representative within 24 hours. The Parks & Facilities Manager or Parks Department representative, at their discretion, may require a written report from the - 5- Rev. 10/19 Contractor describing the incident or accident. As a part of the resulting Agreement from this RFP, the Contractor will agree to participate in any investigation resulting from any such incident. K. Contractor will coordinate with the Parks Department when all work is to be performed. Routine work to be performed at times when few to no vehicles will be present in the parking lot. Blow around vehicles prior to clean. L. All technicians, operators and supervisors who will be on secured properties must be in a company identifiable uniform and must be able to pass a background check. M. Managers and support personnel shall be available 24/7. N. All company vehicles must bear signage, logos, or other clearly visible information identifying the Contractor's company. VII. COMPENSATION. A. Please present detailed information on the firm's proposed fee schedule for the specifications proposed and for any variation for non -routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to definitions of routine versus non -routines tasks, what is fixed as opposed to variable, and how costs are adjusted according to that classification. B. 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. VIII. PUBLICATION. Name of Publication: Dates: Federal Way Mirror July 28, 2023 GAlawforms\RequestforProposals Rev. 10/19 - 6- Rev. 10/19 - 7- Rev. 10/19 EXHIBIT A QUOTE SHEET 2024 - Year 1 Estimated Annual Location Price Per Visit Estimated Annual Visits Amount BPA Trail Lot - 324th 8 BPA Trail Lot - 356th 8 Celebration - main and lower lots 10 City Hall 16 City Hall North Lot 8 Dumas Bay Centre 6 Dumas Bay Sanctuary Park Federal Way Community Center 8 8 French Lake Park 8 Lakota Park 8 Palisades Park 8 Panther Lake Trailhead 8 Performing Arts and Event Center Sacajawea - main and upper lots 8 8 Saghalie - upper lot only 8 Steel Lake Annex 8 Steel Lake Park 10 Town Square Park 10 8 West Hylebos Wetlands subtotal Additional Hourly Service 10 hours 2024 Annual Total -8- Rev. 10/19 2025 - Year 2 Estimated Annual Estimated Location Price Per Visit Visits Annual Amount BPA Trail Lot - 324th 8 BPA Trail Lot - 356th 8 Celebration - main and lower lots 10 City Hall 16 City Hall North Lot Dumas Bay Centre 8 6 Dumas Bay Sanctuary Park Federal Way Community Center 8 8 French Lake Park 8 Lakota Park 8 Palisades Park 8 Panther Lake Trailhead 8 Performing Arts and Event Center 8 Sacajawea - main and upper lots Saghalie - upper lot only 8 8 Steel Lake Annex 8 Steel Lake Park Town Square Park West Hylebos Wetlands Subtotal 10 10 8 Additional Hourly Service 10 Hours I 2025 Annual Total - 9- Rev. 10/19 2026 - Year 3 Estimated Annual Estimated Location Price Per Visit Visits Annual Amount BPA Trail Lot - 324th 8 BPA Trail Lot - 356th 8 Celebration - main and lower lots 10 City Hall 16 City Hall North Lot 8 Dumas Bay Centre 6 Dumas Bay Sanctuary Park Federal Way Community Center 8 8 French Lake Park 8 Lakota Park 8 Palisades Park 8 Panther Lake Trailhead 8 Performing Arts and Event Center 8 Sacajawea - main and upper lots 8 Saghalie - upper lot only 8 Steel Lake Annex 8 Steel Lake Park 10 Town Square Park 10 West Hylebos Wetlands Subtotal 8 Additional Hourly Service 10 Hours 2026 Annual Total -10- Rev. 10/19 %f 12 stalls (�1's Ll L T JL - 12- Rev. 10/19 095 S 324th"St elebration Park over lot 9- 65 Stalls jo # • R� mow`,, - , le Celebratio, � � ark T09 k �5 S 3 24th St NU _ in Lot -` 412 StalA J� r r i•- Im d -r � 1 �. �• .. � wry r • �� ,► '' , ; , City al _N041h-P rkih' Lot - .�• �. _ 33325 8th Ave • '' _ 1 4 � • 150 5tarls � ry _ t Fecera Y a ;• ' F n«! al ► ral d ►1I��� F i - I IFCQar-r., y i t r City Hal1,Parkingl6t - 33325 8th 5a, ; , 279 stallstwlud'-iggsecure Alice n a areaNO• -,� i4 t � may' ` •�� , f► r: era a P1BTal iut3� r �•. ' 1icertm??rrt ti � Aw r7 �3[t fflt i ddL 37 44 OF '�-as Bay Sa'onctA" 3b844 44th Ave SW' I 20 Stalls Y _ _ tee, I At i Ba}I ,wary Pa�kin1 y r f �L % i I t• OA `DLlmas}'Ba Centre 00 Sw Da$h Point -Road 104 S lL:,V }4► ' 04 ;- ,, . Ir _ y f SrQ i ,' i S fi " . Federal Way Community Center - 876 S 333rd.. St ' ..:Ptsg'et 5d �207 Stalls including Tabie Tpq side lot qT s ' ♦0 t5 r� � � a i s raa � i w F r � f �r �r ; 4kkk • :� Y� French Lake - 31531 1st Ave S 4 U stalls Cooking oil co-ollection site — it I -21- Rev. 10/19 altsad6s Park '5039 Dash Point Rd �8q5ta4s•. , sadegRark W . 7 ■ AN, W . 7 ■ AN, Panther Lake Tr ad 550 Camp :.. a L7 M Ae ,,j U r, Alki !raNy PALC a ?tfer;al � ti - 25- Rev. 10/19 -26- Rev. 10/19 S 31 2t h St Steel Lake Annex ~ 2645 S 312th ST Historical Society[ 1 Stalls-. of Federal Way5 � N.I. ` Y= A Steel Lake Park 2410 S 31 2th St 230 stalls Including main lot and boat--, launch lot ti 0. w4juk 0, P do ' s ,.a �' Pu�31ic res f • U S ti �.. own Square Park 31600 Pete Vora Reichbauer Way 67 stalls I � —_ILL West Flyrebos Wetlands '' 411 S.34 $tli,Sf ,r 12 stallswwl�" Z' Bike rack- West COUNCIL MEETING DATE: July 18, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS - MOU ITEM #: rej POLICY QUESTION: Should the City of Federal Way Police Department enter into an MOU with the National Insurance Crime Bureau (NICB) for access to the ISO ClaimSearch Access database to exchange information for insurance crime and fraud investigations? COMMITTEE: PRHSPS MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Diane Shines,_ Civilian Operations Manager DEPT: Police Attachments: 1. Staff Report 2. Law Enforcement ISO ClaimSearch Access MOU Options Considered: 1. Approve the proposed Law Enforcement ISO ClaimSearch Access MOU. 2. Do not approve proposed Law Enforcement ISO ClaimSearch Access MOU and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: (IVDIRECTOR APPROVAL: --- L 27/23 • Cu[ nit[c� Council Initial ate iliallUatc inilial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ISO ClaimSearch Access MOU to the July 18, 2023, consent agenda for approval. e� �aA"� Commi e Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed ISO ClaimSearch Access MOU- (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 26, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Law Enforcement ISO C1aimSearch Access -MOU Financial Impacts: Law Enforcement Insurance Services Office (ISO) C1aimSearch Access is an invaluable, free resource for law enforcement and criminal justice agencies to conduct insurance crime and fraud investigations. ISO C1aimSearch provides access to the insurance industry's "All Claims Database," which includes property, casualty claims data along with vehicle related information through the National Insurance Crime Bureau (NICB). Acceptance of the MOU carries no financial impacts. Background Information: The Law Enforcement ISO C1aimSearch Access MOU is an agreement between the National Insurance Crime Bureau ("NICB") and the City of Federal Way Police Department for the access and exchange of confidential information and data that will allow both parties to investigate and/or prosecute vehicle theft and other insurance related crimes. Qualified law enforcement agencies will be able to access all information from the ISO C1aimSearch database pertaining to vehicles, casualty claims, property claims, including individual names, addresses and numeric identifiers: Driver's License, Social Security, Telephone, Policy/Claim, Vehicle Identification Number, etc. Rev. 7/18 LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS MEMORANDUM OF UNDERSTANDING This Law Enforcement ISO ClaimSearch Access Memorandum of Understanding ("MOU") is made and entered into by and between the National Insurance Crime Bureau ("NICB"), an Illinois not -for -profit corporation located at 1111 E. Touhy Avenue, Suite 400, Des Plaines, Illinois 60018 and the law enforcement agency identified on the signature page hereto ("Agency") ("NICB" and, together with "Agency," hereafter referred to from time to time individually as "Party" or collectively as "the Parties") and is effective as of the date of the last signature to this Agreement ("Effective Date"). RECITALS WHEREAS, NICB is an Illinois not -for -profit corporation dedicated to fighting insurance - related crime and fraud, and gathering and disseminating information related to insurance crime and fraud for the benefit of NICB member companies, law enforcement, regulatory authorities and the general public; and WHEREAS, Verisk Analytics Inc. ("Verisk") owns ISO ClaimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to ISO ClaimSearch on the condition that NICB pass through certain terms to the law enforcement agency; WHEREAS, Agency is a law enforcement agency whose mission is to protect and serve the people of the applicable jurisdiction; and WHEREAS, NICB and Agency desire to work together to exchange information and data that will allow both Parties to more easily detect and prevent insurance -related crime and fraud; NOW THEREFORE, in consideration of the promises and obligations contained in this MOU, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Access. Subject to the terms of this MOU, during the Term, NICB hereby grants to Agency a non-exclusive, non -transferable, non -assignable, limited, revocable right to allow employees with access credentials within their organization the right to access and use the ISO ClaimSearch for: (1) investigating or prosecuting crime, including but not limited to insurance -related crime and fraud; and (2) investigating or prosecuting individuals relevant to homeland security activity. (collectively the "Purpose"). 2. Access Credentials. In order to access the ISO ClaimSearch, Agency must appoint an administrator ("Administrator") to receive access credentials to the ISO ClaimSearch. The Administrator, in turn, may designate individuals employed by Agency ("Designees") to receive access credentials to ISO ClaimSearch. 3. Confidentiality. A. All non-public information and data contained within ISO ClaimSearch pursuant to this Agreement shall be considered as confidential information ("Confidential Information"). Confidential Informational shall be held in the strictest confidence and shall not be released, disseminated, used, accessed, copied, shared, transferred, or disclosed by Agency, except as strictly necessary for the Purpose. B. Confidential Information shall not include any information, however designated or marked, that: (i) is publicly available, or subsequently becomes publicly available, after the time it was communicated to the recipient through no breach of this MOU by the recipient; (ii) was in the recipient's possession free of any obligation of confidence prior to being communicated to the recipient by the disclosing party, or is in the recipient's possession free of any obligation of confidence subsequent to the time it was communicated to the recipient by the disclosing party; (iii) is independently developed by employees or agents, without use of the data contained in the ISO ClaimSearch, of the recipient and can be so proven by recipient; or (iv) is obtained by the receiving party from a third party lawfully in possession of such information and without a breach of such third party's obligations of confidentiality. C. It shall not be a violation of Section 3 of this MOU for Agency to disclose Confidential Information as required by standard legal procedure in order to prosecute crime. Further, disclosure is permitted in response to a lawful subpoena or other legal process served upon Agency or where applicable law requires the disclosure of Confidential Information, provided that: (i) if not prohibited under applicable law, Agency, prior to disclosing such information, gives reasonable written notice to NICB sufficient to permit NICB to seek a protective order if it so chooses; and (ii) in all cases, Agency discloses only that information that is legally required to be disclosed. For clarity, any of the Confidential Information Agency discloses pursuant to this Section 3. c. shall remain subject to the confidentiality requirements under this MOU for all other purposes. 4. Agency Obligations. In exchange for access to ISO ClaimSearch, the Agency agrees to comply with the following obligations: A. Administrator. Agency shall appoint an Administrator who shall be identified to NICB and shall be responsible for adding or removing Designees, as appropriate, as well as maintaining a list of active Designees. No Designee may be granted access to ISO ClaimSearch without Administrator approval. The Administrator shall be the Agency contact responsible for fulfilling Agency obligations required under this MOU. B. Designees. Designees shall be restricted to active Agency employees who: (1) are in good standing and not under suspension for any criminal or civil violation, or under active criminal investigation or indictment ("Good Standing"); and (2) have a need to know the Confidential Information for the Purpose. C. Vetting. Agency shall have in place a vetting process to ensure minimum standards for each Designee to qualify for access to ISO ClaimSearch are met, including the following determinations for each Designee: i. the Designee's need for access; ii. which level of access is required for the Designee and for what purpose; iii. ensuring Designee's access conforms to this Agreement; iv. ensuring Designee's access is based on the Designee's need to know in order to carry out the Purpose; and v. documenting the above determinations. D. Responsibility. The Administrator shall be responsible for, and shall supervise and control, all Designee access to ISO ClaimSearch. The Administrator shall implement an internal process whereby Designee usage is documented and monitored to ensure that that Designee usage conforms with the Purpose and this MOU. Agency shall immediately notify NICB of any access or usage of ISO ClaimSearch that does not comply with this Agreement and shall prohibit Designee from any further access or usage of ISO ClaimSearch until future access is expressly approved, in writing, by NICB. E. Training. Agency shall ensure that Designees complete all training and certifications required in order to gain access; and all periodic training either assigned by NICB, the ISO ClaimSearch platform, or otherwise in order to maintain access. F. Termination of Access. Agency shall immediately terminate Designee's access to ISO ClaimSearch: i. when Designee's is no longer employed by Agency; ii. when Designee no longer has a legitimate Purpose to have access to ISO ClaimSearch; or iii. if a Designee is no longer in Good Standing. G. Privacy and Security Policies. Agency will, at all times, ensure that access and use of ISO ClaimSearch complies with the NICB Privacy and Security Policy, and the ISO Privacy and Security Policies, including any updates and amendments that may be issued from time to time. H. Controls for the Protection of Confidential Information. Agency shall maintain during the term of this MOU, and at all times thereafter in which Agency maintains Confidential Information in its possession or control, an information security program that provides for the administrative, technical, and physical safeguards designed to adequately protect the security and confidentiality of Confidential Information in Agency's possession or control in accordance with applicable federal, state and local laws, rules, and regulations. At a minimum, Agency's safeguards for the protection of Confidential Information shall include: i. limiting access of Confidential Information to authorized employees; ii. maintaining an adequate network firewall; iii. securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including but not limited to devices with information storage capability; iv. implementing secure storage and disposal of Confidential Information; v. implementing authentication, and access controls within operating systems and equipment; and vi. implementing appropriate personnel security and integrity procedures and practices, including conducting background checks consistent with applicable law and providing appropriate privacy and information security training to Agency employees. 5. Audits. NICB may issue a security assessment questionnaire and conduct independent onsite security assessments of Agency related to Agency's compliance this Agreement. For any onsite inspection, NICB will provide at least 30 days prior written notice. Such assessments shall not occur more than once per calendar year, at a time that minimizes operational interruptions to Agency. Agency's failure to adequately respond in a timely manner to a security assessment questionnaire, timely submit to an onsite inspection, or timely or adequately, in NICB's sole determination, remedy any compliance or security concern raised by NICB, may result in immediate suspension of Agency's ISO C1aimSearch access pursuant to Section 10 of the MOU. 6. Security Breach. A. Notification. Agency shall promptly, but in no case later than 48 hours, notify NICB of any confirmed or based on a good faith determination by NICB or Agency there is a significant risk to Confidential Information unauthorized or improper access to or use or disclosure of Confidential Information while in the possession or control of Agency, its Administrator or its Designees ("Security Breach"). B. Mitigation and Cooperation. Agency shall promptly implement steps to remediate and mitigate the effects of any Security Breach. Agency shall cooperate with reasonable requests for information from NICB or its representatives regarding the Security Breach. To the extent possible, Agency shall promptly provide a written description of the number of individuals' data involved, the location (i.e., State) of the individuals, the amount of data involved, the type of data involved and any other relevant information 4 reasonably requested by NICB or as otherwise required to be provided by applicable law. 7. Representations and Warranties. Agency represents and warrants the following: A. Agency is a professional, reputable, and trustworthy organization that serves the public. B. Agency is not under suspension for any criminal or civil violation; or under active criminal investigation or indictment. C. Agency will not provide access to any Designee who is not in Good Standing. D. Agency, its Administrator, and its Designees have a justifiable reason for requiring access to ISO C1aimSearch that is consistent with the Purpose. E. Agency either (a) has an established working relationship with NICB, or (b) will take steps in order to establish a new relationship with NICB. F. Agency agrees to comply with all applicable federal, state, and local data privacy and security laws, rules and regulations, and applicable industry standards related to or concerning the protection of data. 8. Indemnity. To the extent permissible by law, Agency shall indemnify, defend and hold NICB harmless from all third -party lawsuits, claims, liabilities, damages, settlements, judgments, or expenses, including NICB's costs and reasonable attorney fees, which arise as a result of Agency's material breach of this Agreement, negligent acts or omissions, or willful misconduct. 9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within ISO C1aimSearch is provided "AS IS, WHERE IS" and intended to be used as investigative leads only, in support of investigations of criminal activity in accordance with the Purpose. Agency should not make prosecution decisions based solely upon information contained in ISO ClaimSearch. NICB HEREBY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION CONTAINED WITHIN ISO CLAIMSEARCH. 10. Term and Termination. A. Term. This MOU shall commence as of the Effective Date and will remain in effect until either Party terminates this MOU by providing 30 days' written notice to the other party of the termination whereupon the MOU will terminate at the end of the 30-day notice period. B. Immediate Termination. NICB may immediately terminate this MOU if the Agency materially breaches its obligations under this MOU. 11. Survival. Upon termination of this MOU, the provisions of this MOU concerning the ongoing interests of the parties shall continue and survive in full force and effect. 5 12. Assignment. Neither Party may assign or transfer any rights or obligations under this MOU without the prior written consent of the other Party. Any attempt to transfer all or part of either Party's rights or obligations without such consent is null and void and of no effect. 13. Notices. All notices between the parties will be in writing and will be delivered as follows, with notice deemed given as indicated (a) by personal delivery, when delivered personally; or (b) by overnight courier, upon the courier's confirmation of delivery. In either case, a copy shall be sent via email. Notices to the Agency will be sent to the email and address provided by Agency at the time of application for credentialing. Notices to NICB will be sent to the addresses, including e-mail addresses, set forth as follows, or such other address as is provided by notice as set forth herein: National Insurance Crime Bureau 1111 E. Touhy Avenue, Suite 400 Des Plaines, Illinois 60018 Attn: General Counsel Email: pmartin@nicb.org; rcooper@nicb.org 14. Severabilit . Any term or provision of this MOU held to be illegal or unenforceable will, if possible, be interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof will not be affected. 15. No Waiver. The waiver of, or failure to enforce, any breach or default hereunder will not constitute the waiver of any other or subsequent breach or default. 16. No Joint Venture. The relationship of the parties hereunder will be that of two independent contracting parties, and nothing herein will be deemed to create a joint venture, partnership, agency or employer/employee relationship. In no event will either party be permitted to make any MOU, or represent that it is authorized to make any MOU, on behalf of the other party, without the prior written consent of such other party. 17. Entire Agreement. This MOU sets forth the entire agreement between the parties related to the subject matter herein, and supersedes any and all prior agreements, proposals, understandings, discussions, MOUs, and representations between them, whether written or oral. This MOU may be changed only by mutual MOU of the parties in writing. This MOU may be executed in counter -parts with electronic signatures to be deemed valid and binding. [Signatures immediately to follow on page 7 of 7] R IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by their duly authorized representatives. National Insurance Crime Bureau Signed: Name: Title: Date: 7 Agency: ORI or ORIs to which this MOU applies: Signed: Name: Title: Email: Date: COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY FOR CONTINUED LEASING OF OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK FORCE (PSATT) POLICY QUESTION: Should the City of Federal Way enter into a new interlocal agreement with the City of Auburn for the continued lease of office space for the PSATT? COMMITTEE: PRHS&PSC MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: . DEPT: Attachments: 1. Staff Report 2. Interlocal Agreement Options Considered: 1. Approve the proposed interlocal agreement. 2. Do not approve the proposed interlocal agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: .w G Initiali ste COMMITTEE RECOMMENDATION: "I move to forward the proposed Interlocal Agreement to the July 18, 2023, consent agenda for approval. " Committee Me ber PROPOSED COUNCIL MOTION: "I move approval of the proposed Interlocal 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 — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interlocal Agreement between the City of Auburn and the City of Federal Way for continued leasing of office space for the Puget Sound Auto Theft Task Force (PSATT) Financial Impacts: There is no financial impact to the City of Federal Way. The City of Auburn will be charging an annual rent of $50,000 for office space for PSATT. However, the lease agreement costs are completely reimbursed through the 2023-2025 WATPA grant. Background Information: The Puget Sound Auto Theft Task Force (PSATT) is a joint operation between the cities of Auburn, Tukwila, Federal Way, Bonney Lake, Lakewood, Tacoma, the Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Washington State Patrol. The Federal Way Police Department (FWPD) is the lead administrative agency for PSATT. An agreement between the City of Auburn and the City of Federal Way has been in place since 2017 for Auburn to supply office space for PSATT. Since FWPD is the lead administrative agency for PSATT, it enters into and manages the lease agreement for the Task Force. The rent is fully reimbursed through the Washington Auto Theft Prevention Authority (WATPA) grant, which has already been approved and allocated for the 2023- 2025 grant cycle. Rev. 7/18 CITY OF AUBURN - CITY OF FEDERAL WAY INTERLOCAL AGREEMENT FOR LEASING OF OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK -FORCE THIS LEASE AGREEMENT ("Lease"), is entered into this , 2023 (the "Lease Date") by the City of Auburn, a Washington municipal corporation ("Landlord" or "Auburn") and the City of Federal Way a Washington municipal corporation ("Federal Way" or "Tenant"). RECITALS: 1. Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task -Force ("PSATT"), established through an interlocal agreement between the cities of Federal Way, Auburn, Bonney Lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Pierce County Prosecutor's Office, to combat automobile theft in the Puget Sound area through coordinated law enforcement; and 2. As the Lead Administrative Agency, Federal Way is authorized to expend Washington Auto Theft Prevention Authority grant funds, for eligible expenses associated with the operation of the PSATT, including the leasing of office space for the operations of the PSATT; and 3. Washington Auto Theft Prevention Authority grant cycles operate on a two-year cycle with the next cycle being July 1, 2023 — June 30, 2025; and 4. Auburn owns and has office space available in its Game Farm Park Administration Building and is willing to lease a portion of the building to Federal Way at a discounted rate for PSATTs use; and 5. The Parties deem it to be in the best interest of the public to enter into this Lease. NOW, THEREFORE, in consideration of the mutual promises set out in this Lease, Federal Way and Auburn agree as follows: ARTICLE 1: PREMISES LEASED 1.1) For and in consideration of the rent and performance by Tenant of the terms and conditions and the mutual covenants in this Lease, Landlord agrees to lease to Tenant, and Tenant agrees to lease from Landlord, the approximately 1,412 square feet of office space in the Game Farm Park Administration Building (Administration Building) depicted in Exhibit A (the "Premise") being located at 2840 Riverwalk Dr. SE, Auburn, WA 98002 (the "Property"). The Tenant shall also have shared access and use of the Common Areas defined in Section 1.3, which includes the Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page I of 18 "Vehicle Parking Area". The City reserves the right to immediate access through the Vehicle Parking Area at all times and without permission or consent of the Tenant. 1.2) Tenant acknowledges and agrees that it is relying solely on its inspection and investigation of the Premises, and accepts the property "AS -IS, WHERE IS" in its present condition with no warranties of any kind, expressed or implied, either oral or written, made by Landlord or any employee, agent or representative of Landlord with respect to the physical condition of the Premises. Tenant shall have determined to its satisfaction upon its execution hereof that the Premises can be used for the purposes it intends and which are described in Article 4 below and permitted under this lease. Tenant acknowledges and agrees that neither Landlord nor Landlord's employees, agents, representatives or otherwise have made, and does not make any representations or warranties of any kind or character whatsoever, whether expressed or implied, with respect to the habitability, leaseability or suitability for commercial purposes, merchantability, or fitness for a particular purpose of the Premises. The presence or absence of any hazardous substances, wastes or materials as defined by State, Federal or Local Law, all of which warranties Landlord hereby expressly disclaims. Landlord does represent that, to the best of the Landlord's knowledge, without duty of inquiry, there are no hazardous wastes or materials on, in or under the Premises. 1.3) Common Areas - Those certain areas depicted in Exhibit A totaling approximately 1,100 square feet located within the Administration Building and a vehicle parking are made available for Tenants non-exclusive use. Such "Common Areas" include: corridors, restrooms, conference room, and storage closet located within the Administration Building and a ("Vehicle Parking Area") consisting of approximately nineteen (19) parking stalls and supportive drive aisles serving the Administration Building. Tenant is responsible for coordinating with all other Administration Building tenants when use of the conference room desired. ARTICLE 2: TERM 2.1) Initial Term. The initial term of this Lease shall commence on July 1, 2023 (the "Commencement Date"), and expire at midnight on June 30, 2025 (the "Initial Term") unless sooner terminated pursuant to paragraph 2.3 below. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Commencement Date, Landlord shall not be subject to any liability nor shall the validity of the Lease be affected; provided, the term of this Lease shall commence on the date possession is actually tendered to Tenant. The Parties acknowledge that the Initial Term and any Term Extensions as they may exist coincide with Tenants grant funding cycle. 2.2) Term Extension(s). Provided that Tenant faithfully performs all of the terms and conditions of this Lease, Tenant may solicit Landlord to extend the currently effective Lease term for two (2) years, three (3) consecutive times ("Extension Term"). Each of the Extension Terms must commence immediately following the conclusion of the prior term without interruption or a delay in the next two-year term. Each Extension Term shall only be exercisable by written request notice ("Extension Request"), which Tenant must deliver to the City in accordance with Article 10 below, between January 1 and March 31 of the then final term year. Landlord shall have thirty Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 2 of 18 (30) days to respond to Tenants Extension Request by providing Tenant an "Extension Request Response" notice. Each Extension Term is personal to the Tenant and may not be assigned or exercised, voluntarily or involuntarily, by or to, any person or entity other than the Tenant. Each Extension Term is only available to and exercisable by Tenant when Tenant actually physically possesses the Premises. Term Extensions shall be the sole discretion of the Landlord. 2.3) Early Termination — Without penalty either Party may elect to terminate this Lease prior to the expiration of the then current Term ("Early Termination") by providing the other Party with 60 days prior written notice ("Early Termination Notice"). Notice must be delivered in accordance with Article 10 below. Tenant agrees to return the Premises in substantially the same condition as it was upon Lease Commencement. ARTICLE 3: RENT 3.1) For the use, enjoyment, maintenance and utilities of the Premises and Common Areas, Tenant agrees to pay Landlord annual "Rent" in the amount of $50,000.00. Rent shall be paid in annual installments due no later than August 31 of the existing term year. Rent shall be paid without notice, demand, offset, abatement or deduction of any kind. If commencing or terminating on a date other than the first (1st) or last day of the month then the Rent will be pro -rated on a per diem basis. 3.2) Term Extension Rent. The parties acknowledge that Tenant's budget is grant funded and therefore subject to adjustments pending budgetary grant allowances. As part of Tenants grant application Tenant covenants to apply for monthly rental allowances equal to One hundred five (105%) of the then current monthly rent amount. If Tenants awarded budget for rent is less than what Tenant is paying during their then existing Term, Landlord will have right to withdraw any Term Extension approval it may have previously given, otherwise the awarded monthly rental amount granted to Tenant shall become the new monthly rent amount for the awarded Term Extension. ARTICLE 4: PERMISSIBLE USES Tenant shall use the Premises as office space for the conducting of Tenants official business practices. Additional uses may be permitted at the discretion of the Landlord however, may be subject to additional requirements. Tenant agrees to remain compliant with the most current version of the Auburn City Code as it may be updated and/or amended during the term of this Lease. Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 3 of 18 ARTICLE 5: MAINTENANCE 5.1) Landlord's Responsibilities - Landlord shall be responsible for the sole cost and expense of all repair and maintenance to the exterior of the Administration Building including but not limited to: landscaping, foundation, exterior walls, sidewalks, siding, exterior windows, exterior doors, roof, gutters and downspouts as well as all interior and exterior mechanical systems including: HVAC, electrical, plumbing and plumbing and electrical fixtures. Landlord shall further be responsible for the repair and maintenance of the Common Areas. Provided however, that Landlord shall not be required to repair damage which results from the act of negligence by the Tenant, their agents, servants, or employees. If Landlord refuses or neglects to commence or complete repairs, either promptly or adequately, Tenant may, but shall not be required to commence or complete the repairs and Landlord shall pay the costs of such repairs. 5.2) Tenant's Responsibilities — Tenant shall be responsible for repair, maintenance to their Premises located within Administration Building, including: interior walls, floors, and any non - bath fixtures, normal wear and tear being acceptable. All repairs and maintenance shall be at the sole cost and expense of the Tenant, provided, however, that Tenant shall not be required to repair damage which results from acts of negligence by the Landlord, his agents, servants or employees, or when such damage is caused by any peril included within the Landlord's property insurance coverage. If Tenant refuses or neglects to commence or complete repairs within thirty days of written notice by the Landlord, Landlord may, but shall not be required to commence or complete the repairs and Tenant shall pay the costs of such repairs plus an additional 10% for administrative and management proposes to Landlord upon demand. Tenant will keep their Premises free of undo waste and debris and in a clean and sanitary condition at all times. 5.3) Janitorial — Tenant is responsible at their sole cost and expense for all janitorial needs and services within their Premises, which Tenant covenants to maintain in a clean, safe and sanitary condition. With the exception of the Vehicle Parking Area, Tenant shall further be responsible for the janitorial needs of the Common Areas. 5.4) Natural Disaster or Act of God — In the event that the Premises is damaged due to a natural disaster or act of God, if the cost of repairing or reconstructing the Premises to the condition and form immediately prior to such damage or destruction does not exceed thirty-three percent (33%) of the then new replacement cost thereof, then Landlord shall effect such repair, restoration, and reconstruction of the Premises so damaged or destroyed to substantially their condition prior to said damage or destruction in a timely manner. All such work shall be carried out in accordance with plans and specifications prepared by a licensed architect or engineer if such an architect or engineer is reasonably required given the scope and nature of the work. In no event shall Rent or any other monies due by Tenant be abated during such period of reconstruction and/or restoration. 5.5) If the cost of repairing, restoring or reconstructing the Premises to the condition and form immediately prior to such damage or destruction exceeds thirty-three percent (33%) of the then new replacement cost thereof, then Landlord, in its sole discretion may elect by written notice to Tenant given within thirty (30) days after the date of the damage to terminate this Lease. If no notice of termination is given then all obligations set forth in this Lease shall continue, including Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 4 of 18 but not limited to Rent obligations of the Tenant. In no event shall Landlord be responsible for damage to Tenant's personal property located on or within the Premises. 5.6) Damage Due to Fire — In the event of damage or destruction due to fire determined not to have been caused by Tenant then Sections 5.4 and 5.5 above shall apply. If however, the cause of the fire, as determined by the local Fire Authority is determined to have been caused by Tenant, one of Tenant's guests, agents, employees, students or otherwise then the cost of said repair, restoration, reconstruction or replacement of the Premises shall be borne by Tenant. Repairs, reconstruction or replacement of the Premises shall be done in a commercially reasonable manner and with the approval of the Landlord and all obligations under this Lease, including Rent shall remain in full force during such period of repair, restoration, reconstruction or replacement. ARTICLE 6: ENVIRONMENTAL PROVISIONS 6.1) Tenant has inspected the Premises and accepts it in its present "As -Is" condition. Tenant shall not cause the premises to be contaminated in any way and in the event of contamination shall immediately report such contamination to Landlord and shall cause any such contamination to be remedied by that method recognized by Washington State Department of Ecology and shall indemnify and hold Landlord harmless from all costs involved in implementing the remedy. 6.2) Any other provision of this Lease to the contrary notwithstanding, Tenant's breach of any covenant contained in this Article 6 shall be an Event of Default empowering Landlord, in addition to exercising any remedy available at law or in equity or otherwise pursuant to this Lease, to terminate this Lease and to evict Tenant from the Premises forthwith, or to terminate Tenant's right to possession only without terminating this Lease. ARTICLE 7: INSURANCE COVERAGE, INDEMNIFICATION / HOLD HARMLESS 7.1) Insurance — Tenant shall at all times have in effect the following types of minimum amounts of insurance, only as applicable to the business to be conducted by the Tenant: (I) Commercial General Liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. Such insurance shall contain contractual liability insurance covering applicable leases, licenses, permits, or agreements. (II) Commercial/business automobile liability insurance for all owned, non -owned and hired vehicles assigned to or used in performance of commercial aeronautical activities in the amount of at least $1,000,000 each accident. If any hazardous material, as defined by any local, state, or federal authority, is the subject, or transported, in the performance of this contract, a policy must be endorsed with the Insurance Services Office form CA9948 or equivalent. Puget Sound Aulo Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 5 of 18 (III) Special Causes of Loss Property Form covering all improvements and fixtures on the Premises in an amount no less than the full replacement cost thereof. (IV) Worker's compensation insurance is required by law and employer's liability insurance in the amount of $1,000,000 per accident, $1,000,000 disease per person, $1,000,000 disease policy limit is required by the Agreement. 7.2) All insurance shall be in a form and from an insurance company with Best's financial rating of at least an A- (VII). All policies, whether carried by Tenant or Subtenant, except worker's compensation policy, shall name the City and its elected or appointed officials, officers, representatives, directors, commissioners, agents, and employees as "Additional Insured", and the Tenant and/or Subtenant shall furnish certificates of insurances evidencing the required coverage cited herein prior to engaging in any commercial aeronautical activities. Such certificates shall provide for unequivocal thirty (30) day notice of cancellation or material change of any policy limits or conditions. 7.3) Self -Insurance — Tenant may satisfy any or all of the above insurance requirements by use of self-insurance. In such circumstances the rating requirements set forth in Section 7.2 shall not apply. The self-insurance shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not been self -insured and subject to the coverages and limits set forth in Section 7.L Tenant's ability to satisfy any or all of the above insurance requirements by use of self-insurance is personal to Federal Way. 7.4) The Tenant's insurance coverage shall be primary insurance as respects Landlord. Any insurance, self-insurance, or insurance pool coverage maintained by Landlord shall be in excess of the Tenant's insurance and shall not contribute with it. 7.5) Indemnification / Hold Harmless. The Tenant shall defend, indemnify, and hold harmless Landlord, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Tenant's use of Premises, or from the conduct of Tenant's business, or from any activity, work or thing done, permitted, or suffered by Tenant in or about the Premises, except only such injury or damage as shall have been occasioned by the sole gross negligence or willful misconduct of Landlord. Solely for the purpose of effectuating Tenant's indemnification obligations under this Lease, and not for the benefit of any third parties (including but not limited to employees of Tenant), Tenant specifically and expressly waives any immunity that may be granted it under applicable federal, state, or local Worker Compensation Acts, Disability Benefit Acts, or other employee benefit acts. Furthermore, the indemnification obligations under this Lease shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit Acts, or other employee benefit acts. The parties acknowledge that the foregoing provisions of this Article have been specifically and mutually negotiated between the parties. Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 6 of 18 ARTICLE 8: ASSIGNMENT AND SUBLETTING Neither this Lease nor any interest in this Lease therein may be assigned, mortgaged, transferred or encumbered, nor shall all or any part of the Premises be sublet (each of which, a "Transfer") without Landlord's prior written consent, which shall not be unreasonably withheld. Any assignee or subtenant shall assume all of Tenant's obligations under this Lease and shall be jointly and severally liable with Tenant. Consent of the Landlord to any Transfer shall not operate as a waiver of the necessity for consent to any subsequent Transfer. In connection with each request for consent to a Transfer, Tenant shall pay to Landlord an amount equal to the "Transfer Fee" of the then current City fee schedule. If Landlord consents to any proposed Transfer, Tenant may enter into the same, but only upon the specific terms and conditions set forth in Tenant's Request for Consent; any such Transfer shall be subject to, and in full compliance with, all of the terms and provisions of this Lease; the consent by Landlord to any Transfer shall not relieve Tenant of any obligation under this Lease; Landlord may require the Tenant and the Transferee to execute a Landlord's consent form; and no Transfer shall be binding on Landlord unless Tenant and the Transferee deliver to Landlord a fully -executed counterpart of the document effecting the Transfer. If Landlord consents to a proposed assignment or sublease then Landlord may require Tenant to pay to Landlord a sum equal to fifty percent (50%) of any Rent and other consideration, profit or gain realized by Tenant from such sublease or assignment, in excess of the rent allocable to the transferred space then being paid by Tenant to Landlord pursuant to the Lease (after deducting the costs of Tenant, if any, in effecting the assignment or sublease, including reasonable alteration costs, commissions and legal fees). ARTICLE 9: UTILITIES 9.1) With the exception of Internet & Communications Services all utilities associated with the Premises are included as part of Tenant's Rent. Those utilities include but are not limited to Electrical, Water, Sewer, Storm and Garbage service. 9.2) Internet & Communication Services — Tenant is responsible at its sole cost and expense for establishing and maintaining its own internet and communication services to furnish its Premises. Tenant agrees to ensure that its internet and communication services do not in any way interfere with Landlord's service or the publicly accessible internet broad band service. If Landlord provides notice to Tenant that Tenant's internet communication service is causing interference with Landlords service, the public service, or any other prior existing tenant service, Tenant agrees to take corrective action within 24 hours of notification. If Tenant does not take corrective action within 48 hours of notification, Landlord may take corrective action at Tenants full cost and expense, including the cost of bringing in any professional(s) deemed necessary by Landlord, plus an additional 10% of the sum total for administrative purposes. Landlord agrees to provide reasonable access to Tenant or Tenants agents to those areas necessary in housing such internet and communications systems. Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 7 of 18 9.3) Except to the extent caused by the gross negligence or intentional misconduct of Landlord or its agents, employees or contractors, failure by Landlord to any extent to furnish or cause to be furnished the utilities or services described in this Lease, or any cessation or interruption thereof, resulting from any cause, including without limitation, mechanical breakdown, overhaul or repair of equipment, strikes, riots, acts of God, shortages of labor or material, compliance by Landlord with any voluntary or similar governmental or business guidelines, governmental laws, regulations or restrictions, or any other similar causes, shall not render the Landlord liable in any respect for damages to either person or property, for any economic loss or other consequential damages incurred by Tenant as a result thereof, be construed as an eviction of Tenant, result in an abatement of rent, or relieve Tenant from its obligation to perform or observe any covenant or agreement contained in this Lease. ARTICLE 10: NOTICES Any notice, consent, approval or other communication given by either party to the other relating to this Lease shall be in writing, and shall be delivered in person, sent by certified mail, return receipt requested, sent by reputable overnight courier, or sent by other approved forms of electronic communication (with evidence of such transmission received) to such other party at the respective addresses set forth below (or at such other address as may be designated from time to time by written notice given in the manner provided herein). Such notice shall, if hand delivered or personally served, be effective immediately upon receipt. If sent by certified mail, return receipt requested, such notice shall be deemed given on the third business day following deposit in the United States mail, postage prepaid and properly addressed; if delivered by overnight courier, notice shall be deemed effective on the first business day following deposit with such courier; and if delivered by electronic communication, notice shall be deemed effective when sent. The notice addresses of the parties are as follows: AUBURN Real Estate Division Attn: Josh Arndt / Real Estate Manager 25 West Main St. Auburn, WA 98001 253.288.4325 Jarndt@aubumwa.gov wabja L��1.1 1 I Andy Hwang 33325 8tn Ave S Federal Way, WA 98003 Andy.hwang@cityoffederalway.com With Copies To: PSATT Sgt. Jeff Carroll #LK14 253.625.1701 Jcarroll@cityoflakewood.us Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 8 of 18 ARTICLE 11: INSPECTION,, -ACCESS AND POSTED NOTICES Landlord and any of its agents shall at any time upon seventy-two (72) hours advance written notice to Tenant, have the right to go upon and inspect the Premises, provided, however, that in the event the Landlord determines, in its sole and absolute discretion, that an emergency situation exists on or adjacent to the Premises, no advance notice to Tenant is required and Landlord may immediately go upon and inspect the Premises. Landlord shall have the right to serve, or to post and to keep posted on the Premises, or on any part thereof, any notice permitted by law or by this Lease, any other notice or notices that may at any time be required or permitted by law or by this Lease. Landlord shall not be liable in any manner for any inconvenience, disturbance, loss of business, or other damages arising out of Landlord's entry on the Premises as provided in this Section except for such damage that is caused directly by, or through the gross negligence of, Landlord, their employees, agents, or representatives. ARTICLE 12: DEFAULT AND REMEDIES 12.1) Events of Default. Tenant will be in default ("Default") under this Lease if, (a) any amount of Rent or other sums payable by Tenant to Landlord under this Lease remains unpaid for more than thirty (30) days after the date it is due; (b) Tenant files a voluntary petition in bankruptcy or makes a general assignment to the benefit of, or a general arrangement with, creditors; (c) there is an involuntary bankruptcy filed against Tenant that has not been dismissed within sixty (60) days of filing; (d) Tenant is adjudicated insolvent, or admits, in writing, its inability to pay its obligations in the ordinary course as they come due; (e) a receiver, trustee, or liquidating officer is appointed for Tenant's business; (f) if Tenant violates or breaches any of the other covenants, agreements, stipulations, or conditions described in the Agreement; 12.2) Cure of Default. Upon an Event of Default in 12.1, Landlord shall send Tenant written notice of the violation. Upon receipt of such notice, Tenant shall have thirty (30) days to cure the violation. Any violation that continues beyond this 30 day period shall be grounds for Landlord's Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 9 of 18 termination of this Lease. Tenant shall have no ability to cure a 3rd (or subsequent) distinct Event of Default occurring within a 12 month period. 12.3) Termination after Default. Landlord shall not elect to terminate the Lease as a result of any Default described above without first providing Tenant with written notice of Landlord's intent to terminate the Lease ("Termination Notice"); provided that any such termination shall be subject to Landlord compliance with the provisions of Article 12.2. Subject to the preceding sentence and the provisions of Article 12.2, Landlord shall have the rights and remedies provided in this Article 12, in addition to any other right or remedy available by law or equity (all notice and cure periods set forth above are in lieu of and not in addition to any notice required pursuant to applicable unlawful detainer/eviction statutes). 12.4) Upon Termination of this Lease, Landlord may reenter the Premises in the manner then provided by law, and remove or put out Tenant or any other persons or subtenants found therein. No such reentry shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. 12.5) Upon termination of the Lease as a result of Tenant's Default, the Landlord may elect to re - let the Premises or any part thereof upon such terms and conditions, including rent, term and remodeling or renovation, as Landlord in its sole discretion may deem necessary. Landlord shall also have the right to cause any of Tenant's Subtenants, if any should exist, to direct all future sublease rent payments directly to Landlord until such time as Tenants default has been cured. To the fullest extent permitted by law, the proceeds of any reletting or payments made directly to Landlord by any of Tenant's Subtenants shall be applied: first, to pay Landlord all costs and expenses of such reletting (including without limitation, costs and expenses incurred in retaking or repossessing the Premises, removing persons or property therefrom, securing new Tenants, and, if Landlord maintains and operates the Premises, the costs thereof); second, to pay any indebtedness of Tenant to Landlord other than rent; third, to the rent due and unpaid hereunder; and fourth, the remainder, if any, shall be held by Landlord and applied in payment of other or future obligations of Tenant to Landlord as the same may become due and payable, and Tenant shall not be entitled to receive any portion of such revenue. 12.6) If Landlord terminates this Lease as provided in this Article, Landlord shall have the right to reenter the Premises and remove all persons, and to take possession of and remove all equipment and trade fixtures of Tenant in the Premises, in the manner then provided by law. Tenant waives all claims associated with Landlord's exercising this right, and shall hold Landlord harmless therefrom. No such reentry shall be considered a forcible entry. If Landlord elects to terminate the Lease, Landlord may also recover from Tenant any earned but unpaid rent under this Lease owing to Landlord at the time of termination. 12.7) Indemnification. Nothing in this Article 12 shall be deemed to affect Landlord's right to indemnification for liability or liabilities arising prior to termination of this Lease for personal injury or property damage under the indemnification provisions or other provisions of this Lease. Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 10 of 18 12.8) Time is of the essence for this agreement. ARTICLE 13: NON-DISCRIMINATION 13.1) Tenant for themselves, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to, discrimination in the use of said facilities, 2) that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and 3) that the Tenant shall use the Premises in compliance with all other requirements imposed by 49 C.F.R. Part 21 as now enacted or as hereafter amended. 13.2) If the tenant breaches any of the above non-discrimination covenants, Landlord shall have the right to terminate this Lease agreement and to re-enter and repossess said Premises and the facilities thereon, and hold the same as if said lease agreement has never been made or issued. This provision does not become effective until the procedures of 49 C.F.R. Part 21 are followed and completed, including expiration of appeal rights. 13.3) Noncompliance with Article 13 above shall constitute a material breach thereof and, in the event of such noncompliance, Landlord shall have the right to terminate this Lease and the estate hereby created without liability therefor or; at the election of the Landlord or the United States. 13.4) Tenant agrees that it shall insert Articles 13.1 — 13.3 in any lease, license, or sublease agreement by which said Tenant grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the Premises herein leased. 13.5) The Tenant assures that during this tenancy it will undertake an Affirmative Action program as required by 14 C.F.R. § § 152.401-425 to ensure that no person shall on the grounds of race, creed, color, national origin, or sex, be excluded from participating in any covered employment activities. The Tenant assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by these regulations. The Tenant assures that it will require that its covered suborganizations provide assurances to the Tenant that they similarly will undertake Affirmative Action programs, and that they will require assurances from their suborganizations, as required by these regulations, to the same effort. ARTICLE 14: ATTORNEY'S FEES AND COSTS If by reason of default on the part of either party to this Lease agreement it becomes necessary to employ an attorney to recover any payments due hereunder or to enforce any provision of this Lease, the prevailing party, whether such party be the successful claimant or the Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 11 of 18 party who successfully defended against the claim of the other party, shall be entitled to recover a reasonable attorney's fee and to be reimbursed for such costs and expenses as may have been incurred by such prevailing party. ARTICLE 15: MISCELLANEOUS 15.1 Signage — Tenant is not granted the right under this Lease to install any signage to the interior or exterior of the Administration Building unless otherwise agreed to in a separate addendum which shall be at the sole and absolute discretion of the Landlord. If Tenant so desires, Tenant shall work in good faith with Landlord to establish a location, quantity, size, style and placement of Tenant owned signage in an area that is representative of Tenant's premises. All costs and expenses borne of signage creation, installation and/or repair will be the sole responsibility of Tenant. All signage shall be subject to and in accordance with the Auburn City Code, Chapter 18.56. 15.2) Securi - Landlord shall have no obligation to provide security to the Premises. 15.3) No Brokers - Tenant represents and warrants to Landlord that it has not engaged any broker, finder or .other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Lease and shall indemnify and hold harmless Landlord against any loss, cost, liability or expense incurred by Landlord as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Tenant. 15.4) Re u�ry Compliance - The Tenant agrees, at its sole cost and expense, to conform to, comply with and abide by all lawful rules, codes, ordinances, requirements, orders, directions, laws, regulations and standards of the United States, the State of Washington, and City of Auburn or agency of any of said entities, including rules and regulations of Landlord, including without limitation those relating to environmental matters, and regulations set forth by the Environmental Protection Agency, now in existence or hereafter promulgated, applicable to the Tenant's use and operation of said Premises, including the construction of any improvements thereon, and not to permit said Premises to be used in violation of any of said rules, codes, laws or regulations. Tenant shall pay all costs, expenses, liabilities, losses, damages, fines, penalties, claims, and demands, including reasonable counsel fees, that may in any manner arise out of or be imposed because of the failure of Tenant to comply with the covenants of this section. 15.5) Liens & Insolvency - Tenant shall keep the Premises free from any liens. In the event Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Tenant, then the Landlord may cancel this Lease at Landlord's option. 15.6) Non Waiver - Waiver by Landlord of any term, covenant or condition contained in this Lease or any breach thereof shall not be deemed to be a waiver of such term, covenant, or condition Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 12 of 18 or of any subsequent breach of the same or any other term, covenant, condition contained in this Lease. 15.7) Force Majeure - Except for the payment of Rent or other sums payable by Tenant to Landlord, time periods for Tenant's or Landlord's performance under any provisions of this Lease shall be extended for periods of time during which Tenant's or Landlord's performance is prevented due to circumstances beyond Tenant's or Landlord's control, including without limitation, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife. 15.8) Severabilily - If any term, covenant, or condition of this Lease (or part thereof) or the application thereof to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Lease (and/or the remainder of any such term, covenant or condition), or the applicability of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition (or part thereof) of this Lease shall be valid and be enforced to fullest extent permitted by law. 15.9) Choice of Law. Integration, and Interpretation — This Lease and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. This Lease, together with any subsequent amendments or addendums, constitutes the entire agreement of the parties and no other understandings, oral or otherwise, regarding this Lease shall exist or bind any of the parties. All captions, headings or titles in the paragraphs or sections of this Lease are inserted for convenience of reference only and shall not constitute a part of this Lease or act as a limitation of the scope of the particular paragraph or sections to which they apply: Construction of this Lease shall not be affected by any determination as to who is the drafter of this Lease, this Lease having been drafted by mutual agreement of the parties. 15.10) Keys — Tenant will be granted two keys to the Tenant's Premises. If Tenant desires additional keys Tenant may duplicate the provided keys to Tenant's Premises only and at Tenant's sole expense. Tenant may change the lock to their office door providing access into Tenant's Premises at Tenant's sole expense. If Tenant elects to change the lock to Tenant's Premises, Tenant will provide a copy of the new key to Landlord at no charge to Landlord. 15.11) Authori - Each party hereto warrants that it has the authority to enter into this Lease and to perform its obligations hereunder and that all necessary corporate action to authorize this transaction has been taken, and the signatories, by executing this Lease, warrant that they have the authority to bind the respective parties. ARTICLE 16: SIGNATURE By signing in the space below, the TENANT ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES TO THE CONTENTS OF THIS AGREEMENT. Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 13 of 18 TENANT CITY OF FEDERAL WAY Jim Ferrell, Mayor Approved as to Form: Ryan Call, Federal Way City Attorney LANDLORD CITY OF AUBURN Nancy Backus, Mayor Approved as to Form: Kendra Comeau, City of Auburn Attorney [NOTARIES ON THE FOLLOWING PAGE] Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 14 of I8 ERAL WAY NOTARY PAGE: STATE OF WASHINGTON ss. County of The undersigned Notary Public hereby certifies: That on this day of , 2023, personally appeared before me JIM FERRELL, MAYOR OF FEDERAL WAX, to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that they were duly authorized to execute said document on behalf of THE CITY OF FEDERAL WAY. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 15 of 18 AUBURN NOTARY PAGE: STATE OF WASHINGTON ) ss. County of The undersigned Notary Public hereby certifies: That on this day of , 2023, personally appeared before me NANCY BACKUS, MAYOR OF AUBURN, to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that he/she signed and sealed the same as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on oath stated that he/she was duly authorized to execute said document on behalf of THE CITY OF AUBURN. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, Residing at My commission expires Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 16 of 18 ICommon Area I Exhibit A Premises ADMINSTRATION BUILDING ,_:. 1 L i -- rLom PLAN Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Game Farm Park Administration Building Page 17 of 18 5 AA Klog County Nrrcel 29ZIOSS-9011 k = va • �ynR `f ps 1.101 r `. ' :'• 'ice � '�'?y ,� , Puget Sound Auto Theft Task -Force / COA Lease — RES 5724 Gauze Farm Park Administration Building Page 18 of 18 COUNCIL MEETING DATE: July 18, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA GRANTS FOR HOUSING STABILITY & BASIC NEEDS ITEM #: 0 POLICY QUESTION: Should City Council approve the recommendations for awarding housing stability and basic needs grants funded by ARPA lost revenue? COMMITTEE: PRHSPS MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Bridaeford Attachments: 1. Staff Report DEPT: Community Development Options Considered: 1. Approve the proposed grant recommendations. 2. Do not approve proposed grant recommendations and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. , MAYOR APPROVAL: Daze / L/ Initial DIRECTOR APPROVAL: InitiaVDate COMMITTEE RECOMMENDATION: I move to forward the proposed housing stability and basic needs grant recommendations to the July 18, 2023, consent agenda for approval. Commft4e OTair R C mni td6e Memb r Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed grant recommendations and authorize the Mayor to execute agreements. " (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: July 18, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator % SUBJECT: ARPA Grants for Housing Stability & Basic Needs Financial Impacts: The cost to the City for social services grants was included within the approved budget. In accordance with the approved budget, this item is funded by ARPA under the lost revenue category. Upon completion of the grants, future costs will be minimal due to grant closeout. Background Information: In November 2022, City Council approved a proposal to use a total of $2,000,000 in ARPA funds for grants to support- residents in addressing housing stability & basic needs and for providing youth programming. Council approved $800,000 for housing stability & basic needs, $1,000,000 for youth programming, and $200,000 for financial literacy. A request for proposals for each of these three areas was published and nineteen applications overall were timely received by the application deadline; however, no applications were received for financial literacy. Grant funding in the amount of $650,000 for employment and education services was also approved by Council. As originally planned and proposed, the employment and education funding will be taken through the Council review process separately and may include a regional project or a joint approach with other South King County cities. A total of seven applications were received by the deadline in the categories of housing stability and basic needs. The Human Services Commission evaluated the eligible applications and discussed the applications at its June 26, 2023, meeting. The Human Services Commission recommended partial funding for five of the applicants as outlined below. The proposals the Commission recommends receive grant funding include a combination of food access and housing services. Housing services include rent assistance, move -in assistance for families experiencing homelessness, and housing placement with case management services for justice involved fathers. Rev. 7/18 Recommendation: The Commission voted 6-1, with one abstention, to recommend City Council approve the following grants with brief overviews of the programs and performance targets to follow: Housing Stability and Basic Needs Organization Program Request Recommendation Bridging a Gap Weekend Feeding $204,875.00 $175,000.00 Program Federal Way Emergency Rent $175,000.00 $175,000.00 Community Assistance Caregiving Network FUSION Finally Home Again $228,231.94 $175,000.00 InterCultural Fathers in Transition $255,000.00 $100,000.00 Children and Family Services Multi -Service Food Bridge and $218,967.00 $175,000.00 Center Community Connections Brief overviews of the programs recommended for funding are included below and copied directly from the applications. 1. Bridging A Gap, Weekend Feeding Program: Bridging A Gap provides bags of food on the weekends and extended school breaks for students who need it most. We are seeking funding to expand these services into ten additional schools, as well as increase the number of students served at 6 schools we are currently serving. 2. Federal Way Community Caregiving Network (FWCCN), Emergency Rent Assistance: FWCCN's mission has always been to help keep people in their homes by providing emergency rent assistance to families whose income is 40% or below the median income level for King County through our Rent Assistance Program. Friends United to Shelter the Indigent Oppressed and Needy (FUSION), Finally Home Program: FUSION's FINALLY HOME program helps ensure that Federal Way families staying at our Family Center have the financial resources to move into a home of their own. Families seeking permanent housing commonly struggle to meet minimum financial requirements to move. Monies awarded will Rev. 7/18 go toward application fees, security and utility deposits, first or last month's rent, plus moving expenses. 4. InterCultural Children and Family Services, Fathers in Transition: The InterCultural Children and Family Services (ICCFS) Fathers in Transition (FIT) program serves fathers in Federal Way who have been impacted by the criminal justice system. The program began in 2022 and provides housing assistance, job training and placement, case management, parent education, and guidance in financial literacy, legal system navigation, and conflict resolution. 5. Multi -Service Center, MSC's Food Bridge & Community Connections Program: MSG's Food Bridge & Community Connections program will provide emergency food and community connection services to low-income homebound Federal Way residents and those otherwise unable to come to the food bank during open hours. Homebound clients include seniors, disabled individuals and others who cannot access food and community connection services at MSC's Federal Way offices. Rev. 7/18 COUNCIL MEETING DATE: July 18, 2023 ITEM #: 8g CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ACCEPTING TRANSPORTATION GRANT — CITY CENTER ACCESS POLICY QUESTION: Should City Council authorize the Mayor to execute a Local Agency Agreement with Washington State Department of Transportation to accept $30,000,000.00 for design and right-of-way acquisition for the City Center Access Project? COMMITTEE: Land Use and Transportation MEETING DATE: July 10, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E. 7�r DEPT: Public Works Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S ENDATION: Option 1. MAYOR APPROVAL. % ^% DIRECTOR APPROVAL. � 15I'z� !'n mitt r *11un • 3 Z Imuis i7amc COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the July 18, 2023 consent agenda for approval. Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. 1.byem &P�fUV�n?im Com ittee Member vkC�' %Dc" (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 1 /2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: E.J. Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Resolution — Accepting Transportation Grant — City Center Access Financial Impacts: The City Center Access Project was included in the City's 2023 Legislative Agenda. Funding of $30,000,000 has been awarded by legislative action from Washington State Department of Transportation (WSDOT) for design and right-of-way acquisition. No matching funds are required. No additional maintenance funds will be required for on -going maintenance at this time. Background Information: Due to the City's efforts in lobbying the state legislature, the legislature instructed WSDOT to award the City of Federal Way $30,000,000.00 for the City Center Access Project. This will fund the design and right-of-way acquisition for the project to modify the Interstate 5 and South 320th Street interchange, add access to S 324th Street, widen and extend S 324th Street between SR 99 (Pacific Highway S) and Weyerhaeuser Way S, provide a multi -use path along this segment of S 324th Street as well as on 23rd Avenue S between S 320th Street and S 324th Street, and widen SR 99 at the intersection of S 324th Street to add left -turn lanes. A summary of the grant funding is as follows: Project (Funding Phase) Estimated Grant Fund Required Years of Grant Project Amount City Match Expenditure Cost City Center Access Project (Design, Right -of -Wary) Legislative (State) $30,000,000 1 $30,000,000 $0 2023-2029 Rev 6/2020 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing execution of a Local Agency Agreement with the Washington State Department of Transportation to accept grant funding for the City Center Access Project. WHEREAS, the City of Federal Way requested funds from Washington State Legislature for the purpose of improving access from Interstate 5 to Federal Way City Center; and WHEREAS, the Washington State Legislature granted the City of Federal Way state funds through the Washington State Department of Transportation (WSDOT) Move Ahead Washington (MAWA) Capital Projects Program in the total amount of Thirty Million and no/100 Dollars ($30,000,000.00) for the City Center Access Project provided that the City Council authorizes the Mayor to enter into the required Local Agency Agreement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Receipt of State Funds. The Mayor or his designee is hereby authorized to accept the state grant funds in the amount of Thirty Million and no/100 Dollars ($30,000,000.00) for the City Center Access Project. Section ?. Execution of the Local Agency Agreement. The Mayor or his designee is hereby authorized to execute a Local Agency Agreement regarding the City Center Access Project. Section 3. Matching Funds. Pursuant to the terms of the Local Agency Agreement, the City commits matching funds of up to Zero and no/l00 Dollars ($0.00) for the City Center Access Project. Resolution No. 23- Page 1 of 3 Section 4. 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. 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 [signatures to follow] Resolution No. 23- Page 2 of 3 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: - Resolution No. 2-3- - - —Page 3-of 3 8h COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR TRANSPORTATION SAFETY GRANT POLICY QUESTION: Should City Council authorize staff to submit a grant application for the development of a Safety Action Plan? COMMITTEE: -Land Use and Transportation MEETING DATE: July 10, 2023 - CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: RICK PEREZ, P.E. DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed grant application. 2. Do not approve the proposed grant application and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: V/ 13an3 InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed grant application to the July 18, 2023 consent agenda for approval. f CW(04 V0. 2DOM Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tra , Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed grant application. " (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: July 10, 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: AUTHORIZATION TO APPLY FOR TRANSPORTATION SAFETY GRANT Financial Impacts: The match for the Safety Action Plan is proposed to be from the Capital Improvement Fund (Fund 306). No operations and maintenance expenses would be incurred, as no projects would be constructed with this funding. Background Information: As part of the federal Bipartisan Infrastructure Law, the Safe Streets and Roads for All (SS4A) program was created. The first of two components of this program would be to develop a Safety Action Plan, which would identify potential safety projects and programs, while the second component would implement the projects identified in the first. The Safety Action Plan would be a more robust version of the Local Road Safety Plan that WSDOT now requires for eligibility for Highway Safety Improvement Program grant funding. Project (Funding Phase) Estimated Project Cost Possible Grant Funds Estimated City Grant I i I Match Safety Action Plan Citywide (Planning) Safe Streets and Roads For All — $500,000 $400,000 $100,000 Planning & Demonstration Federal Funds) Rev 6/2019 8i COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FORMER BRIDGES BARN DEMOLITION PROJECT — APPROVAL TO AWARD POLICY QUESTION: Should the Council authorize the award of the Former Bridges Barn Demolition project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation MEETING DATE: July 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, E.I.T. Civil Engineer DEPT: Public Works Attachments: 1. LUTC Memorandum dated July 10, 2023 2. Bid Tabulation 3. Vicinity Map Options Considered: 1. Approve the award of the Former Bridges Barn Demolition Project to Maroni Construction, Inc., the lowest responsive, responsible bidder, in the amount of $104,750.24 and approve a 10% contingency of $10,475.02 for a maximum contract amount of $115,225.26 and authorize the Mayor to execute the contract. Also approve a transfer of $43,500 from the SWM Unallocated CIP (304) fund to the Former Bridges Barn Demolition project (Project #34111). 2. Reject all bids for the Former Bridges Barn Demolition Project and provide direction to staff. MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: DIRECTOR APPROVAL: Tnitinlir5ata COMMITTEE RECOMMENDATION: I move to forward option 1 to the July 18, 2023 consent agenda for approval. 16 - S -i�� Committee Cf t . Committee Me ittee Member PROPOSED COUNCIL MOTION: "I move to approve the award of the Former Bridges Barn Demolition Project to Maroni Construction, Inc., the lowest responsive, responsible bidder, in the amount of $104,750.24 and approve a 10% contingency of $10,475.02 for a maximum contract mount of $115,225.26 and authorize the Mayor to execute the contract, as well as approve a transfer of $43,500 from the SWM Unallocated CIP (304) fund to the Former Bridges Barn Demolition Project (Project 934111). " (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: July 10, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, E.I.T., Civil Engineer SUBJECT: Former Bridges Barn Demolition Project — Approval to Award Financial Impacts: The cost to the City for the Former Bridges Barn Demolition project was included within the approved budget under the Public Works Department Surface Water Management (SWM) Fund (304 Fund) as part of the Small CIP Project 434111. In accordance with the approved budget, this item is partially funded by $90,000 in SWM User Fees. To fully fund the project will require a transfer from the SWM Capital (304) fund in the amount of $43,500. Upon completion of the Former Bridges Barn Demolition Project, no other ongoing costs are anticipated. Background Information: Five bids were received and opened on June 23, 2023 for the Former Bridges Barn Demolition project. See attached Bid Tabulation. The lowest responsive, responsible bidder is Maroni Construction, Inc. Fmiding Summary: AVAILABLE IIEVENLIES SWM User Fees $90,000.00 SWM Unallocated CIP (304) *proposed transfer* $43,500.00 Total Available Revenue $133,500.00 ESTIMATED EXPENDITURES Design $6,750.00 Construction Contract $104,750.24 Contingency $10,475.02 Construction Management & Inspection $11,524.74 Total Estimated Expenditures 1 $133,500.00 Rev 7/18 FORMER BRIDGES BARN DEMO RFB 23-011 / CFW #34111 BID OPENING DATE 23-JUN-2023 Bid r71 Bid d2 Bid 43 Bid 44 Bid 05 MARONI CONSTRUCTION, CENTAUR CONSTRUCTION, MIKE MCCLUNG OUILCEDA EXCAVATION, PAVEMENT MAINTENANCE Engineers Estimate 9 Vendor Name --- INC. LLC CONSTRUCTION, CO. INC. OF WA, LLC Location — ENUMCLAW, WA AUBURN, WA BUCKLEY, WA STANWOOD, WA AUBURN, WA BID SCHEDULE A: FORMER BRIDGES BARN DEMOLITION ^ Total Unit Price Total Unit Price Total Unit Price Total Item Bid Item Description 0 Unit "' ON Unit Price I Total Unit Price Total Unit Price 1 MOBILIZATION LS 1 $ 20.000.00 $ 20.000.00 $ 10,000.00 $ 10,000.00 $ 12500.00 $ 125D0.00 8 10.000-00 3 20.000.00 3 10;000.00 $ 10,000.00 S I0,000.DO $7,750.00 $ 7,750.00 2 MINOR CHANGE FA 1 $ 20,000.00 $ 20,000.00 S 20.000.00 $ 65,000.00 S 20.000.00 It 20000-00 $ 20.000.00 5 20.000.00 $ 20,000.00 $ 20,000.00 $20,000.00 $ 20.000.00 3 REMOVAL & DISPOSAL OF EXISTING LS 1 $ 43,641.00 $ 43,641.00 $ 65,000.00 $ 90,000.00 $ 90.000.00 $ 80,568.00 $ 80.568.00 $ 90,000.00 $ 90,000.00 $50.000.00 $ 50,000.00 BUILDING & FOUNDATION 4 BACKFILL & FINAL RESTORATION EA 1 $ 5.000.00 $ 5.000.00 S 10.000.00 $ 10,000.00 $ 6,500.00 $ 6,500.00 $ 23,623.00 $ 23,623.00 $ 23,500.00 $ 23.500.00 $7,500.00 $ 7 500.00 5 EROSION / WATER POLLUTION CONTROL EA 1 $ 5,000.00 $ 5.000.00 $ 3,000.00 $ 1.500.00 S. 3,000.00 $ 1,500-00 $ 2,500-00 $ 1,500.D0 $ 2,500.00 IS 1.50D-DO S 9,500.00 $ 9,500A0 S 1,500.00 $ 4,500.00 $ 1.500-00 $ 4,500.00 $1.500.00 S 1,500.00 6 PROPERTY RESTORATION LS 1 IS 1.500.00 $ 1.500.00 $ 1 00.00 $ 1.500.00 -- SUBTOTIXL 45.id1':00', S 109:500.00 S 133.000.00' S14519TOD S'1i9.5vG;00r SALES TH% [10.7 - �3 9 fl9.2d $ 11 054.50 S 13 433.00 - - 3 1d.fiGa.29 S t5,099,50 INO" Nftt<1BI SCHERULI;A , 7 1 0.2A S 120,559,SI1 S 146,433,00. $ 199:855.79 5 1Ii•1,599.5U S 47,163.25 BID PROPOSAL REJECTED Irregular proposal per Special Provision 1-02.13 1(q. The proposal form was not properly executed. It was not signed. BIDDER'S CHECKLIST 910 PROPOSAL BID BOND SUBCONTRACTOR LIST. 7CONTRACTORTIFICATION - WAGE LAW COMPLIANCE CORPORATING RECYCLED MATERIALS X NOT SIGNED X CHLL;K $6U2i.97 X X X X X X X X X X X X X X X X X X X X X Page 1 of 1 34111 - Bridges Barn Demolition Federal Way 1:4,052 Cen fared nn OvPwfv-4v A A Z� All A%` Sit- N_ r4 --T T I_R Ain't W Am Legend Project Location Strea MS This map is accompanied by no warranties and is simply a graphic representation X%L , ALI" COUNCIL MEETING DATE: July 10, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 288TH ST ROAD DIET PHASE 1 AUTHORIZATION TO AWARD 8' ITEM #: 1 POLICY QUESTION: Should the City Council authorize staff to award the S 2881 St Road Diet Project Phase i to the lowest responsive, responsible bidder and return to the LUTC and authorize the Mayor to execute the contract. COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business —� ❑ Resolution ❑ Other STAFF REPORT BY: Jonathan Strong DEPT: PW/Engineering Division Attachments: 1. LUTC Memorandum dated July 10, 2023 2. Bid Tabulation 3. Vicinity Map Options Considered: 1. Award the award of the S 288th St Road Diet Phase 1 Project to ICON Materials, the lowest responsive, responsible bidder, in the amount of $910,899.50 and approve a 10% contingency of $91,089.95 for a maximum contract amount of $1,001,989.45 and authorize the Mayor to execute the contract. 2. Reject all bids for the S 288th St Road Diet Phase 1 Project and provide direction to staff MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: -2 Initial/Date t/ iuttiallDate APPROVAL: InitiallDatc COMMITTEE RECOMMENDATION: I move forward Option I to the July 18, 2023 consent agenda for approval ,NgPfo" \A c�— Zoom Jack Dovey, Committee Chair Jack Walsh, Committee Member Hong Tran, omtniuee Member PROPOSED COUNCIL MOTION: I move to approve the award of the S 288`4 St Road Diet Phase I Project to ICON Materials, the lowest responsive, responsible bidder, in the amount of $910,899.50 and approve a 10% contingency of $91,089.95 for a maximum contract amount of $1,001,989.45 and authorize the Mayor to execute the contract. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor /� FROM: EJ Walsh, Public Works Directorv?A- --, Jonathan Strong, Civil Engineer SUBJECT: S 288 h St Road Diet Phase 1 Authorization to Award Financial Impacts: The cost to the City for the S 288th Street Road Diet Phase 1 Project was included within the approved budget under the Public Works Department Capital Project #36238. In accordance with the approved budget, this item is funded by a $2 Million -dollar TIB grant, a $1 Million -dollar WSDOT Pedestrian & Bicycle Safety grant, the remainder with BEET funds and Traffic Impact fees, and $702,400 provided by Sound Transit. Upon completion of the project, ongoing cost8 associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: Seven Bids were received and opened on June 23, 2023 for the S 2881h St Road Diet Phase I project. See attached bid tabulation. The lowest responsive, responsive bidder is ICON Materials. Financial Summary: PHASE 1 ESTIMATED EXPENDITURES: Design $ 175,000.00 Construction Contract $ 910,899.50 Construction Contingency (10%) $ 91,089.95 Construction MRmt. & Inspection $ 168,010.55 TOTAL ESTIMATED EXPENDITURES $ 1,345,000.00 PHASE 1 FUNDING: Bike & Ped. Safety Grant (State) $ 900,000.00 Sound Transit $ 550,000..00 TOTAL AVAILABLE FUNDING $ 1,450,000.00 Rev 6/2019 BID TABULATION 216th Sl Road DWI PROJECT RFD Nu-2;-DO4 PROJECT 63627E 010 OPENING DATE- June 27. 3D7] V4m-> ndor Name- > ,tin ICON Mal.rlak P.cOla WA nld IL Mdu Roe LLE . WA Bid 3 ACI Pu .lW WA Bid 4 NodhWeal Ceacade Inc P WA 91d 3 Sound Paclric C 71zten LLC G Harbor WA .1.0 T.- and Sore Inc Tacoma WA _ _ Engineer Lacer Urdergro nd 4 Earthwork. Eallmata S-Imin,.h WA tlaR1 Am9urrt Oall Priceo T1}41 Yrlee local 'Prier 7e1a1 Price Prie idol Prb;4. Tnf. Pd.. 7on1 use •1 • Rcallway hnp,evemenl 1 V-1 Change 1 FA 1 (IML 2 R.W.4T :ulu Ylly 1 LS 12394W 3 RDA F44br.. Sur'wf IN 1 LS 1e.WOM a prcnd Dainiv. 1 LS 19.3w-w 3 Y6d4na1 Terhrg 1 LS Ltt Wg.m 6 LWh'IF4Mm1 1 LS Dmm Fkpaal 900 HR S7tm Tr.lfe Gwaiol 5upe+vao• 1 LS 5775WW CYarlrg and Grubbilg 1 LS a�om Rrii-dri151ruc1-find Ob.Iruclion. 1 LS f3if000 119...ali" 13a2 LF 34CA 12 R. 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Q - - 5 288th 5t fl i U r M69 COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT KING COUNTY FLOOD REDUCTION GRANT POLICY QUESTION: Should the Council authorize staff to accept a King County Flood Reduction Grant? COMMITTEE: Land Use and Transportation MEETING DATE: July 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent Smithy P.E Sound Transit Liaiso0EPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated July 10, 2023 2. Rcemcnk Far Prw rr� o Ft�a�l P-�ii� -ivN �k Options Consid d: 1. Authorize staff to accept the proposed King County Flood Reduction Grant. 2. Do not approve staff to accept the proposed grant and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1, MAYOR APPROVAL: �� APPROVAL: a< 111111.11 DAIV• COMMITTEE RECOMMENDATION: I move to forward the proposed option 1 to the July 18, 2023 consent agenda for approval. ��1 Vck Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran,111tommittee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Option 1 and authorize the Mayor to execute the 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: July 10, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director ezl� Kent Smith, P.E., Sound Transit Liaison/ SUBJECT: Authorization to Accept King County Flood Reduction Grant Financial Impacts: The cost to the City for the SR 509 Cold Creek Culvert Replacement and Channel Restoration project is estimated at $1,435,000. $200,000 in initial grant funding is estimated for preliminary design and easement acquisition. This project is included within the SWM CIP Project 18 — Cold Creek Culvert Replacements and Channel Stabilization with $3,300,000 in allocated funding for design, construction, and construction inspection and administration. Additional grant funding is anticipated once preliminary design and easement acquisition is complete. Background Information: Through the 2022 King County Flood Reduction Grant program King County has awarded $200,000 to the City of Federal Way for the SR 509 Cold Creek Culvert Replacement and Channel Restoration project. The City of Federal Way Public Works Department has identified multiple locations within Cold Creek in the City of Federal Way requiring potential culvert replacement, channel stabilization, and/or fish passage removal and habitat restoration. The City has identified these projects as likely to be competitive for the 2022 King County Flood Reduction grant program. Flooding risk was identified through a Cold Creek basin study and prioritization report for 3 locations along Cold Creek. AVAILABLE FUNDING: King County Flood Reduction Grant $200,000.00 SWM CIP Project 18 $3,300,000.00 Total Available Funding $3,500,000.00 Rev 7/I8 PROJECT ESTIMATED EXPENDITURES (Phase 1): Preliminary Design $150,000.00 Easement Acquisition $125,000.00 Construction and Contingency $1,160,000.00 Total Phase 1 Project Costs* $1,435,000.00 *Additional Project Phases will be completed with available funds Rev. 7/18 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 AGREEMENT FOR AWARD OF FLOOD REDUCTION GRANT FUNDS BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY This Agreement is made between King County, a municipal corporation, and the City of Federal Way ("Recipient") (collectively referred to as the "parties" and in the singular "party"), for the purposes set forth herein. This Agreement shall be in effect from the date of execution to December 31, 2025. Project Contacts: Contact for King County Kim Harper, Grant Administrator, 206-477-6079, ltiim.liar er c !l:inUcc�unt .ao�r. Contact for Recipient — Kent Smith, 253-835-2753, Kent.smidi.iTcityoffederalway.com. SECTION 1. RECITAL 1.1 Whereas, the King County Flood Control District ("District") is a quasi -municipal corporation of the State of Washington, authorized to provide funding for flood control and stormwater protection projects and activities; and 1.2 Whereas King County is the service provider to the District under the terms of an interlocal agreement ("ILA") by and between King County and the District, dated February 17, 2009, as amended, and as service provider implements the District's annual work program and budget; and 1.3 Whereas, on November 12, 2013, the District's Board of Supervisors passed Resolution FCD2013-14 which established a Flood Reduction Grant Program and criteria for awarding grant funding for projects, and on November 9, 2021, the Board passed Resolution FCD2021-12, which authorized an allocation of $12,000,000 from the District's 2022 budget to fund flood reduction projects; and 1.4 Whereas, on October 11, 2022, the District's Board of Supervisors passed Resolution FCD2022-12, which approved the flood reduction projects described in Attachment A to that Resolution; and 1.5 Whereas, in accordance with the terms of these Resolutions, and in its capacity as service provider to the District, King County has established policies and procedures for administering the flood reduction grant program, a copy of which has been furnished to Recipient and which is incorporated herein by this reference (hereinafter "Grant Policies and Procedures"); and 1.6 Whereas, the Recipient submitted an application to receive funds for a project to be funded by the Flood Reduction Grant Program; and Page 1 of 6 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 1.7 Whereas the District's Board of Supervisors approved funding of Recipient's application for the project ("Project"), as described in Attachment A to Resolution FCD2022-12 in the amount of $200,000 ("Award"); and 1.8 Whereas King County has received a Scope of Work and a Budget for the Project from the Recipient and has determined that the Scope of Work, attached hereto and incorporated herein as Exhibit B ("Scope of Work"), and the Budget, attached hereto and incorporated herein as Exhibit C ("Budget"), are consistent with the Grant Policies and Procedures, the Recipient's application for the Project, and the Resolution approving funding for the Project; and 1.9 Whereas, King County and the Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide funding from the District in accordance with Resolution FCD2022-12, and the Grant Policies and Procedures, and under which the Recipient will implement the Project. SECTION 2. AGREEMENT 2.1. The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 2.2. King County agrees to pay the Award amount to Recipient in the total amount of $200,000 from District funds. The Award shall be used by the Recipient solely for the performance of the Project, as described in .Exhibit A to this Agreement. Exhibit A, attached hereto and incorporated herein by this reference, contains a description of the Project as described in Attachment A to Resolution FCD2022-12. King County shall pay the Recipient in accordance with the terms of the Grant Policies and Procedures. 2.3. The Recipient represents and warrants that it will only use the Award for the Scope of Work of this Agreement and in accordance with the Project Budget. The Recipient shall be required to refund to King County that portion of the Award which is used for work or tasks not included in the Scope of Work. Further, the Recipient agrees that King County may retain any portion of the Award that is not expended or remains after completion of the Scope of Work and issuance of the Final Report, as further described below. 2.4. Activities carried out for this Project and expenses incurred by the Recipient may predate the execution date of this Agreement provided that 1) they have been identified by Recipient as being within the scopes of numbers 2) and 3) below, and have been approved by King County as being within such scopes; 2) the activities are specified in the Scope of Work of this Agreement; 3) the expenses are incurred in carrying out the Scope of Work and are authorized by the Award as identified in the Budget of this Agreement; 4) the activities occur after the District passes a resolution approving an award for the Project; 5) such activities and expenses otherwise comply with all Page 2 of 6 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 other terms of this Agreement; and 6) reimbursements shall be paid to the Recipient only after this Agreement has been fully executed. 2.5. The Recipient shall invoice King County for incurred expenses using the Request for Payment form and Progress Report form, or online equivalents to these forms upon the County's implementation of an online reporting database, for those documented and allowable expenses identified in the Budget and according to the rules set forth in the Grant Policies and Procedures. A request for payment shall be made no less frequently than every six months after the effective date of this Agreement nor more frequently than every three months after the aforementioned date. A Progress Report form and backup documentation of claimed expenses shall be submitted with all payment requests. A one- time advance of no more than 25% of the Award amount may be allowed, in the discretion of King County, for expenses anticipated to be incurred in the three months following the date of submission of the advance Request for Payment only for work that is included in the Scope of Work of this Agreement, and identified as such in the Request for Payment. Documentation of payments made from advances payment shall be submitted to King County prior to any further requests for payment. 2.6. The Recipient shall be required to submit to King County a final report which documents the Recipient's completion of the work in conformance with the terms of this Agreement within thirty (30) days after the completion of the work. The final report may be submitted on the Closeout Report form, or online equivalent to this form upon the County's implementation of an online reporting database. The final report shall include a summary of the Project's successes and shall address the flood reduction benefits accomplished by the work. 2.7. The Recipient's expenditures of Award funds shall be separately identified in the Recipient's accounting records. If requested, the Recipient shall comply with other reasonable requests made by King County with respect to the manner in which Project expenditures are tracked and accounted for in the Recipient's accounting books and records. The Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principles as further described in Section 2.8 below, and to meet the requirements of all applicable state and federal laws. 2.8. The Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS") or Generally Accepted Accounting Principles set forth by the Financial Accounting Standards Board or by the Governmental Accounting Standards Board. 2.9. King County or its representative, and the District or its representative, shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. The Recipient shall cooperate with King County and the District in any such audit. Page 3 of 6 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 2.10. The Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established by the Washington State Archivist Local Government Common Records Retention Schedule (CORE) as revised. 2.11. The Recipient shall ensure that all work performed by its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. The Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.12. The Recipient agrees to indemnify, defend and hold harmless King County, and the District, their elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property arising out of any acts or omissions of the Recipient, its employees, agents, contractors or subcontractors in performing its obligations under the terms of this Agreement. 2.13. The Recipient agrees to acknowledge the District as a source of funding for the Project on all literature, signage or press releases related to the Project. The Recipient may obtain from King County a District logo that may be used in the acknowledgement. SECTION 3. GENERAL PROVISIONS 3.1. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 3.2. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3. No amendment to this Agreement shall be binding on any of the parties unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 3.4. Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. 3.5. The Project shall be completed by no later than December 31, 2025. In the event that the Project is not completed by this date, King County has the discretion, but not the obligation, to terminate this Agreement and retain any unexpended Award funds. 3.6. This Agreement may be signed in multiple counterparts. Page 4 of 6 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 3.7. If any provision of this Agreement shall be wholly or partially invalid or unenforceable under applicable law, such provision will be ineffective to that extent only, without in any way affecting the remaining parts or provision of this Agreement, and the remaining provisions of this Agreement shall continue to be in effect. 3.8. The amount of the Award has been fully funded by the District. To the extent that funding of the Award requires future appropriations by the District, King County's obligations are contingent upon the appropriation of sufficient funds by the Board of Supervisors of the District to complete the Scope of Work. If no such appropriation is made, this Agreement will terminate at the close of the appropriation year for which the last appropriation that provides funds under this Agreement was made. KING COUNTY: :1 RECIPIENT: By Name N Date Title Page 5 of 6 Project Name: SR 509 Cold Creek Culvert Replacement & Channel Restoration Award Number: 4.22.26 EXHIBIT A: PROJECT DESCRIPTION PROJECT NAME RECIPIENT DESCRIPTION LEVERAGE AWARD SR 509 Cold Stream restoration upstream and downstream to Creek Culvert Replacement & City of improve fish passage, stream habitat, and to reduce $1,235,000 $200,000 Federal Way flooding risk in support of planned WSDOT culvert Channel removal and replacement. Restoration EXHIBIT B: SCOPE OF WORK APPROX. MONTH/YEAR TASKS ACTIVITIES AND DELIVERABLES PERCENT OF TASK WILL BE AWARD COMPLETED REQUEST Task 1: Project Submit reimbursement request forms, backup documentation 2% Every 3-6 Administration for billing, and progress reports at least every 6 months. months through (Required task) Submit a Fiscal Closeout form and a Closeout Report form 2025 with the final reimbursement request. Task 2: Design 35% December 2023 Task 3: Easement Acquisition 63% December 2024 Task 4: Construction 0% December 2025 EXHIBIT C: BUDGET FINANCIAL LEVERAGE (not required) SOURCE NAME GRANT TOTAL BUDGET ITEM AWARD LEVERAGE (Grant+ Federal Way King REQUEST County Flood Control TOTAL Leverage) Levy AMOUNT STAFFING 75,000 75,000 75,000 150,000 COMMERCIAL SERVICES AND CREW TIME (construction contract will 1,150,000 1,150,000 1,150,000 include labor & materials) OTHER 10,000 10,000 10,000 REAL ESTATE -RELATED COSTS 125,000 125,000 TOTAL $200,000 $1,235,000 $1,235,000 $1,43S,000 Page 6 of 6 M-0 COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING REGARDING THE INTENT TO DESIGNATE THE COMMUNITY BUSINESS (BC) ZONE A RESIDENTIAL TARGET AREA FOR PURPOSES OF THE CITY'S MULTIFAMILY TAX EXEMPTION PROGRAM. POLICY QUESTION: N/A COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: 0- - Consent ❑ Ordinance Public Hearing— ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: Staff Report Background: The public hearing is being held regarding the potential expansion of the City's limited multifamily property tax exemption (FWRC 3.30) to the Community Business (BC) zone. This recommendation for a code change was one of 9 recommendations made by Heartland, LLC, a consultant hired by the City to look at ways to increase housing production in the City. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A � DIRECTOR APPROVAL: N 7 July 23 Committee C Heil Initial/Date Initial'Date In tial iJatc COMMITTEE RECOMMENDATION: N/A Jack Dove , Committee Chair Jack Walsh, Committee Member Hoarig Tran, Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 29, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director SUBJECT: MFTE expansion to the Community Business zone Financial Impacts: There are no projected costs to the City over the long-term for adopting the proposed code amendments. Should development projects choose to utilize the Multi Family Tax Exemption (MFTE), the City would see a short-term (8 or 12 years) decline in property taxes collected from MFTE properties, but revenues from those properties would be significantly higher following the exemption period as redevelopment would have occurred. Backp-round Information: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations may be summarized as: 1. Expand the Multi Family Tax Exemption (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 restrictions 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. There are 3 zones in the City where housing can be built over 3 stories in height: BC, CC-F and CC-C. These zones represent the City Center and the properties where denser development is expected, such as along Pacific Highway. Since the adoption of the MFTE program in the City in 2003, no projects have utilized this tool. Based on information provided by Heartland as part of the study they conducted for the City, this is likely due to other factors including recent high school impact fees, rather than a lack of interest in the MFTE program specifically. Staff believes that expanding the MFTE program to the BC zone will help the City reach its housing target and increase the production of housing in the City in accordance with the City's Rev_ 6/2020 March 6, 2023 Land Use and Transportation Committee MFTE Code Amendment Page 2 Housing Action Plan, Strategy 5: Ensure that financial and regulatory incentives for mixed -income housing are effective. we, COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICY ON NAMING CITY PROPERTY POLICY QUESTION: Should the City Council adopt the proposed Resolution that establishes a Policy on Naming City Property? COMMITTEE: PRHSPS MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ® Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT Administration Attachments: 1. Staff Memo 2. Resolution — Policy on Naming City Property Options: 1. Approve the Resolution 2. Do not approve the Resolution and provide direction to staff MAYOR'S RI;COMNIEN ION: ption 1 MAYOR APPROVAL: r DIRECTOR APPROVAL: mfr;� ouncil } _ Initiallliate InitiwDatc Initial/Date ullp J COMMITTEE RECOMMENDATION: I move to forward the Resolution on Naming City Property to the July 18, 2023 g � aagendafQK4q;poo". A C'nmmi tae air Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the Resolution as presented" (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: July 12, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: City Facilities Naming Policy Financial Impacts The proposal is a policy on renaming city facilities. The cost of implementation would be on a case -by -case basis. For example, renaming a park bench would require little cost, but a trail or building would be significantly more. Per the policy, a budget and funding source would need to be identified and approved by the Council before a renaming proposal can move forward. Backg!-ound Information In an effort to provide an objective and predictable standard for renaming city facilities, the proposed naming policy was developed. Input was sought from the Federal Way Historical Society, the Federal Way Black Collective, local historians, family members of persons of historical significance to Federal Way, and other cities who have naming policies. At the July 11, 2023 PRHSPS Council Committee meeting, the Committee forwarded the proposed policy to the full Council for approval with a requirement that all naming proposals must be reviewed by a city commission before it is considered by the Council Committee. The PRHSPS Committee's recommended changed is indicated in the attached Exhibit A with additions underlined and deletions with strikethroughs. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, establishing a process and criteria for naming city facilities WHEREAS, the City of Federal Way owns and operates publicly funded facilities as part of its purpose in delivering essential services to its residents; and WHEREAS, the City of Federal Way and the land within its boundaries have historical and cultural significance; and WHEREAS, the City Council desires to establish a process and criteria for naming its property and facilities that includes honors to current or past residents who have offered significant contributions to the history and future of Federal Way. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Naming Policy. The City Council hereby adopts the Naming Policy as attached hereto as Exhibit A, and hereby incorporated in full by this reference. Section 2. 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 3. 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. Resolution No. 23- Page I of 4 Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. 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 2 of 4 Exhibit A - Policy on Naming City Property SECTION 1: PURPOSE 1. This policy outlines the process and criteria for evaluating proposals to name or rename property owned by the City of Federal Way ("City"). 2. The criteria contained within this policy should also be followed in reviewing or preparing the City of Federal Way's official comments or recommendations to State, Federal, or intergovernmental boards taking actions regarding geographic names, naming, or renaming. SECTION 2: SCOPE 1. This policy affects City -owned property only 2. The following types of City -owned property are included within the scope of this policy (referred to hereafter as "property" or "properties"): a. Buildings and structures. b. Real Property, including open spaces and parks. 3. The process and criteria for naming or renaming properties described in this policy do not apply to the following types of property: a. Historically designated properties for which a name has been indicated on a nomination form and accepted for use on a historic register. b. Public art installations that have been commissioned and/or accessioned with a title that serves as the name of the piece. c. Rights of Way and streets, including infrastructure contained within Rights of Way. d. Specific rooms within City Hall, which shall be named by the Mayor. SECTION 3: GENERAL PROCEDURES FOR CONSIDERING NAME CHANGE REQUESTS 1. Naming proposals may be made by the Mayor, a majority of Councilmembers, or the members of the public via the Mayor's Office. a. Proposals will be evaluated by Council Committee, who will forward a recommendation to the full City Council. b. When a proposal is received, the Mayor and/or Council Committee may, diser-efiGn, shall seek input from City Commission(1. c. Staff shall prepare and present a proposal for signage and other appropriate ways of publicizing the name of the property along with a cost estimate for the naming or renaming, as appropriate. d. Names proposed under this policy shall be presented as a Council Resolution for the Council's consideration, except where applicable City, State, or Federal regulations require other specific legislation. e. Upon appropriation of funding, Staff shall proceed with effecting the renaming. Naming requests from the community shall be submitted to the Mayor's Office, who shall determine, according to the criteria in this policy, whether the proposal is appropriate for consideration by Council Committee as described above. Proposals that do not appear to meet the criteria or do not appear to be of benefit to the City or its residents, may be removed from further consideration by the Mayor. Requests submitted to the Mayor shall be submitted in writing, and should, at a minimum, include: a. A map illustrating the area affected by the proposal; b. The existing facility name(s) that would be affected; c. Any known common usage names or nicknames for the area or its elements, including topographical landmarks; d. Representative photographs of the area; Resolution No. 23- Page 3 of 4 e. A statement of the criteria in this policy that apply to the request, and how the proposal meets these criteria; and f. A summary of public outreach conducted. Applicants must demonstrate the proposal has received support from a wide range of groups and individuals within City limits. Support from groups and individuals that collectively represent a narrow focus is not sufficient. SECTION 4: NAMING CRITERIA 1. The following criteria are to be used by the City Council when considering naming proposals: a. New names should avoid duplicating or reusing the same or similar name(s) already used in other locations. b. Names may be based on location or distinctive, predominant and defining natural or geological features of an area. Such proposals should be given names that directly reflect or are contextually related to the history of the site. c. Common usage names that have developed over time shall be favored. Property may be given official designations based on common usage by residents of an area, such as topographical features, nearby schools, or historical plat names. d. Names of features indicated on general usage maps for fifty years or more should only be changed when the proposed name is supported by other City policies, priorities, or initiatives. 2. Property may be given a name based on historical significance if it meets one of the following criteria: a. The name is associated with a historically significant event or for events reflecting broad patterns of Federal Way's history; b. The name is associated with the lives of persons of citywide significance in Federal Way's past; c. The name reflects a distinctive architectural or engineering achievement; d. The name is related to an existing or proposed registered historic landmark; or e. The name highlights previously under -documented or poorly understood historical narratives. 3. Property may be named as part of the City's objective to place the issue of diversity before our citizens in a positive manner 4. Property may be named for an individual or organization if that individual or organization has made a significant direct property or monetary contribution to the City of Federal Way, consistent with the City's relevant acceptance policies, for purposes of developing that particular building or facility, and the naming is a stipulation of the donation. 5. Property may be named for individuals who have enhanced the quality of life for Federal Way residents through outstanding public service, including: a. Leadership in civic organizations devoted to community improvement; b. Outstanding humanitarian work, such as assistance for people in the community who live with disabilities or are members of underprivileged or economically disadvantaged populations; or c. Leadership in events and programs that have broadly enriched the quality of life for Federal Way residents. 6. Portions of named property may have a name other than that of the entire property (e.g., "The Knutzen Family Theatre" located within Dumas Bay Centre). Resolution No. 23- - Page 4 of 4 10b COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA GRANTS FOR YOUTH PROGRAMMING POLICY QUESTION: Should City Council approve the recommendations for youth programming grant awards funded by ARPA lost revenue? COMMITTEE: PRHSPS MEETING DATE: July 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution 0 Other STAFF REPORT BY: Sarah Brid�Reford Attachments: 1. Staff Report DEPT: Community Development Options Considered: 1. Approve the proposed grant recommendations. 2. Do not approve proposed grant recommendations and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed grant recommendations to the July 18, 2023, sent agenda fd,-4 atv - bks irJeSs' - - Comrdi t e - air Committee Membe Committee Member PROPOSED COIYNCIL MOTION: "I move approval of the proposed grant recommendations and authorize the Mayor to execute agreements. " (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: July 12, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Developmentw Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator SUBJECT: ARPA Grants for Youth Programming Financial Impacts: The cost to the City for social services grants was included within the approved budget. In accordance with the approved budget, this item is funded by ARPA under the lost revenue category. Upon completion of the grants, future costs will be minimal due to grant closeout. Recommendation: At the July 11 meeting, the Parks, Recreation, Human Services and Public Safety Committee amended agenda item I, ARPA Grants for Youth Programming, to reduce the grant award allocation to $125,000 for each program and then moved the recommendations as amended to the Business Agenda for the Council to discuss and potentially approve at that time. They directed the $200,000 of now unallocated funds to be put back out for proposals for grant awards for financial literacy programs. The recommended funding amount by program following the PRHSPS Committee amendment are: Organization Program Request Commission Recommendation Boys and Girls Club Behavioral Health $ 225,000.00 $125,000.00 of King County Initiative Build 2 Lead Pathways to Success $ 762,239.40 $125,000.00 El Centro de la Raza Roberto Maestas After $ 175,000.00 $125,000.00 School Program King County Sexual Better in Communidad $ 251,586.88 $125,000.00 Assault Resource Center Multi -Service Center Federal Way Open $ 215,360.79 $125,000.00 Rev. 7/18 Doors GED Program Phenomenal She Phenomenal She $ 889,539.63 $125,000.00 Mentoring Program Progress Pushers Progress Pushers $350,000.00 $125,000.00 Credible Messengers _ $ 175,000.00 $125,000.00 Valley Cities School Based Mental Counseling and Health Program Consultation Rev. 7/18 Original memo for from 0711112023 PRHSPSC Committee Meeting CITY OF FEDERAL WAY MEMORANDUM DATE: July 18, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Sarah Bridgeford, Community Services Manager Kim Bachrach, Human Services Coordinator % SUBJECT: ARPA Grants for Youth Programming Financial Impacts: The cost to the City for social services grants was included within the approved budget. In accordance with the approved budget, this item is funded by ARPA under the lost revenue category. Upon completion of the grants, future costs will be minimal due to grant closeout. Background Information: In November 2022, City Council approved a proposal to use a total of $2,000,000 in ARPA funds for grants, to support residents in addressing housing stability & basic needs and for providing youth programming. Council approved $800,000 for housing stability & basic needs and $1,000,000 for youth programming. An additional $200,000 in grant funding was approved to be offered for financial literacy, which was included and advertised in the request for proposals under this effort; however, no applications for financial literacy programs were received. Due to this, the Human Services Commission is recommending reallocating the financial literacy funds to youth programming. Grant funding in the amount of $650,000 for employment and education services was also approved by Council. As originally planned and proposed, the employment and education funding will be taken through the Council process separately and may include a regional project or a joint approach with other South King County cities. A total of twelve applications for youth programming activities were received by the deadline. The Human Services Commission evaluated the timely, complete applications and discussed the applications at its June 26, 2023, meeting. The application process was competitive with funding requests totaling just under $5 million, nearly five times the available funding. The youth programming grants recommended for funding include school -based and community -based programming, mentoring, behavioral health services, and education programs. 92 Rev. 7/18 Programs recommended for funding are intended to serve a number of populations in the community including broad non -targeted programs and programs tailored to meet the needs of specific communities. Programs not recommended for funding due to limited funding include programs offering gang violence intervention and prevention, a STEM program for young women, a new school -based Aggression Replacement Therapy program, and an after -school and summer program tailored to African immigrant youth. Recommendation: At its June 26, 2023, meeting, the Human Services Commission voted unanimously to recommend Council move the $200,000 in funding previously allocated to financial literacy to youth programming as no financial literacy applications were received and more youth programming applications were received than funds were available. The additional funds will still not fund all youth programming proposals received, but will ensure that the funds are put to good use in a field that has a considerable amount of interest and available work. Consistent with its vote, the Commission's slate of grant recommendations to the Council below reflect the recommended reallocation of $200,000 for youth programming. The Commission voted 4-3, with one abstention, to recommend City Council approve the following grants with brief overviews of the recommended programs to follow: Organization Program Request Commission Recommendation Boys and Girls Club Behavioral Health $ 225,000.00 $150,000.00 of KingCounty Initiative Build 2 Lead Pathways to Success $ 762,239.40 $150,000.00 El Centro de la Raza Roberto Maestas After $ 175,000.00 $150,000.00 School Program King County Sexual Better in Communidad $ 251,586.88 $150,000.00 Assault Resource Center Multi -Service Center Federal Way Open $ 215,360.79 $150,000.00 Doors GED Program Phenomenal She Phenomenal She $ 889,539.63 $150,000.00 Mentoring Program Progress Pushers Progress Pushers $350,000.00 $150,000.00 Credible Messengers Valley Cities School Based Mental $ 175,000.00 $150,000.00 Counseling and Health Program Consultation Brief overviews of the programs recommended for funding are included below and copied directly from the applications. 93 Rev. 7/18 Boys & Girls Clubs of King County, Behavioral Health Initiative at Federal Way Clubs: With an increased need for mental and behavioral health services at our Federal Way 8th Avenue and EX3 Teen Center, we seek to improve the level of care and range of services offered on -site. By expanding targeted programs and services, partnerships with licensed professionals, and trauma -informed training for staff, youth will develop coping skills and resilience to navigate difficult times. 2. Build 2 Lead, Build 2 Lead: Pathways to Success: Build 2 Lead works to empower, engage, and educate to build comprehensive skills and social capital for BIPOC students and community members so they learn how to navigate and advocate for changes in systems that historically limit them. Our organization deliver programs that enhance their knowledge of the different levels of government, financial literacy, and workforce development. 3. El Centro de la Raza, Roberto Maestas After School Program: The Roberto Maestas After School Program provides 3 hours of expanded learning 5 days per week to Latina/o youth. Daily programming includes Opening Circle, Cultural Enrichment, and Academic Support. The program equips youth with knowledge and skills to instill `confianza' (confidence) to improve communities and make a difference. 4. King County Sexual Assault Resource Center, Better in Comunidad- Expansion: The goal of this project is to provide culturally relevant, comprehensive victim services specifically to Latina youth ages 11-17. Due to factors related to racism, immigration status, and more—Latinx communities have historically faced high barriers to accessing comprehensive victim services and sexual assault prevention programming. 5. Multi -Service Center, Federal Way Open Doors GED Program: The Open Doors GED program serves scholars who are disengaged from traditional education settings for reasons such as teen parenting, homelessness, employment, disabilities, and mental health barriers. MSC's staff work closely with students to prepare them for the GED, assist them in identifying and overcoming barriers and fostering resiliency and self-sufficiency using trauma informed principles. 6. Phenomenal She, Phenomenal She Mentoring Program: PS was founded as result of an uptick in violence in Federal Way. Our approach is to identify what social determinants of health we can address, connect our youth to the culturally appropriate organizations that can address them if we are unable to, and to sow seeds of encouragement, self-determination, and cultural appreciation as we help them develop the tools to reach their fullest potential. 7. Progress Pushers, Progress Pushers Credible Messengers: Progress Pushers are Credible Messengers, supports Black, Indigenous, and other marginalized youth and young adults, between 12-26 years old, are at -risk, or justice involved with 94 Rev. 7/18 transformative mentorship and navigation services program to develop leaders, - gain meaningful employment, education, and training so they're better equipped with tools and resources to become a healthy, thriving adult. 8. Valley Cities Counseling and Consultation, School Based Mental Health Program: The School Based Program at Valley Cities reduces barriers by utilizing Mental Health Professionals to provide evidence based and trauma informed mental health treatment to youth in the schools. 95 Rev. 7/18 11a COUNCIL MEETING DATE July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MFTE EXPANSION TO COMMUNITY BUSINESS ZONE POLICY QUESTION: Should the City Council amend Title 3 to expand the Multi Family Tax Exemption to the Community Business (BC) zone? COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ElOther STAFF REPORT BY: Keith Niv4o 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 MAYOR APPROVAL: TION: Option 1. 7,qr �3 Co ilieC initial/Date DIRECTOR APPROVAL: Counfd InitiaUDate F- 23 June 23 InitiaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to Public Hearing and First Reading on July 18, 2023. Lcl kA a. ZA)a Committee Chair PROPOSED COUNCIL MOTION(S): N 1A Jack Walsh. Committee Member ittee Member FIRST READING OF ORDINANCE (6/20/23): "I move to forward approval of the proposed ordinance to the August 8, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (8/8/23): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # 4 CITY OF FEDERAL WAY MEMORANDUM DATE: June 29, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director SUBJECT: MFTE expansion to the Community Business zone Financial Impacts: There are no projected costs to the City over the long-term for adopting the proposed code amendments. Should development projects choose to utilize the Multi Family Tax Exemption (MFTE), the City would see a short-term (8 or 12 years) decline in property taxes collected from MFTE properties, but revenues from those properties would be significantly higher following the exemption period as redevelopment would have occurred. Background I_nfarmation: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations may be summarized as: 1. Expand the Multi Family Tax Exemption (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 restrictions 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. There are 3 zones in the City where housing can be built over 3 stories in height: BC, CC-F and CC-C. These zones represent the City Center and the properties where denser development is expected, such as along Pacific Highway. Since the adoption of the MFTE program in the City in 2003, no projects have utilized this tool. Based on information provided by Heartland as part of the study they conducted for the City, this is likely due to other factors including recent high school impact fees, rather than a lack of interest in the MFTE program specifically. Staff believes that expanding the MFTE program to the BC zone will help the City reach its housing target and increase the production of housing in the City in accordance with the City's Rev. 6/2020 March 6, 2023 Land Use and Transportation Committee MFTE Code Amendment Page 2 Housing Action Plan, Strategy 5: Ensure that financial and regulatory incentives for mixed -income housing are effective. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to expanding the City's multifamily dwelling unit limited property tax exemption program to the Community Business zone; amending FWRC 3.30.010, 3.30.020, and 3.30.030 (Amending Ordinance Nos. 03- 438, 09-600, 09-606). WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multifamily housing in targeted urban, residential areas; and WHEREAS, Chapter 84.14 further authorizes cities with a population of at least fifty thousand to adopt procedures to implement the special property tax valuations; and WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, Chapter 36.70A RCW ("GMA"); and WHEREAS, by Resolution 02-380 and Ordinance 03-438, the City designated the City Center Core and City Center Frame as a "residential targeted area" pursuant to RCW 84.14.040 and adopted implementing provisions in FWRC; and WHEREAS, in 2022, the City hired Heartland, LLC to look at measures the City could take to improve housing production in the City; and WHEREAS, in 2023, Heartland, LLC recommended nine actions for the City to take to improve housing production in the City; and WHEREAS, one of the recommended actions was to expand the Multifamily Dwelling Unit Limited Property Tax Exemption ("MFTE") program to include the Community Business ("BC") zone; and Ordinance No. 23- Page I of 7 WHEREAS, the BC zone is described in the City's Comprehensive Plan as "allowing a broad mix of uses, including general, specialty, and service retail; commercial; office; commercial/residential mixed -use; and supportive uses"; and WHEREAS, the BC zone envisions mid -rise (three to seven stories), high quality developments containing a vibrant and compatible mix of well -integrated and designed pedestrian - oriented and auto -oriented uses; and WHEREAS, the Council finds that the BC zone meets the required criteria in RCW 84.14 for designation as a residential targeted area; and WHEREAS, the Council desires to expand the City's MFTE program to include properties in the BC zone by designating the BC zone as a residential targeted area, and adopting applicable code amendments to implement such designation. 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: (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) The BC zone is a compact identifiable district where urban residents may obtain a variety of products and services. The BC zone is compact and identifiable because it closely follows the Highway 99 corridor in the City, and does not extend far from that narrow corridor. The BC zone is also identifiable because it is a single zone. The BC zone provides a wide variety of products and services, including all types of retail, commercial, office, mixed use, and other supportive uses. Ordinance No. 23- Page 2 of 7 (c) The BC zone contains several existing business establishments, including shops, offices, banks, and restaurants. (d) The BC zone contains adequate public facilities including streets, sidewalks, lighting, transit, water, and sewer. (e) The BC zone contains a mixture of uses and activities including housing, recreation, commercial, and office. (f) The BC zone lacks sufficient available, desirable, convenient, and affordable residential housing, especially of the type and character desired in the zone, to meet the needs of the public who would be likely to live in the BC zone if such residential housing were available. (g) Providing additional housing opportunity including affordable housing in the BC zone will assist in providing additional desirable residential units, including housing units, help the City reach its GMA housing targets, will attract and maintain an increase in the number of residents in the BC zone, and help to solve the problems of urban sprawl by focusing urban development in a discreet area. Section 2. Conclusions. Pursuant to RCW 84.14, and based upon the recitals and findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the criteria necessary for adoption of the BC zone as a "residential targeted area": (a) The BC zone is an urban center. (b) The BC zone lacks sufficient available, desirable, and convenient residential housing, including affordable housing, to meet the needs of the public who would be likely to live in the urban center, if the affordable, desirable, attractive, and livable places to live were available. Ordinance No. 23- Page 3 of 7 (c) The providing of additional housing opportunity, including affordable housing, in the BC zone, will assist in achieving one or more of the stated purposes of Chapter 84.14 RCW. Section 3. FWRC 3.30.010 is hereby amended to read as follows: 3.30.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this article is to provide limited, 10-year exemptions from ad valorem property taxation for qualified new multifamily housing constructed in the community business, city center core and frame zones, in order to: (1) Accomplish the planning goals of the Growth Management Act, Chapter 36.70A RCW, and the City of Federal Way Comprehensive Plan, specifically Goals CCP 9 and 10; and/or (2) Encourage residential opportunities, including affordable housing, within the community business, city center core and frame residential tat!getedare and/or (3) Stimulate new construction of multifamily housing in the community business, city center core and frame to increase housing opportunities; and/or (4) Assist in directing future population growth into the community business city center core and frame, thereby reducing development pressures on single-family residential neighborhoods; and/or (5) Achieve development densities that are more conducive to transit use in the community business, city center core and frame; and/or (6) Promote community development and community business, city center core and frame revitalization, in fulfillment of the Comprehensive Plan,-City=C•=�VisioEi" (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-230.) Section 4. FWRC 3.30.020 is hereby amended to read as follows: 3.30.020 Definitions. Ordinance No. 23- Page 4 of 7 In construing the provisions of this article, the following definitions shall be applied: "Affordable housing" means the definition provided for in RCW 84.14.010. "Assessor" means the King County assessor. "Director" means the director of the Federal Way community development seniees-department, or any other city office, department or agency that shall succeed to its functions with respect to this article, or his or her authorized designee. "High cost area" means the definition provided for in RCW 84.14.010. "Household" means the definition provided for in RCW 84.14.010. "Low-income household" means the definition provided for in RCW 84.14.010. "Moderate -income household " means the definition provided for in RCW 84.14.010. "Multifamily housing" means a building or townhouse having four or more dwelling units designed for permanent residential occupancy. "Owner" means the property owner of record. "Permanent residential occupancy" means multifamily housing that provides either rental or owner occupancy for a period of at least one month. This excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. "Residential targeted area " means the community business, city center core and frame zones, as designated by the city council pursuant to this article. (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 09-600, § 17, 1-6-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-231.) Section 5. FWRC 3.30.030 is hereby amended to read as follows: 3.30.030 Residential targeted areas — Designation. Ordinance No. 23- Page 5 of 7 (1) Pursuant to this section, the Federal Way city center and Community Business zone, consisting of the yea parcels zoned CC-C, ACC-F, and BC. are designated as a "residential targeted area." (2) If a part of any legal lot is within the residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. (Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-232.) Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23- Page 6 of 7 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 7 of 7 11b COUNCIL MEETING DATE: July 18, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RENEWING LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE AND SETTING A SEPTEMBER 19, 2023 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT POLICY QUESTION: Should Council adopt an Ordinance to renew the Steel Lake Management District Number 1 and set a public hearing on the assessment roll for the district? COMMITTEE: Land Use & Transportation Committee MEETING DATE: July 10, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Dan Sternkopf, Pollution Control Specialist~ DEPT: Public Works J Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance and set the public hearing date for the assessment role. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 111A1li _� DIRECTOR APPROVAL: �f� '3� Inittalfl)ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 18, 2023. DOVE ,Pey-0\1`e� V II o, -Zvi 1 '-'tommittee Chair Committee Member Committee Mem er PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JULY 18, 2023: "I move to forward the proposed ordinance to the August 8, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE AUGUST 8, 2023: "I move approval of the proposed ordinance. " rRB'LOW TO BE COMPLETED B I' CITI-CLERKS OFFICEI _ COUNCIL .ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — l 1/2019 RESOLUTION # I CITY OF FEDERAL WAY MEMORANDUM DATE: July 10, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director�� Dan Sternkopf, Pollution Control Specialist SUBJECT: Renewing Lake Management District Number 1 for Steel Lake and Setting a September 19, 2023 Public Hearing on the Assessment Roll for the District Financial Impacts: There is no cost to the City for the renewal of Steel Lake Management District Number 1 ("SLMD"). SLMD activities are funded through the collection of special assessments that will be collected annually. These assessments are collected from property owners having properties adjacent to Steel Lake with lakefront footage or with deeded lake access. All City of Federal Way staff activities related to the SLMD are funded through these assessments, and thus this action will have no direct financial impacts on the City. BackLround Information: After 10 years of successful lake management, 2023 will bring to a close the existing SLMD (2014-2023). SLMD provided an organizational structure and funding mechanism that allowed for proactive lake management focusing on the protection and enhancement of water quality, recreational use, and aesthetic value of Steel Lake. On March 17, 2023, citizens involved in the formation and operations of SLMD submitted a signed petition to the City of Federal Way City Council to renew the SLMD for a new ten year period (2024-2033). At the April 18, 2023, City Council meeting, a public hearing date concerning the reformation of the SLMD was set for June 6, 2023, and a resolution of intent to reform the SLMD was adopted. Following the public hearing, Council adopted Resolution 23- 840 calling for the reformation of the SLMD subject to a vote by the affected property owners. Voting is completed and a majority of the votes cast are in favor of the reformation of the SLMD. The next step in the process of reforming SLMD is the adoption of an Ordinance reforming the SLMD and calling for preparation of the assessment roll and related public Rev 7/19 hearing. Following adoption of the Ordinance, an assessment roll will be created, published, and sent to the affected parties. A public hearing set by the Ordinance will be held September 19, 2023, after which resolutions establishing the assessment roll and Steel Lake Advisory Committee will be brought before City Council for consideration. Subsequently, another Ordinance establishing the time of payment, interest, and penalties will then be brought before Council for consideration. The final step in the reformation process is the selection and appointment of the Steel Lake Management Advisory Committee. Rev. 7/I S ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, Renewing Lake Management District Number 1 for Steel Lake and Setting a September 19, 2023 Public Hearing on the Assessment Roll for the District. WHEREAS, on March 17, 2023, the City of Federal Way received a petition for the renewal of Lake Management District Number 1 for Steel Lake ("SLMD") pursuant to RCW 35.21.403 and Chapter 36.61 RCW; and WHEREAS, the SLMD was originally created for the purpose of generating revenue to provide ongoing aquatic vegetation management, water quality monitoring, community education, and other related projects; and WHEREAS, on June 6, 2023, the City of Federal Way City Council passed Resolution No. 23-840 declaring its intent to renew the SLMD, calling for a vote by the affected property owners on the renewal of the proposed district; and WHEREAS, the City of Federal Way City Council conducted a public hearing on June 6, 2023, for the purpose of accepting testimony in support of and in opposition to the renewal of SLMD; and WHEREAS, at the public hearing, testimony was provided by Steel Lake Advisory Committee members; and WHEREAS, under RCW 36.61.090, a simple majority of the votes cast by affected property owners shall determine whether the proposed lake management district shall be approved or rejected; and Ordinance No. 23- Page I of 6 WHEREAS, the ballots were tabulated on June 28, 2023, and the proposal to renew Lake Management District Number 1 for Steel Lake has been approved by a simple majority of the votes cast; and WHEREAS, the ballots cast are available for public inspection at the City of Federal Way, 33325 8th Avenue South, Federal Way, Washington; and WHEREAS, the City of Federal Way desires to renew SLMD, collect associated assessments, and perform lake improvement activities; and WHEREAS, the City of Federal Way has established the 2024-2033 Steel Lake Management District Management Plan ("SLMDP"), which forms the basis for the annual Lake Management District work plan and Lake Management District management goals; and WHEREAS, the hearing notice requirements of RCW 36.61 will provide an opportunity to evaluate the assessment role for each property within the district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Renewal of District. SLMD is hereby renewed. The parcels in SLMD are represented in Exhibit A, which is incorporated by this reference. The duration of the district shall be for ten (10) years, from January 1, 2024 through December 31, 2033. Special assessments totaling $15,232 will be collected annually to finance SLMD activities, with the total amount to be collected during the life of the SLMD estimated at being $152,320. The special assessments will be imposed based on equal charges for similar parcels. Single family residential (RS7.2) lakefront developed properties will be charged $95 per year. Single family residential (RS7.2, RS5.0) lakefront vacant properties will be charged $33 per year. The multi -residential lakefront property (RM1800) will be Ordinance No. 23- Page 2 of 6 charged $306 per year. The Steel Lake Park parcel will be charged $2,279 per year. The Department of Fish and Wildlife public boat launch parcel will be charged $3,895 per year. Unallocated funds left in the current SLMD will roll over into the renewed SLMD. Section 2. Publication. Within ten (10) days of adoption of this Ordinance, the City of Federal Way shall publish in a newspaper of general circulation in Lake Management District Number 1 for Steel Lake a notice indicating that this Ordinance has been adopted. Section 3. Creation of District; Limitations on Appeals. Pursuant to RCW 36.61.110, no lawsuit may be maintained challenging the jurisdiction of authority of the City of Federal Way's legislative authority to proceed with lake improvement and maintenance activities and creating the lake management district, or in any way challenging the validity of the actions or decisions or any proceedings relating to the actions or decision unless the lawsuit is served and filed no later than forty (40) days after publication of a notice that the ordinance has been adopted ordering the lake improvement and maintenance activities and creating the lake management district. Written notice of the appeal shall be filed with the City Council and clerk of the Superior Court in King County. Section 4. Special Assessment Roll to be Prepared. Upon passage of this Ordinance, the City of Federal Way shall cause to be prepared a proposed special assessment roll in accordance with RCW Chapter 36.61. Section 5. Public Hearin. A public hearing will be held by the Federal Way City Council on September 19, 2023 at 6:30 PM or shortly thereafter at the City of Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. At the public hearing, the Ordinance No. 23- Page 3 of 6 City of Federal Way City Council will consider the objections to the special assessment roll of the district, shall act as a board of equalization, and may correct, revise, raise, lower, change, or modify the special assessment roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment role be prepared. The City of Federal Way City Council shall confirm and approve a special assessment roll by adoption of a resolution. Notice of the proposed special assessment, the procedure for filing written objections thereto, and notice of the public hearing shall be mailed to the taxpayers of record of all property within the district by the City of Federal Way pursuant to RCW 36.61.140. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 23- Page 4 of 6 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 5 of 6 City Of Federal Way I I Exhibit A Steel Lake Z=MA— S Exft" L.Md U36 MW m Qp34WT000 5 XWTHST a=4TW+ T"1 i - .r 11 11 �� '• Land Use Category Open Spare' M Wah-Fairy -- Park C side Fatly a 260 szo- V Federal Way WWI Feel Ordinance No. 23- Page 6 of 6