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
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Emilio Fabela
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Eric Havili
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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
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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.
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Paul McDaniel, Councilmember Hoang VAT an, Councilmember
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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.
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CITY OF
Federal Way
Centered on Opportunity
Certificate of Recognition
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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
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Signed by the City of Federal Way Mayor and City Council this 18th day of July 2023.
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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
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Paul McDaniel, Councilmember
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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
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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
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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
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- 12- Rev. 10/19
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- 25- Rev. 10/19
-26- Rev. 10/19
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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
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"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
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(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.
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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
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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.
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(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.
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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.
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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
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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
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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
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Puget Sound Auto Theft Task -Force / COA Lease — RES 5724
Game Farm Park Administration Building Page 17 of 18
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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
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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
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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
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Priceo T1}41
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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
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Ordinance No. 23- Page 6 of 6